Frisco Car Accident Lawyer
Getting into a car accident can be a very confusing situation. That single instant will trigger a series of events that can throw a person’s entire life into chaos. After seeking out medical care for any injuries, a person needs to consider whether or not they want to take legal action against the at-fault driver. All the while, they are missing time at work and their home lives are suffering.
The very people who are supposed to help, the insurance companies, often only make things worse. By flooding injured people with paperwork and denying liability in obvious situations, they can prey on unrepresented plaintiffs.
Our Frisco car accident lawyers are here to help. From day one, our injury lawyers handle every step of the claims process so that our clients can focus their energies on recovery.
Texas Traffic Laws
Most collisions on the road are the result of violations of driving safety rules. Because of this, they are pursued by a Frisco car crash lawyer under the legal theory of negligence. In short, negligence occurs when a person has a duty to protect another, but, through taking an action or failing to do so, causes harm to the protected person. There are five parts, or elements, of a successful negligence claim:
- Duty – Duty is created when a person takes an action that requires them to care for other people. All drivers of all vehicles assume a duty to protect other drivers, pedestrians, and passengers. Therefore, this element is always met in a car accident case.
- Breach – When the person with the duty acts in a way that causes harm, the duty is said to be breached. This can be by violating a rule of the road, or simply by driving in a careless manner. Examples can include running a stop sign or texting while driving. If the police make a note on their report that one driver was committing one of these actions, the likelihood they will be considered at-fault increases.
- Causation – Any injuries claimed by the plaintiff must be attributable to the breach of the duty of care. Any preexisting conditions will not be part of the case, but any worsening caused by the wreck may be recoverable.
- Scope – The injuries suffered or injuries of a similar kind must have been foreseeable from the facts of the case.
- Damages – Lastly, the plaintiff must have suffered a physical injury from the accident. Without damages, there is not a claim that a Frisco car accident attorney can make, regardless of how negligent the at fault driver was.
Potential claimants should also be aware that there is a time limit to file a lawsuit. Under Texas Civil Practice and Remedies Code 16.003, any lawsuit alleging personal injury must be filed no more than two years from the date of the incident. In certain situations, the time limit to file a lawsuit may even be less than two years.
As soon as this time passes, the case cannot be heard by the court. Known as the statute of limitations, this is a common reason for a person’s claim to be denied.
How Our Frisco Car Accident Attorneys Can Help You
People who are injured in car accidents should be focusing their energy on making a full recovery. Sadly, the claims process and overall stress of the experience make this difficult.
Many unrepresented plaintiffs are pressured into signing quick settlements for low sums or are convinced by the insurance company the accident was their fault.
Our firm’s Frisco car accident lawyers fight to protect our clients from aggressive insurance companies and to pursue their claims for their fair value.
By forming comprehensive demand packages backed by the evidence and the law, many cases settle without needing to go to trial. Contact our attorneys today to see how we can help you get the fair compensation you deserve.