A car accident lawsuit can be somewhat as scary as the car accident itself. How courts handle them even in neighboring jurisdictions can sometimes be quite different, and handling your car accident case quickly and efficiently is non-negotiable. Often, a lawsuit isn’t necessary, such as when a driver is clearly at fault, they accept responsibility, and they work with you and the insurance company to get you quickly compensated. Nevertheless, it’s important to act as though a lawsuit is necessary, even if you think it isn’t. It helps to ensure that you obtain the highest claim possible.
How Will I Know if a Lawsuit Is Necessary in My Car Accident Case?
There are a number of factors that could necessitate a lawsuit—most generally, any time there is an argument about fault or some refusal to pay for any reason, a lawsuit is the most likely result. Some common scenarios include:
- Hit and runs
- Refusal to pay, even after being found at fault by law enforcement and receiving notice and demand letters
- The at-fault driver refusing to work with insurance companies
- Any argument about who was at fault
- Resistance by automotive repair or manufacturing companies to accept liability for defective equipment or installations
- Arguments over the true extent of the damages and injuries
- Any kind of cross-claim from third-party interveners (e.g., if the at-fault driver had reason to claim the crash was caused by an unruly passenger)
Only an experienced car accident lawyer can help you know what the most appropriate lawsuit for your unique situation is before you take any wrong legal turns.
Obvious and Hidden Injuries
Though most people picture obvious, serious injuries when they consider car accidents, what is too often overlooked are injuries that take time to develop. What might have seemed like mild whiplash or a slight concussion at the time of the incident could be what leads to more severe spine misalignment or chronic migraines, traumatic brain injuries, seizures, or other brain issues. This could even take many months before you can be sure that it’s not the case. It’s important to have the guidance of legal counsel who can coach you on what not to say after an accident, even if you mean well.
For example, statements like:
- “It doesn’t hurt that much.”
- “It’s not that bad.”
- “I think I’ll be fine…”
- “I can even get up and walk!”
…could be used to cast doubt on future revelations that there was a more severe problem under the surface. Even low-speed collisions hold the potential for permanent or semi-permanent damage to the delicate bones in the neck or in the soft tissues of the brain. You just don’t know the full extent of the injury, and it’s best to say as little as possible about them on the public record until instructed to by your lawyer.
Proving Injuries Big and Small
If you have been injured in a car accident in Arlington, you absolutely must take all precautionary measures before it’s too late. Consider any combination of the following services soon after a car crash, even the ones you can walk away from:
- Spine and bone alignment specialists
- Migraine, concussion, and brain health specialists
- Psychological and emotional counseling services
- Nerve pain specialists
- Hearing tests
- Vision tests
- Physical therapies—especially for discovering range-of-motion limitations
Seek these or any other potentially relevant medical treatments under the guidance of your primary care provider. Doing so is not only crucial for your well-being—it could be the key to proving the true extent of bodily injury to the courts, especially when the injuries aren’t immediately obvious.
Who Is Liable in a Car Accident Case?
Lawsuits related to car accidents can vary just as much as car accidents themselves. The lawsuit process varies depending on whether the proximate cause of the accident was:
- Another driver
- A mechanic who improperly installed auto equipment
- An automotive company that sold faulty and dangerous equipment
What makes each of these types of car accident cases different is the type of damages that can be collected. In the first two examples, compensatory damages for injury and property loss are sought, whereas in the last example, a product liability claim is also obtainable. For lawsuits related to avoidable equipment malfunction, it’s likely that the process will require the testimony of expert witnesses, which increases legal expense and time.
Damages to Be Calculated
For any car accident lawsuit, the real-life damages are often the same. No matter what the cause, the injuries and damages that the victim needs compensation for almost always include:
- Ambulance bills
- Current and future medical expenses (including surgery, therapies, medications, in-home care, etc.)
- Automobile replacement or repair costs
- Current and future lost wages
- Pain and suffering (emotional trauma, loss of enjoyment, loss of consortium, etc.)
- Legal fees (attorneys, court costs, filing fees, etc.)
If the accident resulted in death, the matter becomes all the more serious and the victim’s family can seek even more damages through a wrongful death lawsuit.
Car Accident Lawsuit Attorney in the City of Arlington
Only a local attorney experienced in car accident lawsuits can help you prove what is necessary according to:
- The state of Texas and City of Arlington laws
- The way the courts have interpreted those laws
- How those courts tend to calculate damages
It’s also important to rely on an attorney whose experience representing car accident clients is specific to the courts of the territory where the accident took place. A car accident claim is no time to rely on the second best when you and your family need compensation, and Allbee Law Firm has been fighting for just this in the city of Arlington. Only then can you get past the difficult car accident lawsuit process, focus on recovery, and be back to your life—thankful to be alive and well, because that is what ultimately matters. When you’re ready to take the first step, contact us for a free case review.