Have you been injured in a car accident in Houston? Filing a claim after you car accident case may seem simple, however, there are multiple factors that can lead to insurance adjusters denying your claim. When you work with an experienced Houston car accident lawyer, such as Attorney Caruthers, she can help you recover money for the property damage you have ensured, the medical bills you have collected, and the pain and suffering that is a result of your vehicle involved car crash.
Some cases will make it especially difficult to prove fault in, making it beneficial to hire an experienced Houston car accident attorney. If insurance adjusters do not take your case seriously, or refuse to acknowledge distracted driving or other factors that led to your accident, you may need to file a lawsuit. Personal injury lawsuits are difficult to navigate without the assistance and expertise of a personal injury attorney.
- While much depends on the specifics and the complexity of your car accident case, in general a lawyer can:
- communicate with the other driver’s insurer
- obtain the necessary evidence with respect to fault for the accident
- organize your medical records and bills
- communicate with your health care providers to obtain missing records
- work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim
- organize and present the evidence in order to prove liability and damages
- negotiate with lien holders on your claim (such as health, disability, or workers’ compensation insurers) to potentially reduce the amount of those liens, and
- negotiate a satisfactory settlement with the insurance adjuster or defense attorney.
Let’s look at a couple of these things in-depth.
Communicating with the Other Driver’s Insurer
In any personal injury case, your lawyer will open up a line of communication with the insurance adjuster for the other party (or parties) involved. The adjuster has the pocketbook, and so it is critical for a plaintiff’s lawyer to have good communications and a good relationship with the adjuster.
Obtaining Necessary Evidence of Liability
A good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim. Although you may have already taken photographs of the accident scene, your lawyer will probably go back to the scene him/herself to see what it looks like. While a picture may be worth a thousand words, actually seeing the scene can be worth a thousand pictures.
The lawyer will make sure to get all of the accident or police reports in the case and will often speak with the investigating police officers and witnesses. A good lawyer will leave no stone unturned when it comes to obtaining evidence of liability. Learn more about proving fault for a car accident.
Obtaining Necessary Evidence of Damages
This is where a good lawyer can be essential to your case, especially when you’ve suffered significant car accident injuries.
It is critical to obtain all documentation related to your injuries, but it isn’t always easy to get your hands on those records and bills from health care providers. Although the records are technically yours, and you have an absolute right to them, sending medical records to patients and lawyers is just not a health care provider’s first priority.
Small doctors’ offices may not have the staffing or the time to respond to medical record requests on a timely basis. Large hospitals may have specific procedures that must be followed in order to respond to medical record requests. If you don’t follow their procedures (which they often don’t publicize very well), they simply won’t respond to your request.
Then, when the health care provider does respond to the request, the records may be incomplete. Any lawyer’s secretary or paralegal will tell you that they often have to request the same records more than once and that they have to follow up endlessly with the provider’s office.
Finally, it may turn out that the doctor did not use the “magic words” as to causation, prognosis, and disability in his or her notes. In order to successfully prosecute any type of personal injury claim, you must be able to prove, through medical evidence,
exactly what your injury, disability, or physical limitation is, and
that it was caused by the defendant’s negligence.
Doctors often don’t mention causation and extent of the injury or disability in their medical records. If this happens in your case, your lawyer will write the doctor and ask for a special letter in which the doctor gives his/her opinion that the accident caused your injury or disability and that, as a result of the accident, you will be hindered or disabled for a specific period of time.
Negotiating With Lien Holders
If you received benefits from a health, disability, or workers’ compensation insurer, that insurer will have a lien on your claim. A lien means that the lien holder gets paid before you do, out of any settlement or judgment you receive. A good lawyer will work with the lien holder to try to get the lien holder to reduce its lien. This is important work. Every dollar less that the lien holder takes is one more dollar that goes into your pocket. Learn more about health care provider liens on personal injury settlements.
Negotiating With Insurers/Defendants
Negotiation is a very specific skill (some might even call it an art). A personal injury lawyer is always going to be far better at settling a car accident case than a layperson would be. A good lawyer knows how much the case is worth and knows how to work the case and conduct the negotiations in order to arrive at the best outcome for the client.
When Can I Handle a Car Accident Claim Myself?
If you weren’t hurt all that badly, if you’re comfortable gathering necessary evidence and documents, and (most importantly) you’re ready and willing to engage in the settlement negotiation process, you can certainly handle your car accident claim yourself. But there’s really no substitute for a skilled legal professional’s help. Learn more about the advantage of legal representation in our personal injury reader survey results.
If you’ve been involved in a car accident and you’re ready to discuss your options, you can use the chat and case evaluation tools on this page, or get tips on finding the right lawyer for you and your case.
Do Not Wait To Speak To An Attorney
Putting off speaking with a lawyer after your accident is one of the worst mistakes you can make when it comes to collecting fair compensation. Do not waste time after you have been injured, instead contact the Law Office of Beverly R. Caruthers right away. Our team can help you to explore your options and find out more about how our team of legal professionals can help you through this difficult time. Car accident cases are rarely simple and often require professional help for the best results.
Car Accident Attorney Near Houston
If you or someone you love has suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!
Our team works hard to bring the most efficient and practical solutions to your car accident case. Beverly R. Caruthers proudly serves and defends the Greater Houston area including but not limited to Baytown, Conroe, Crosby, Humble, Huntsville, Lake Jackson, Missouri City, Pasadena, Spring, Tomball.
Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
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