Motor vehicle accidents are unfortunate yet all too common in Houston. Thousands of Texans are seriously injured or killed annually due to these accidents. According to Chron, Houston experienced a sharp rise in the death toll from traffic accidents in 2021 compared to 2020. The number of fatalities increased from 275 to 330. It is a 20% increase from the previous year.
Additionally, the total number of crashes rose 14% over that period. Luckily, you can recover from your losses by filing a car accident claim. Consulting with professional Houston car accident lawyers can help you understand the legal process and identify courses of action that can be taken to compensate for medical bills, daily expenses, and lost wages due to the incident. Apart from this, this article will discuss six factors that may strengthen your accident case.
Clear Liability
Texas follows the Modified Comparative Negligence Rule. This means that if someone is found to be more than 50% responsible for a car accident, they will not be able to collect damages from any other party. In terms of compensation, if an individual’s responsibility level is 50 percent or less, their award may still be reduced by the percentage of their fault.
For example, if damages are estimated at $100,000 and the defendant is found 25 percent responsible, their compensation would be reduced from $100,000 to $75,000 ($100K – 25%). In cases with clear liability, there is a greater likelihood of a successful damage claim. Understanding these conditions can help create a stronger personal injury case.
Significant Property Damage
If your vehicle has suffered serious property damage, this can be an important factor in seeking maximum compensation from insurance companies. The extensive property damage may be viewed as evidence of a more serious accident, helping you obtain the best possible outcome.
Immediate Medical Treatment
Medical treatment shortly after the incident can drastically improve your odds of a successful claim. Conversely, delaying medical treatment may reflect poorly on your case, making it difficult to prove that the injury directly resulted from the crash. Insurance adjusters are inclined to question the true severity of an injury if it is not immediately addressed.
Following the Medical Plan
Following a doctor’s treatment plan and attending all therapy sessions is important to increasing the validity of any accident-related injury claim. Keeping up with these appointments demonstrates to the court that you are adhering to prescribed medical care and doing your best to improve your condition.
Serious or Permanent Injury
When somebody sustains a permanent impairment, their compensation is significantly larger than in other cases. This can include spinal cord injuries, amputations, and brain damage. Additionally, psychological injuries such as depression are also considered when calculating the claim’s value.
Furthermore, future damages may be part of the compensation package. These include long-term care, ongoing medical expenses, lost wages, and decreased earning capacity. Furthermore, companies typically pay for the loss of quality of life sustained due to disability or injury.
It is important to seek medical advice and treatment for a serious injury to ensure that you reach maximum medical improvement before making any decisions about a settlement offer. Insurance companies will likely take your case more seriously if your injuries are permanent or have been sufficiently documented by healthcare professionals.
Strong Evidence
Effective advocacy requires compelling evidence. In Houston car incident cases, evidence can come from a range of sources, such as eyewitness testimony, toxicology tests, and the Texas auto accident police report. Careful compilation and presentation of this evidence can be an effective way for the lawyer to increase your chances of a successful outcome.
Bottomline
Knowing the facts is important before filing a car accident claim. You’ll need to prove the other driver’s negligence for them to be held liable for the damages done. Additionally, be mindful of any statute of limitations set out by your state or country; this dictates how much time you have after an accident occurs to file a claim. Keeping these aspects in mind is key when making such an important decision.
