Car crashes may be the most common source of personal injuries in Texas, but that does not mean ensuing civil cases are easy for claimants to win. Proving defendant liability is a multi-stage process that can quickly becoming complicated and challenging, especially without professional representation.
Fortunately, help is available from a seasoned Lewisville car accident lawyer. Once retained, a knowledgeable personal injury attorney could guide you through the process of proving negligence, calculate your total losses, and demand appropriate financial restitution for every single one of them.
To hold someone else liable to pay for the harm caused by a passenger vehicle accident requires proving they were legally negligent by showing that they violated a duty of care and injured the claimant as a direct result. Every driver on public roads in Lewisville owes an implicit duty of reasonable care to everyone else around them, and a breach of that duty could take several different forms.
Common examples of negligence that lead to car accidents include:
In certain cases, third parties may be liable for a wreck. For instance, a mechanic who installed a vehicle component incorrectly, resulting in its failure when the vehicle was in motion could be held partially at-fault. An experienced attorney from the area could investigate the cause of the car wreck to determine the responsible party.
Through a successful lawsuit, a civil claimant may be able to recover both economic and non-economic damages, including lost wages, medical bills, property damage, permanent disability or disfigurement, and general pain and suffering. However, there are certain aspects of Texas civil law that could potentially restrict their recovery.
One of the most common ways claimant’s could have their recovery reduced is through a court declaring them partially responsible for their own injuries. Under Texas Civil Practices & Remedies Code §33.012, a court may reduce a claimant’s final damage award by the percentage of fault they are found to bear. However, if they are found to be more than 50 percent at fault, they are barred from recovery under Tex. Civ. Prac. & Rem. Code §33.001.
In addition, Tex. Civ. Prac. & Rem. Code §16.003 sets a filing deadline of two years on most car accident claims, with only a few exceptions. Without help from a seasoned car crash lawyer, claimants in Lewisville often have a difficult time effectively avoiding potential barriers to their recovery.
In the aftermath of a serious car wreck, many people find themselves dealing with both physical and emotional harm, not to mention significant financial losses. Seeking professional guidance for help recovering compensation for these losses could help put you in a better position for a positive resolution to your case.
A consultation with a Lewisville car accident lawyer could clear up any concerns you have and clarify what the best course of action is for your unique situation. Call today to schedule your initial consultation.
McCraw Law Group