Have you ever wondered, “do you need an attorney after a car accident?” If you find yourself in this situation, it is a common question.
In the state of Texas, no law requires you to hire an attorney when pursuing compensation for the damages and injuries you experienced in a car accident. While this is true, having an attorney represent your interests is recommended.
At The Burkett Law Firm, we can investigate the cause of the accident and determine the value of your case. We work to help you recover the maximum compensation possible for your claim. Without our assistance, you may not get the full value of your claim to cover the injuries and damages you sustained.
Learn more about hiring an attorney, why this is a smart option, and what we offer when you retain our services.
Help Filing an Insurance Claim
If you are involved in a car accident, the first step in seeking compensation is filing a claim with your insurance provider or the insurance provider for the at-fault driver.
Texas follows a modified comparative negligence law for recovering compensation. According to this, you have the right to sue for damages even if you are partially to blame for the accident. The exception is if you are found to be over 50% at fault. In this case, you will not be able to receive compensation.
Even in cases where the fault is clear, the other party, their attorney, or the insurance company may deny responsibility. In this situation, having an attorney help with proving and negotiating a settlement is invaluable.
In other situations, the at-fault driver may not have insurance coverage. In this case, you must consider other remedies. Your attorney can review the situation and help you recover the compensation needed after an accident.
You Have a Prior Injury
The insurance company will request your health history when it processes your claim. If you have a prior injury, it may be used against you during your case. The insurance company may argue that you were more likely to be injured during this accident because of the pre-existing condition.
According to the eggshell-skull rule in Texas, you can still recover damages even if you were injured before the collision occurred. Because this rule can be tricky and negotiating compensation is often complex, having an attorney will be beneficial.
Your Insurance Claim Is Denied
Many people believe the insurance company will help them after being injured in a car accident. This is why you pay your bill every month.
However, it is not unusual to have your claim denied. The insurance company may refuse to provide any reimbursement or offer a settlement that is considered a “lowball” offer. The company may also dispute your claim because you waited to report the accident or did not immediately report all injuries and damages.
When this happens, you need someone to fight for your rights and push back against the insurance company to help you get the compensation you are entitled to, so you will need a car accident lawyer.
Fault for the Accident Is Unclear
In some situations, fault in a car accident is clear. For example, one driver ran a stop sign and caused an accident, or the other driver was intoxicated. In these situations, the fault is clear; however, it does not mean the insurance company will not try to pass the blame and claim you were negligent in some way.
If the officer who responds to the collision files a report after, it may state who is responsible. However, this is not always the case. If the police do not designate the party who is at fault, then the insurance company must determine it.
At this point, the insurance company will send an adjuster to investigate what happened and determine liability. What they decide may not be in your favor.
If you believe that the insurance adjuster has wrongly assigned blame to you after a car accident, an attorney can help gather evidence to prove the other driver is responsible.
How Soon Should You Get a Lawyer After a Car Accident?
As you can see, there are several reasons you may need the services of an attorney after a car accident.
If you are in this situation, it is best to hire an attorney as soon as possible. The longer they have to work on your case, the more evidence they can gather and the stronger claim they can form.
Just remember, not all attorneys are created equal.
How to Get a Lawyer After a Car Accident?
After your accident, you should get recommendations for attorneys from people you know and read online reviews. This will help you find someone who is qualified and who can provide you with the representation you need for your case.
At The Burkett Law Firm, our lawyers have decades of experience representing accident victims in and around Corpus Christi. We can provide the aggressive representation you need to help you get the compensation you are entitled to.
The first step is to call our office and schedule a free consultation. During this consultation, we can discuss your case to determine what needs to be done.
Do I Need a Lawyer After a Car Accident in Texas?
To answer plainly, hiring an attorney after a car accident is wise. Doing so means you have someone representing your interests who knows the law and can use it to help you recover the maximum amount of compensation you are entitled to.
Call our office today to schedule a consultation or learn more about our legal services.
What to Do After a Car Accident?