Texas Car Accidents: How To Recover Fair Compensation For Your Pain And Suffering

San Antonio TX auto accident lawyer

In the state of Texas, your car accident compensation will be directly related to the amount of damage you sustained. For example, if your car accident injury resulted in $5,000 in medical bills, then you would be entitled to a corresponding $5,000 in compensation. Putting a monetary value on a hospital bill is easy. But, valuing an intangible concept, such as pain and suffering, becomes much more difficult. Your pain and suffering still deserves full and fair compensation though. If you have experienced pain and suffering stemming from a Texas vehicle accident, please contact an experienced San Antonio car accident lawyer for help.

 

Determining Pain and Suffering Damages

 

Your pain and suffering could be physical, mental or emotional. All three forms are entitled to compensation. Under Texas law, pain and suffering falls under the category of ‘noneconomic damages.’ There is not a clear mathematical formula for computing noneconomic damages that will apply to every case. By nature, noneconomic damages are difficult to put a precise number on. Therefore, typically an insurance company will use a multiplier to determine the value of pain and suffering. For example, imagine that you injured your hip in a car wreck and incurred $10,000 in medical bills. Your insurance company might use a multiplier of three to determine that you suffered an additional $30,000 in pain and suffering. How do they decide on which number to use as a multiplier? Well, that is where it gets complicated. There is no consensus. Generally, the multiplier will be between one and five. But, it could even be outside of that range. Your car accident lawyer will use the evidence to ensure that your pain and suffering receives a fair valuation.

Using the Evidence to Prove Pain and Suffering

 

Ultimately, any legal claim will only go as far as the evidence allows. It is always important to get your case in the hands of your lawyer as soon as possible after an accident. This allows your lawyer to immediately begin gathering and assembling the evidence. Typical evidence that helps victims prove their pain and suffering includes:

 

  • Injury photographs;
  • Medical bills and records;
  • Notes from a medical professional;
  • Testimony from friends, neighbors and coworkers;
  • Records from mental health professionals; and even
  • Personal journal entries.

 

Anything that provides documentation can be helpful. After a car accident injury you must document everything and save all relevant records.

 

Contact an Experienced San Antonio Car Accident Injury Lawyer

 

Recovering for the noneconomic damages sustained in a car accident will always be a little more challenging. When it is difficult to put a precise number on your damage, the insurance company may try to exploit the complexity and escape their liability. An experienced lawyer will not let them. At the law office of San Antonio Injury Lawyer, our San Antonio car accident legal team will fight hard to get you the full compensation you deserve. If your car accident caused you any pain or suffering, do not hesitate to contact our office today to schedule a free case evaluation.

San Antonio Family Awarded $124.5 Million in a Car Accident Verdict

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San Antonio Express-News recently reported that a Bexar County jury has awarded a San Antonio family $124.5 million in a car accident verdict. The tragic accident, which occurred in 2012, severely injured a young boy. Audi was deemed liable for the boy’s injuries. The jury determined that the German automaker’s negligence led the family’s vehicle having a defective product design. Unsafe automobile designs can have devastating results when an accident occurs. If you believe that your car accident injury was due to a defective product design, please contact experienced San Antonio car accident attorney for immediate legal assistance.

 

The Case

 

When the crash occurred the boy was sitting in the back seat, directly behind the driver. His family’s car was rear-ended, upon impact the driver’s seat violently slid back into the child, causing his severe injuries. The jury found Audi to be 55 percent at fault for the boy’s injuries. Smaller portions of fault were also given to the driver of the other car, and to the boy’s father who was driver the Audi. But, under Texas law, Audi is responsible for 100 percent of the damage. This is because Texas uses a system known as modified comparative negligence. Under this system, when a party is found to be at fault for the majority of an accident (51 percent or more) that party is liable for the entire accident.

 

Texas Car Accidents: Product Liability

 

Product liability allows victims to hold companies liable for injuries caused by unreasonably dangerous products. In this accident, the family’s car contained a defective product. The seat of the driver collapsed backwards on impact from the rear. According to the court, that should not have happened. The consumers of Audi products had a reasonable expectation that their seats would stay in place and not put the children in the back at great safety risk. In car accident product liability cases, there are generally two forms of defective products:

 

 

  • Defective design: Automakers, and car part manufacturers, are legally obligated to use reasonably safe product designs. A defective product on a car can seriously harm consumers. A defective design means that there is an inherent safety flaw in a product. This type of product should never make it to market.

 

 

 

  • Defective manufacturing: This type of defect occurs when the original product design is acceptable, but the actual version of the product you receive is significantly flawed. It might be only your individual car that is defective or, it could be all of the cars produced from a certain factory on a certain day. Regardless, when something goes wrong in the manufacturing process, it can put consumers are serious risk.

 

 

Contact An Experienced San Antonio Car Attorney

 

The injured victims of defective products deserve justice. Major companies are not allowed to cut corners when it comes to product safety. Put simply, a defective product should never be sold. Consumers are entitled to better. We can help you hold negligent companies liable. At the law office of San Antonio Injury Lawyer, our experienced San Antonio car accident attorneys work hard on behalf of injured car accident victims. Please do not hesitate to contact our office today to learn more about Texas car accident liability or to set up a free legal consultation.

San Antonio Ridesharing Accidents

San Antonio Texas auto accident lawyer

Uber and Lyft, the nation’s two largest ridesharing companies, now actively operate in San Antonio. Ridesharing seems to grow more popular by the day. Many consumers feel that these services offer benefits over traditional taxi services. With how many rides are now occurring, inevitably, there will be some accidents too. There are many unique and complicated issues that arise out of ridesharing vehicle accidents. It is important that you understand how to protect your legal rights. If you have been injured in an accident involving an Uber or a Lyft, please contact an experienced San Antonio car accident attorney for immediate legal assistance.

 

Texas Ridesharing Accidents: How Does Insurance Work?

 

Insurance is a major issue to consider after a ridesharing accident. Whether you were a ridesharing passenger, or in another vehicle, you could be left confused by the complicated patchwork of insurance policies. Of course the process of filing a car accident claim is always complex, but seldom more so than after a ridesharing accident. Typically, San Antonio ridesharing companies carry insurance policies that are contingent on what exactly the driver was doing at the time of the accident. There are three common scenarios:

 

 

  • The ridesharing application was off: This might have occurred if you were in another car, and you got into an accident with a ridesharing vehicle. If the driver of the ridesharing vehicle did not have their application switched ‘on,’ then the the ridesharing companies will consider that driver to be ‘off the clock.’ This means that the company will likely claim that their insurance policies will not apply to your accident. In this type of situation, you would likely have to look to the driver’s personal insurance policy to recover for your damages.

 

 

  • The driver was on official ‘ridesharing trip’: In this situation, the ridesharing company’s commercial insurance policy would likely be responsible. This is true if you are a passenger in the ridesharing vehicle, or if are an occupant of another vehicle. When the driver has passengers, they are ‘on’ the clock and accident victims should be able to recover from the commercial insurance policy.

 

 

  • The driver’s ridesharing application is ‘on,’ but no passengers are in the vehicle: This situation can be tricky because both the driver’s personal insurance and the company’s insurance policy might be liable for this accident. Ridesharing drivers are independent contractors, so it less clear when they are officially working. Often ridesharing companies have contingent policies for these type of incidents.

 

 

The bottom line is that ridesharing accidents often create a complicated insurance situation. Commercial ridesharing is a very new area of Texas law, not everything has been sorted out yet. Sometimes, these companies try to test the boundaries of their liability. You need to know exactly who to hold responsible for your damages. An experienced San Antonio car accident attorney, who fully understands ridesharing insurance and accident claims, can help.

 

Contact an Experienced San Antonio Car Accident Attorney

 

At the law office of San Antonio Injury Lawyer, our San Antonio car accident team has extensive experience fighting for injured victims. The law governing ridesharing accidents is developing fast in Texas. You need a car accident attorney who understands this new area of law and can make sure that you get full and fair compensation for your injuries. If you have been in a ridesharing accident, please contact our office today to learn more about your legal options.

Discovery of Harm in Texas Car Accident Cases

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The statute of limitations is a critical factor in all Texas personal injuries cases, including car accidents. Under Texas law, a case must be brought within two years of the accident. Many people are broadly familiar with the statute of limitations. But, not many people are familiar with a critical concept known as ‘discovery of harm.’ The concept of discovery of harm plays an important role in determining when that two year clock actually starts. If you have been injured in a car accident, and some time has already passed, the discovery of harm rule may be a factor in your case. There is no more time to wait; please contact an experienced San Antonio car accident lawyer today.

 

What Is Discovery of Harm?

 

The discovery of harm rule is a provision that provides some additional options to work around Texas strict car accident statute of limitations. You can not ignore the two year statute of limitations. But, there are questions around when that two-year clock actually begins to tick. Texas law understands that not all injuries are immediately apparent. So while typically, the two year clock starts on the day of your car accident, in some limited cases it might begin on a later date. Essentially, the clock begins to tick at the point at which you reasonably should have discovered the extent that you were harmed. If you were injured in a car accident, and only recently discovered the full extent of your injuries, you must contact an experienced San Antonio car accident lawyer today.

 

Exception in Texas for Minors

 

Minors are generally treated differently under Texas law than adults are treated. The statute of limitation rules are no different. For Texas minors involved in car accidents, the two-year clock does not begin to run until that child turns eighteen years old. Minors do not have the same legal obligations as do adults. Therefore, Texas law creates an exception and does not hold them to the strict two year time limit. If your child was injured in a car accident, you may still have the opportunity to bring that case even if the traditional two year time limit has passed. But, once again, there is no more time to waste at this point. Please get your case in the hands of an experienced Texas car accident lawyer today.

 

Contact an Experienced San Antonio Car Accident Lawyer

 

You must always keep the statute of limitations in mind after sustaining an injury in a car accident. The best thing you can do is to get your hands in the case of an experienced car accident attorney in San Antonio as soon as you recognize that something is wrong. Acting quickly will also help you because it will be easier to gather car accident evidence. Properly gathering and assembling the evidence is the key to any successful car accident insurance claim. If you have any questions about how the statute of limitations impacts your Texas car accidents, contact the law office of San Antonio Injury Lawyer today. Initial legal consultations are always free of charge.   

 

Texas Car Accident Liability

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Car accidents are often emotionally and physically difficult experiences. Even worse, many times, fault in an accident is not clear cut. It may be that you know you were at fault for a small part of the accident, but you also know that another party was much more at fault. You might know that the other party was entirely at fault, but you are afraid that they will lie about it and you do not know how you can prove it. It might even be that you initially have no idea who is at fault for the accident. If you find yourself in any of these situations, you should speak to an experienced car accident attorney immediately. In Texas fault is directly related to liability and the last thing you want after a devastating accident is to be unfairly stuck with the bill.

Every Little Bit of Fault Matters in Texas

When it comes to determining liability for a Texas car accident, the case is all about determining exactly who was at fault. Texas is a comparative negligence state. Under Texas law, your recovery of damages is directly proportional to your fault in the accident. For example, imagine that you were injured in a car accident and you sustained $10,000 in damages. The percentage you are actually entitled to collect, is reduced by your percentage of blame for the accident. If you are found to be zero percent at fault for the accident, then you get to collect the full $10,000. On the other hand, if you are deemed to be 20 percent to blame for the accident, then your compensation is reduced by that 20 percent. You can only collect $8,000. From this example it is clear, every single percentage point matters. In some cases a one percent difference in blame can mean a difference of thousands of dollars. An experienced Texas car accident attorney is crucial, and can aid you in recovering every penny that you deserve.

Important: Bar on Recovery for More Than 50 Percent Fault

There is also an additional twist: Texas has modified its comparative negligence to completely bar recovery for the majority at-fault party in any car accident. Thinking back to the previous example, say that the fault percentage was deemed to be 60 percent. Instead of the compensation being reduced by 60 percent, it would be reduced all the way down to zero percent. You can not collect for an accident when you are 51 percent, or more, to blame. The stakes are high when determining fault; let a qualified attorney fight for you.  

Contact an Experienced San Antonio Car Accident Attorney

After a major car accident injury, you need to focus on your health and your family. Let an experienced car accident attorney handle the case and keep you protected. Comparative negligence can create legal complexities and the big insurance companies know how to use the complexities to their advantage. Do not get stuck with unfair blame, it will cost you. Contact the law office of San Antonio Injury Lawyer today. A comprehensive case review is free of charge and it can pay off big in the long run.