10 Reasons the Car Insurance Company Denied Your Claim (and What to Do About It)

Every day in Texas, motorists are denied car insurance claims even though they’re not actually liable for the accident they were involved in. This can be due to any number of factors. Some are legitimate, some not so much—but the bottom line is that it’s extremely frustrating and can lead to serious medical, emotional, and financial issues.

In this blog, we examine 10 reasons a car insurance company might attempt to deny your claim, how you can avoid these denials, and how an experienced greater Katy area personal injury lawyer can help you resolve the dispute and get you the compensation you deserve.

Can a Car Insurance Company Deny an Insurance Claim?

Can a Car Insurance Company Deny an Insurance Claim

Can a Car Insurance Company Deny an Insurance Claim?

Yes—and they do, every day.

Sometimes, the reasons they deny claims are valid and there’s nothing you can do. Sometimes, the reasons are bogus justifications that prioritize saving the insurance company money rather than protecting their insured.

If you’ve filed a claim that’s been denied, you deserve to understand why so you can decide what to do next.

10 Reasons Why the Car Insurance Company Might Deny Your Insurance Claim

Navigating the landscape of car insurance claims after an accident can be a demanding and often frustrating process. Even when the facts of an accident seem clear, insurance companies—which are, at their core, businesses focused on managing financial risk—frequently employ various strategies to limit their payouts or deny claims entirely. Understanding the fundamental reasons behind a denial is the first critical step toward challenging that decision or adjusting your expectations.

Here is an in-depth exploration of ten common reasons why an auto insurance claim might be denied, detailing the insurer’s perspective, the consumer’s challenges, and potential paths forward.

1. Bad-Faith Reasons: The Unjustified Denial

A bad-faith claim denial fundamentally breaches the contractual obligation an insurer has to its policyholder. The relationship between the insured and the insurer is one of good faith and fair dealing. A denial rooted in bad faith occurs when the insurer refuses to pay a legitimate claim without an appropriate, valid basis or fails to properly investigate and process the claim in a timely and reasonable manner.

Bad-faith tactics extend beyond a simple denial. They can include a pattern of behavior such as unreasonably delaying the investigation or settlement, misrepresenting the actual terms of the insurance policy, refusing to communicate with the claimant, or attempting to coerce a claimant into accepting an unjustly low settlement offer. 

When an insurer cannot provide a clear, policy-based, or legally sound justification for denying a claim, it raises a significant red flag. For a consumer, challenging this behavior is daunting. It requires knowledge of state insurance regulations and civil procedures to demonstrate that the company acted in a commercially unreasonable way. 

In these situations, a legal professional who regularly handles insurance disputes is the necessary resource for holding the insurance company accountable and working to secure the necessary compensation to cover medical bills, lost wages, and other damages.

2. You Waited to Notify the Insurance Company After a Crash: The Requirement for Prompt Notice

Most, if not all, insurance policies contain language requiring the policyholder to report an accident promptly. This condition, often termed the “notice provision,” is a critical part of the contract. Failure to provide timely notice can jeopardize the claim, even if the claim is otherwise valid.

The insurer’s justification for this denial often centers on the principle that a delayed report harms their ability to investigate the claim thoroughly. Over time, physical evidence at the crash scene may disappear, witnesses’ memories fade, and the true circumstances of the incident become harder to verify. 

The company may argue that the delay constitutes a “material breach” of the policy. However, what constitutes “too long” can be subjective and is often exploited by insurers seeking grounds for denial. 

Minor, non-prejudicial delays should not typically result in a complete denial, yet they are frequently cited as the pretext. If you receive a denial citing a violation of the notice provision, it is crucial to review the policy’s exact wording and determine if the insurer can genuinely prove that the delay prejudiced their investigation—meaning the delay truly prevented them from performing a necessary investigation and was not just an excuse.

3. You Don’t Have the Right Type of Insurance Coverage: Policy Limitations

Every auto insurance policy is a contract detailing specific types and limits of coverage. A denial can occur straightforwardly if the nature of your loss does not align with the coverage types you purchased.

Insurance is compartmentalized. For instance, if your vehicle sustains damage due to a collision with another object (like hitting a pole or another car), you need Collision Coverage to pay for the repairs or replacement. If you only purchased the state-minimum Liability Coverage, the insurer will cover the damage you cause to others, but they will deny your claim for damage to your own vehicle. Similarly, if your car is stolen or damaged by vandalism, fire, or severe weather, you need Comprehensive Coverage

Denials based on insufficient coverage are often complex because policy language is dense, using legal and technical jargon that is difficult for the average person to decipher. An adjuster might interpret this language narrowly to exclude coverage. When a seemingly basic aspect of a loss is suddenly deemed uncovered, a legal review by an attorney familiar with policy structures can help to clarify or dispute the company’s interpretation of the policy language.

4. You Obtained Insurance Under False Pretenses: Voiding the Policy

Insurance policies are based on the declarations made by the applicant at the time of purchase. If an insurance company discovers that the policy was obtained using false or materially inaccurate information, they have the right to declare the policy void, often retroactively—a process called rescission.

Material misrepresentation occurs when a policyholder provides incorrect information that, had the truth been known, would have caused the insurer to deny the coverage application, charge a significantly higher premium, or issue a policy with different terms. 

Common examples include lying about the primary driver of the vehicle, concealing a poor driving record, or misrepresenting the car’s primary location (“garaging address”). While providing intentionally false information to defraud an insurer is a serious matter with legal and financial repercussions, companies sometimes stretch the definition of “false pretenses.” 

They may scrutinize application details after a large claim is filed, using minor, unintentional errors or administrative mistakes as an excuse to avoid payment. If an adjuster is claiming the policy is invalid due to false pretenses, it’s essential to ascertain if the alleged misstatement was truly material to the policy’s issuance and not just a convenient tactic to justify a denial.

5. The Insurance Company Says You’re Responsible for the Crash: Liability Disputes

In the aftermath of an accident involving two or more parties, liability—or fault—must be determined. When insurance companies representing the drivers cannot agree on who is to blame, or if one company attempts to shift the entire blame to you, your claim can be substantially delayed or denied outright.

This reason for denial ties directly into comparative negligence laws. Depending on the state, a claimant’s compensation may be reduced by their percentage of fault (pure comparative negligence) or eliminated entirely if their fault exceeds a certain threshold (modified comparative negligence, typically 50% or 51%). 

Insurance adjusters are trained to minimize their client’s liability and maximize the other driver’s fault to protect the company’s finances. They scrutinize police reports, witness statements, and physical evidence to build a case that you were wholly or partially responsible. 

To counter this, strong, objective evidence—such as traffic camera footage, detailed accident reconstruction, or independent witness testimony—is often required. Aligning with a lawyer who has access to quality investigators and resources can be instrumental in establishing liability clearly and moving the claim toward a fair resolution.

6. Your Insurance Policy Had Lapsed: The Cost of Non-Payment

If you fail to pay your premiums, your car insurance policy will lapse, meaning you are no longer covered. Once coverage lapses, any accident that occurs is not insured, and your claim will be denied automatically.

An insurance policy is a contract contingent upon premium payment. When the premium is missed, the coverage stops, often without a significant grace period beyond the due date. The consequences are immediate and severe: you forfeit the protection you paid for, and you become personally liable for all injuries and property damages you cause in an accident. 

Furthermore, driving without active insurance coverage carries steep fines, license suspension, and potential vehicle impoundment depending on the jurisdiction. While companies must notify policyholders of an impending lapse, it remains the consumer’s responsibility to ensure continuous coverage. If a policy has genuinely lapsed, the denial is almost certainly valid. The best practice is to always pay policy terms in full or ensure auto-payment options are secured and current to prevent any gap in coverage.

7. There Isn’t Enough Insurance Coverage to Cover Your Costs: Limits Exhausted

A common scenario leading to financial shortfall, if not outright denial of a final payment, occurs when the total value of the damages—such as medical bills, lost wages, and pain and suffering—exceeds the maximum limits of the at-fault driver’s policy.

Policy limits represent the maximum amount an insurance company will pay out for a single accident or a single person’s injury. If a claimant sustains $100,000 in injuries but the at-fault driver carries only a $25,000 Bodily Injury Liability policy, the at-fault driver’s insurance will pay the $25,000 limit and then cease payments. 

The remaining $75,000 becomes the claimant’s problem. While the insurance company didn’t “deny” the claim, they denied the full payment. There are two principal methods for addressing this gap: first, using your own Uninsured/Underinsured Motorist (UM/UIM) policy, which is specifically designed to cover the shortfall; and second, identifying alternative sources of recovery

A legal professional can thoroughly investigate the incident to uncover every possible source of compensation, which might involve holding a bar or restaurant accountable for over-serving the at-fault driver (dram shop liability) or pursuing any umbrella or excess policies held by the liable party.

8. The Insurance Adjuster Is Stalling, Rather Than Giving You an Answer Outright: Delay Tactics

While delay is not a denial, it is a precursor to many claim denials and a common technique used to pressure claimants. An adjuster might repeatedly request unnecessary or redundant documentation, frequently transfer the claim to a new handler, or simply ignore calls and emails for extended periods.

The goal of deliberate delay is simple: fatigue and desperation. Insurance companies understand that claimants are often dealing with serious injuries, lost income, and mounting financial obligations. 

They rely on the claimant becoming so exasperated or financially strained that they will either drop the claim entirely or, more often, accept a significantly undervalued settlement offer just to secure a quick payout. 

Most individual claimants lack the background or persistence required to effectively negotiate complex claims against large institutions. In these scenarios, a car crash lawyer can intervene to handle all the correspondence, investigation follow-ups, and negotiation deadlines, relieving the claimant of the stressful burden of dealing directly with the insurance company and allowing them to focus on their physical recovery and returning to normalcy.

9. You Were Doing Something Illegal at the Time of the Crash: Policy Exclusions

Insurance policies contain numerous exclusions that void coverage if the vehicle was being used in a manner that violates the policy terms or the law. If your actions at the time of the crash fall under one of these specific exclusions, the claim is likely to be denied.

The most common examples of exclusions leading to denial include driving under the influence of alcohol or drugs (DUI), engaging in street racing, or using the vehicle for commercial purposes (like a ride-sharing service or delivery job) when the policy is strictly for personal use and does not have the necessary commercial rider. 

Crucially, the illegal or prohibited activity must have a causal connection to the accident. For example, if you were speeding (illegal) but were rear-ended while stopped at a red light (where speeding was irrelevant to the cause), a denial based solely on the speeding violation may be challengeable. Insurers must clearly define these exclusions in the policy. 

If the company invokes an exclusion, a close analysis of the policy language and the factual link between the prohibited activity and the cause of the accident is required.

10. You Don’t Have a Diagnosed Injury: Lack of Objective Proof

If you file a claim seeking compensation for medical bills, lost wages, and pain and suffering, you must provide clear, medically documented proof that you sustained injuries because of the accident. Without this objective proof, the insurance company will argue that your injury claim is speculative, and they will deny it.

The insurer relies on medical records to validate the existence and severity of an injury. If a claimant delays seeking treatment or only complains of pain without obtaining a formal diagnosis (such as a fracture identified by X-ray, or documented nerve damage), the insurer will conclude that the injuries are not legitimate or serious enough to warrant compensation. 

They are particularly skeptical of so-called “soft tissue” injuries (like whiplash) that lack clear objective markers, requiring claimants to establish a solid track record of consistent and ongoing medical care, diagnostic imaging, and detailed physician notes. 

To successfully negotiate or litigate an injury claim, you must maintain impeccable records: initial emergency room reports, doctors’ notes from every follow-up visit, physical therapy records, and a detailed prognosis. 

It is universally advised that anyone involved in an accident seek medical attention immediately—not only does this safeguard your health by identifying injuries early, but it also creates the necessary paper trail to support a successful insurance claim down the road.

Summary and Next Steps

Insurance claim denials are rarely the final word. They are often strategic moves by the company to minimize its financial outlay. If your claim is denied, you have the option to challenge the decision, but doing so effectively requires meticulous documentation and a solid understanding of insurance law.

Reviewing the official denial letter to determine the precise reason is the first step. If the reason aligns with one of the justifiable causes (like a policy lapse or lack of coverage), your options may be limited to alternative sources of recovery. However, if the denial is based on questionable liability, delayed notification without prejudice, or suspected bad faith, retaining the services of a legal firm with significant experience handling insurance disputes can significantly improve your chances of securing the compensation you are due. A legal team can take over the complex negotiations, perform necessary investigations, and, if required, initiate legal action to enforce the terms of your policy.

How to Appeal Your Car Insurance Claim Denial

Can an Insurance Company Deny a Claim?As we’ve discussed, appealing an unfair denial can be complicated, but not impossible—especially if you have an experienced attorney on your side who knows how to handle the insurance companies.

If your claim has been denied, don’t wait to contact a greater Katy area car accident lawyer. Our team has experience successfully handling all types of car crash cases and the insurance negotiations that inevitably follow.

Contact the Attorneys at Will Adams Law Firm Today

If your insurance company has denied your car accident claim, don’t wait to contact the skilled and experienced attorneys at Will Adams Law Firm. We offer complimentary consultations where we hear the details of your situation and help you decide what to do next.

To schedule a meeting with our team, please call (281) 371-6345 or complete this brief form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

What Is the Average Settlement for a Pedestrian Hit by a Car?

average settlement for pedestrian hit by carWhile no one can snap their fingers and restore your sense of safety after being hit by a car, the right pedestrian accident lawyers will work tirelessly to hold the at-fault driver accountable. This includes helping you get the money you need to rebuild your life after the accident.

In this post, we’ll discuss what goes into determining a settlement value for an injured pedestrian. We’ll also talk about how personal injury lawyers can make a difference to the success of your pedestrian accident case.

What You Need to Know About Settlements After Being Hit by a Car

average settlement for pedestrian hit by carFirst, let’s be clear what a settlement is. A settlement in an agreement between parties involved in a legal case. Settlements compensate for the financial losses (also called damages) after an accident or crash that wasn’t their fault, such as medical bills. A settlement specifies how much money the at-fault party should pay the injured person, which is typically paid out through an insurance policy.

What Can Pedestrian Accident Settlements Pay For?

Your attorney will examine your costs and any losses you may have in the future and use them to calculate how much money you can request from the at-fault party’s insurance company based on the costs you need to cover.

Those costs usually fall into two categories:

  • Economic damages are measurable, financial costs related to the accident, including medical bills, lost wages, and medications.
  • Non-economic damages are more subjective but cost you in quality of life, such as pain and suffering, emotional distress, and loss of opportunity.

Occasionally, settlements also include a third category called punitive damages. Punitive damages are rare, generally reserved for cases of serious recklessness, such as drunk driving. The purpose is to punish the at-fault party and discourage the behavior in the future.

What if the Injured Person Was Party to Blame for the Accident?

Texas uses the rule of comparative negligence (also called proportionate responsibility). This means that if an injured person bears any responsibility for the accident and their resulting injuries (according to the police report and investigation), they can still recover a settlement. However, the settlement amount may be reduced by the percentage of their fault.

If the insurance representative suggests that, for instance, because you were still in the intersection when “do not cross” light appeared, or you were “jaywalking” in a residential neighborhood where you live when you were hit, that you aren’t eligible to collect any compensation, this simply isn’t true. These factors might make your case more complicated, but they don’t erase your options.

In these difficult situations, it’s in your best interest to contact an attorney as soon as you can. They can help you logically assess the situation, understand your legal options, and make a plan that protects your future. In particular, they can help you navigate your claim if you’re being blamed for the crash that hurt you.

What Is the Average Settlement for a Pedestrian Hit by a Car?

The truth is, average case amounts can be misleading. Every case is different, and what’s considered a “good” settlement depends on your unique individual factors:

  • The specific injuries and past, present, and future medical treatment
  • How much income was and will be lost because of the injuries
  • Physical pain and how it impacts the person’s daily life
  • Emotional distress and how it impacts a person’s daily life
  • The limits of relevant insurance policies

However, because pedestrians don’t have the protective body of a car to reduce the impact of the crash, it’s not unusual to have extensive injuries and sky-high medical bills as a result.

So, if the person who hurt you doesn’t have enough insurance to cover your costs, you and your lawyer will need to investigate other sources of compensation. Not only do they handle the paperwork and red tape—they know how to negotiate with the insurance companies, and often involve medical and accident reconstruction experts to build a strong case.

Will Adams Law Firm Brings Experience When Handling Pedestrian Accidents

At Will Adams Law Firm, we’ll put our experience with pedestrian accidents and personal injury cases to work for you. Katy is our hometown, and we care deeply about the people who live here. When you or someone you love faces the aftermath of car accident injuries, it’s an honor to be part of the team that helps you rebuild your life.

To schedule your free consultation, please call our office at (281) 371-6345 or use the simple contact form on our website. We look forward to hearing from you!

References

Pedestrian safety. (n.d.). Texas Department of Transportation. Retrieved from https://www.txdot.gov/inside-txdot/division/traffic/safety/share-road/pedestrians.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Do I Have a Concussion From My Car Accident?

concussion car accident settlementConcussions, a type of mild traumatic brain injury (TBI), are the most common of all brain injuries to happen during a car accident. Concussions can vary from mild to severe and are one of the highest leading causes of TBI-related hospital visits and death. It is important to be able to recognize and understand the symptoms and consequences of concussion, so you can be sure to get the attention you need quickly after your accident.

Will Adams Law Firm recognizes how serious concussions can be to those who suffer them during car accidents, and our experienced team of Katy, Texas car accident lawyers are here to help. In this article, we will cover what a concussion is, the symptoms, and what you should do after you receive one from experiencing a car crash.

Concussions: A Mild Traumatic Brain Injury

concussion car accident settlementHead injuries are common in car accidents, especially seemingly “minor” car accidents, like after getting rear-ended. What many people don’t realize is that a concussion is actually a mild traumatic brain injury. They’re that is caused by a blow to the head, which causes the brain to hit against the sides of your skull. The sudden impact causes the brain to be violently shaken inside the skull, which can cause bruising, bleeding, and tearing of nerve fibers.

Although it is common for people who suffer concussions to lose consciousness after the initial blow, a loss of consciousness is not necessarily a requirement for a concussion. Mild concussions often don’t cause a loss of consciousness and can still lead to long-term consequences if not addressed.

Symptoms of a Concussion

The symptoms of a concussion can vary, depending on how serious of a concussion you have experienced. Concussion symptoms do not always appear immediately after experiencing a head injury, even in car accidents. Many concussions symptoms aren’t obvious until hours or days after the head injury occurs.

If you or someone you love have experienced head injuries after a car crash, understand the most common symptoms of a concussion.

Common Symptoms of a Concussion After a Car Crash

A car accident is a traumatic event that can subject the human body to violent, sudden forces. One of the most common injuries sustained in these incidents is a concussion, a type of mild traumatic brain injury (mTBI) caused by the brain shaking inside the skull. Because the brain is the control center for the entire body, the symptoms can be diverse, affecting everything from your physical balance to your emotional stability. Understanding these symptoms is crucial for ensuring you receive the proper medical care and support during your recovery.

Loss of Consciousness

While many people believe you must “black out” to have a concussion, this is a common misconception. However, losing consciousness for even a few seconds after a car crash is a significant indicator of a brain injury. If you do lose consciousness, it suggests that the impact was strong enough to temporarily disrupt the brain’s normal electrical activity. Whether the blackout lasts for seconds or minutes, it is a medical emergency that requires immediate evaluation to rule out more severe issues like brain bleeding or swelling.

Memory Loss Before or After the Accident

Memory issues, or amnesia, are hallmark signs of a concussion. This can manifest in two ways: retrograde amnesia, where you cannot remember the moments leading up to the crash, or anterograde amnesia, where you struggle to form new memories immediately following the event. You might find yourself asking the same question repeatedly or forgetting how you got to the hospital. This happens because the trauma disrupts the hippocampus and other areas of the brain responsible for processing and storing information.

Headaches or Worsening of Migraines

The most frequently reported symptom after a concussion is a persistent headache. For some, this feels like a dull pressure or a “tight band” around the head. For those who already suffer from migraines, a car accident can cause these episodes to become more frequent, intense, or resistant to usual medications. These “post-traumatic headaches” can start immediately or develop several days after the collision as inflammation in the brain sets in.

Trouble Sleeping and Fatigue

A concussed brain has to work significantly harder to perform basic tasks, leading to profound exhaustion. You may find yourself needing to sleep ten or twelve hours a day, yet still feeling drained. Conversely, some patients experience insomnia or disrupted sleep patterns because the injury has affected the brain’s internal clock or “circadian rhythm.” Quality sleep is the primary way the brain heals, so any significant change in sleep habits should be monitored closely.

Nausea and Vomiting

Shortly after a crash, the sudden movement of the brain can affect the vestibular system, which controls your sense of balance and spatial orientation. This often results in waves of nausea or even bouts of vomiting. While nausea can sometimes be attributed to the general shock or adrenaline of an accident, persistent vomiting is often a “red flag” symptom that indicates the brain is under significant stress and needs urgent medical attention.

Mood Changes and Irritability

Brain injuries don’t just affect how you think; they affect how you feel. It is very common for concussion patients to experience sudden shifts in mood. You might find yourself becoming angry over small inconveniences, feeling uncharacteristically anxious, or experiencing bouts of depression. These emotional changes are often neurological, meaning they are a direct result of chemical imbalances caused by the injury rather than just a reaction to the stress of the accident.

Disorientation and Confusion

In the wake of a concussion, many people describe a feeling of “brain fog.” You might feel as though the world is moving too fast or that you are viewing life through a thick veil. This disorientation can make it difficult to follow conversations, understand directions, or perform basic daily routines. This “slowness” is a sign that the brain’s processing speed has been compromised by the trauma.

Sensitivity to Light and Sound

A concussion can make the brain hyper-reactive to external stimuli. Common environmental factors like bright sunlight, fluorescent office lights, or the sound of a television can become physically painful. This is known as photophobia (light sensitivity) and phonophobia (sound sensitivity). Many patients find relief only by staying in dark, quiet rooms, which is often recommended during the initial “brain rest” phase of recovery.

Inability to Concentrate

Tasks that were once easy, such as reading a book, replying to an email, or balancing a checkbook, can become monumental challenges after a concussion. You may find your mind wandering or realize you’ve read the same paragraph five times without absorbing any information. This lack of concentration is due to the brain’s reduced ability to manage “executive functions” while it is trying to repair damaged neural pathways.

Lack of Coordination

Because the brain coordinates all muscle movements, a concussion can make you feel clumsy or “off-balance.” You might stumble while walking, have trouble picking up small objects, or experience dizziness when standing up quickly. This lack of coordination is often linked to disruptions in the inner ear and the parts of the brain that process visual and physical balance.

Out of the Ordinary Behavior

Sometimes, the person who suffered the concussion is the last one to notice the changes. Family members or friends might observe that the victim is acting “unlike themselves.” This could include being unusually quiet, acting impulsively, or losing interest in favorite hobbies. These behavioral shifts are significant indicators that the frontal lobe, which governs personality and impulse control, may have been affected.

Blurry Vision

Visual disturbances are common when the brain’s visual processing centers are disrupted. You might experience blurry vision, double vision, or find it difficult to focus on objects near or far. This can lead to secondary symptoms like eye strain and increased headaches. Because vision is so integrated with balance, these visual issues often contribute to the feeling of dizziness or lightheadedness.

Persistent Symptoms Could Be a Sign of Post-Concussion Syndrome

Post-Concussion Syndrome (PCS) is a condition that occurs when concussion symptoms last longer than the normal recovery time. Typically, most people begin to see a significant reduction in symptoms within about two weeks of the initial injury. However, the brain’s healing process is not always linear.

If your symptoms—such as headaches, dizziness, or cognitive difficulties—last longer than a month or two, your doctor may diagnose you with PCS. It is important to understand that PCS is not necessarily a sign of a more “severe” initial injury, but rather an indication that the brain is struggling to return to its baseline state. PCS is not uncommon, especially after high-impact events like car crashes. It is vital to be aware of your symptoms and communicate with your doctor often about your condition. Early intervention, including physical therapy or cognitive rehabilitation, can make a significant difference in long-term outcomes.

Persistent Symptoms Could Be a Sign of Post-Concussion Syndrome

Post-Concussion Syndrome (PCS) is a condition that occurs when concussion symptoms last longer than the normal recovery time. Typically, Post-Concussion Syndrome takes about two weeks to recover from concussion symptoms. However, if symptoms last longer than a month or two, then you doctor may diagnose you with PCS. PCS is not uncommon, so it is important to be aware of your symptoms and communicate with your doctor often about your condition.

What to Do After Suffering a Brain Injury or Concussion After a Car Crash

concussion from car accidentSerious motor vehicle accidents can be disorienting and stressful, which can leave you unsure of what to do next. It is important that you act quickly and safely after your serious car accident to ensure your health and safety.

Seek Medical Attention

Even if you do not show symptoms right away, it is important to seek immediate medical attention to see if you have a mild brain injury. When you’re in the emergency room or urgent care, insist on receiving tests to identify a potential concussion. Your primary care physician can run more in-depth tests such as MRIs or CT scans to see if you have experienced a brain injury.

Gather Evidence of Your Car Accident and Concussion Injuries

Having as much documentation as possible will not only help to strengthen your insurance claim, your injury case as well.

If safe to do so, take photos of your accident from many angles. Take down the name and contact information of the other people involved in the crash. Call the police and ask for a copy of their police report. Also, be sure to get documentation from any emergency room visits, doctor’s diagnoses, or other medical treatment.

The insurance company will require you to prove a causal relationship between your car accident and your traumatic brain injury, so make sure you get proof of that connection from your doctor. This includes medical records, medical bills, and other notes. If you need help gathering these documents, your attorney can help you collect them.

Follow Your Treatment Plan

Insurance companies will want to see proof that you are actively following your doctor’s prescribed treatment plan to grant your insurance claim. Not following your plan could be detrimental to your health and your case.

File a Claim With the Relevant Insurance Companies

Filing an insurance claim with the at-fault driver’s insurance company is one way many injured people choose to recover financial compensation after a crash. However, because Texas is a no-fault state, you also have the option to file a claim with your own Personal Injury Protection (PIP) insurance policy, as well as any other parties that may have played a role in the crash, such as the manufacturer of defective brakes, or the property management company who failed to maintain a parking lot.

Call an Experienced Car Accident Lawyer

Hiring a car accident lawyer, like the team at Will Adams Law Firm, can help you navigate life after a crash. We know how to identify every source of compensation, so you don’t have to worry about paying for someone else’s mistake. Additionally, our team of experienced attorneys knows how to calculate the value of the evidence you’ve gathered so you can demand a fair settlement, can help to organize your medical bills, and navigate you through the claims process. With a legal team on your side, you can trust that someone will stand up for you and demand accountability and fair treatment.

If you or someone you love has been injured or suffered a concussion, our team is ready to hear from you. We offer complimentary consultations so you can share your story and learn about your options for free, and at no risk to you.

Will Adams Law Firm: Here to Help with Your Concussion or Traumatic Brain Injury Claim

If you or a loved one have suffered a concussion or any other traumatic brain injury in a car accident in the Greater Katy area, please reach out to the Will Adams Law Firm today for a complimentary consultation. We are here to learn the details of your case and provide an honest assessment of your legal options. Our team of attorneys have years of experience and provide an effective and empathetic approach with every client.

To receive your complimentary consultation, please contact us today by calling (281) 371-6345 or completing this brief form.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Texting and Driving in Texas: What Injured People Need to Know

Texting and driving is not just a teen problem. As workplaces trend toward more remote work and social media’s influence grows, many people find themselves answering emails, scrolling through TikTok, or sending messages as they drive.

Even though car manufacturers are finding ways to integrate safer cell phone usage into car designs, hands free technology doesn’t eliminate the risk completely. In 2020, there were nearly 3,500 distracted driving accidents in Texas that were caused by drivers using a cell phone; over 50 of those accidents were fatal. Unfortunately, these numbers are likely much higher, simply because proving that someone was texting and driving can be so challenging.

Since distracted driving is so common, we’ve broken down Texas texting and driving laws, and what you should do if you’ve been hit by a distracted driver. Keep reading to learn more.

What Laws Govern Cases of Texting and Driving in Texas?

Texas has implemented several strict statutes to combat distracted driving, primarily focusing on the use of wireless communication devices. Understanding these laws is essential for any motorist traveling through the Lone Star State to ensure both safety and legal compliance.

The Statewide Ban on Texting

The cornerstone of Texas distracted driving legislation is Texas Transportation Code § 545.4251

Enacted through House Bill 62 in 2017, this statute created a statewide ban on using a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle.

The law defines an “electronic message” broadly, encompassing text messages, instant messages, and emails. Crucially, the prohibition applies only when the vehicle is in motion; motorists are technically permitted to text if the vehicle is completely stopped, such as at a red light or in a parking lot. Violations of this section are considered misdemeanors, with fines ranging from $25 to $99 for a first offense and up to $200 for subsequent convictions.

Restrictions for Novice and Minor Drivers

Texas law imposes even stricter regulations on younger drivers under Texas Transportation Code § 545.424. This statute prohibits any person under the age of 18 from using a wireless communication device in any capacity while operating a vehicle, regardless of whether they are using a hands-free system.

Furthermore, new drivers with a learner’s permit are prohibited from using handheld cell phones entirely during the first six months of their driving privilege. These measures are designed to ensure that inexperienced drivers remain fully focused on the road during their most vulnerable learning period.

Protection for School Zones and Buses

Safety in areas with high pedestrian traffic, particularly children, is addressed under Texas Transportation Code § 545.425

This law forbids all drivers from using a handheld wireless communication device while driving through a school crossing zone when a reduced speed limit is in effect, unless the vehicle is stopped or the driver is using a hands-free device.

Additionally, school bus operators are strictly prohibited from using a wireless communication device while driving if a minor passenger is on board, unless the bus is stopped. This serves as a critical safeguard for students relying on public transportation.

Enhanced Penalties for Serious Accidents

While most texting and driving violations result in simple fines, the legal consequences escalate dramatically if the distraction leads to a collision. According to § 545.4251(f), if a driver causes the death or serious bodily injury of another person while violating the texting ban, the offense is elevated to a Class A misdemeanor.

A Class A misdemeanor conviction can lead to a fine of up to $4,000 and confinement in jail for up to one year. Furthermore, such actions may form the basis for civil liability or even more severe criminal charges, such as Manslaughter under the Texas Penal Code, depending on the level of recklessness involved.

Legal Defenses and Exceptions

The law does provide specific exceptions where the use of a device is permitted. Drivers may use their phones to report illegal activity, summon emergency help, or enter information into a navigation or GPS application. Additionally, using a device to play music or communicate via a hands-free system is generally allowed for adult drivers, provided they are not in a restricted zone.

Understand Texas Texting and Driving and Distracted Driving Laws

According to Texas law, texting while driving includes any time a vehicle “operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.” This means that reading or writing electronic messages of any kind behind the wheel—emails, text messages, Slack messages, Instagram DMs—is illegal while the car is moving.

However, it’s not entirely illegal to use electronic devices behind the wheel. Drivers can use a navigation system or GPS (global positioning system) or talk on the phone while the car is in motion. They can also read, write, and send electronic messages while the car is stopped under Texas law.

The exception to these distracted driving laws is that no handheld phone use is permitted while in school zones, or if the driver is either under 18 years old or has their learning permit.

What Should I Do After a Distracted Driving Car Accident?

If you’ve been involved in a crash with someone who was distracted while driving, there are steps you can take to protect your claim, your case, and your future. Here’s what to do.

Call the Police and First Responders

After a crash with a distracted driver, call the police as soon as you can and wait for them at the scene of the crash. If anyone is hurt, call 9-1-1 and request an ambulance. When a police officer arrives, comply with their instructions, and let them know everything that happened—including that you think the other driver was on their cell phone.

A police officer is not allowed to seize or search the other driver’s cell phone based off your suspicions, but they can include this information in the police report for official records.

Collect Evidence at the Scene of the Crash

Collecting evidence at the scene of the crash can help your case if you suspect the other person was driving. If it’s safe, and you’re able:

  • Take pictures of the crash scene (a cell phone camera is fine)
  • Get the contact information of any eyewitnesses
  • Swap names, contact information, and insurance details with the other driver, being careful not to apologize or make other statements that could jeopardize your case later.

You should only try and collect evidence if it’s safe to do so. Getting a few cell phone photos isn’t worth it if means further risking your health and safety.

Get Medical Attention

You should always get medical help after a car crash, no matter the severity of your injuries. A doctor can help you identify hidden injuries, treat your wounds, and get you on a good path to healing. Plus, the medical records from your visits can be used as evidence in your insurance claim or lawsuit.

Call a Distracted Driving Accident Lawyer

Hiring an injury lawyer after a car crash that wasn’t your fault is a good idea for many reasons. If the driver who hurt you was texting and driving, your attorney can help you obtain and preserve their cell phone records to prove their distraction caused the crash.

In an auto accident case, it can be extremely difficult—if not impossible—to get these cell phone records without the help of a distracted driving accident attorney. A personal injury attorney has the power to serve both the driver and the driver’s cell phone company with a subpoena to obtain their cell phone records from the day of the crash. They can also issue a preservation letter to demand the offending driver keep logs of cell phone calls and text messages, meaning that if they delete texts, they could be guilty of destroying evidence.

If you or a loved one has been injured in a car crash involving distracted driving, you should connect with a law firm that knows how to handle complex personal injury cases as quickly as possible. Your legal team can help you understand your options, spearhead your legal efforts (including filing a personal injury claim against the relevant insurance companies), and support you as you recover.

Injured in a Distracted Driving Crash? Call the Car Accident Lawyers at Will Adams Law Firm Today

Will Adams Law Firm has over 25 of experience helping injured Texans achieve favorable results after car accidents and accident claims—including distracted driving accidents. As Katy, Texas, natives, we are passionate about making our community a safer place by holding distracted drivers accountable for their harmful actions.

If you were injured in a distracted driving accident that wasn’t your fault, you spend the rest of your life paying for someone else’s mistake. To learn more about your options, rights, and what to do next in your personal injury claim, contact Will Adams Law Firm at (281) 371-6345 or fill out our online form to schedule a complimentary case evaluation with one of our car accident lawyers.

References

Texas Department of Transportation. (2020). Crash Contributing FactorsRetrieved from https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2020/21.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Go Local: Why Hiring a Katy Car Accident Lawyer Matters

Local Personal Injury AttorneyHere’s the scene: You’ve been injured in a car accident that wasn’t your fault, and you’ve decided you need legal advice and legal representation from a personal injury attorney.

But which auto accident law firm should you call for help? If you’ve been injured in an accident near Katy, TX, you’ll have no shortage of options—including major, statewide firms based in Houston, Dallas, and elsewhere.

While it’s true that any car accident lawyer with a Texas license is eligible to handle your personal injury case, there are some significant advantages to hiring a local firm. In this blog post, we’ll explore how hiring a Katy car accident lawyer can make a difference for you.

A Local Personal Injury Attorney Knows the Local Court System and Law Enforcement

There are almost 500 trial courts in the state of Texas, including 59 in Harris County alone—and 24 of which focus primarily on civil matters. And each one of them has a different judge.

When you hire a local Katy attorney to represent you, that lawyer is much more likely to have direct working experience with the judge who will be hearing your case, as well as local knowledge of any local court rules or procedures. They’re also more likely to be familiar with the opposing lawyer, the local law enforcement agency, and possibly even the insurance company adjuster.

This experience can help ensure your car accident case keeps moving forward smoothly, and your attorney can make more informed decisions about how best to present and argue your case.

A Local Attorney Has a Reputation in the Community

A local attorney who is familiar with the court, judge, opposing attorneys, and insurance adjusters in the area will probably have a reputation with them as well.

Of course, if they have a poor reputation, that’d be a problem. But if you go with an experienced and respected Katy car accident lawyer, like the team at Will Adams Law Firm, their firm reputation can be a huge asset to your case.

If your attorney has a solid reputation for being a great negotiator, unafraid to take insurance companies to court, and a solid track record of success, that may well influence the kinds of settlement offers the insurance company is willing to make. It can also mean negotiations go smoother and the case settles faster.

While we cannot promise a specific outcome and each case is unique, in our experience, hiring a lawyer with strong local reputation is almost always a benefit in car accident cases.

Local Attorneys Know What Local Resources Are Available

Building a strong car accident case requires a lot of legwork, and a lot of conversations with local experts and professionals.

An experienced Katy car accident attorney who has years of experience practicing in the area will have strong relationships with local hospitals and doctors, medical examiners, accident recreationists, and other local resources and expert witnesses.

That means your lawyer is in a better position to connect you with the right medical specialists to care for your injuries and provide an accurate account of how much money your injuries are likely to cost over the long term. It also means your lawyer will probably have an easier time connecting with eyewitnesses who saw the accident and expert witnesses who know the local roadways and terrain.

Having a lawyer with local knowledge can be handy for other reasons, too. For example, your lawyer may be able to recommend support groups, home care agencies, and other resources that can help you through your recovery—whether they are directly relevant to your injury claim or not.

A Local Attorney Is More Accessible to You

In the digital (and post-COVID) age, new communication tools have made it easier than ever to communicate over long distances.

But when you’re injured, having a personal injury attorney who is close by and available for in-person visits can be a huge relief. It can also make certain conversations and meetings easier, more efficient, and more comfortable when everyone is in the same room.

Our Katy clients value being able to meet in person on relatively short notice, especially those whose injuries have limited their mobility. Our office is conveniently located on Cinco Ranch Boulevard off Texas Highway 99 in Katy, Texas, just 30 minutes outside of Houston.

Bigger Isn’t Necessarily Better

Some huge personal injury law firms employ dozens, if not hundreds of car accident lawyers. While you might be tempted to think that bigger is usually better—especially if you have a particularly complex or potentially high value case—the truth is that you don’t necessarily get better lawyers or better service by choosing a bigger firm for your personal injury case.

When you go with a smaller firm local to your area, there’s a much better chance that you’ll be able to speak directly (and as often as you need to) with the auto accident attorney who is directly working on your case. Plus, caseloads are usually smaller at a local personal injury law firm, so a local attorney is often able to provide much more personal attention to their clients—and that can make a huge difference in your client experience.

If You Have Questions, Request a Case Evaluation With a Local Attorney

If you have questions about an attorney’s success rates, ability to handle your case, or anything else related to your claim, don’t hesitate to request a complimentary consultation. During this free, confidential meeting, you can get to know your potential legal team and learn more about how their locality can help you recover. At Will Adams Law Firm, these consultations are always free, private, and come with no strings attached.

What Are Recoverable Damages in Katy, TX Car Accident Claims?

If you are involved in a car accident in Katy, Texas, you can pursue compensation for various losses. Recoverable damages generally fall into three categories: economic, non-economic, and punitive. Economic damages cover measurable financial costs like medical bills and lost wages, while non-economic damages address intangible harm like pain and suffering. Texas follows a modified comparative negligence rule, which may limit your recovery if you are partially at fault for the crash.

Economic Damages

Economic damages are the most straightforward part of a car accident claim because they represent “out-of-pocket” expenses. These are tangible financial losses that can be proven using receipts, invoices, and pay stubs.

In a typical Katy car accident case, these damages include:

  • Medical Expenses: All past and future costs, ranging from emergency room visits and surgeries to physical therapy and prescription medications.
  • Lost Wages: Compensation for the time you missed from work while recovering from your injuries.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your previous career or working at all.
  • Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the collision.

Non-Economic Damages

Non-economic damages are more subjective because they do not have a fixed price tag. These are intended to compensate you for the physical and emotional toll the accident has taken on your life.

In Texas, these intangible losses often include:

  • Pain and Suffering: Compensation for the actual physical discomfort and distress caused by your injuries.
  • Emotional Distress: Addressing mental health impacts like anxiety, depression, or PTSD resulting from the crash.
  • Loss of Enjoyment of Life: For victims who can no longer participate in hobbies, family activities, or social events.
  • Disfigurement and Impairment: Compensation for permanent scarring or physical limitations that change your daily routine or self-image.

Punitive Damages

Also known as “exemplary damages,” punitive damages are not meant to compensate the victim. Instead, they are designed to punish the at-fault party for especially dangerous behavior and to discourage others from acting similarly.

These are relatively rare and are typically only awarded in cases involving:

  • Gross negligence
  • Malice
  • Fraud

For example, if a driver was significantly intoxicated or racing another vehicle, a jury might award punitive damages. In Texas, there are legal caps on these awards, generally tied to the amount of economic and non-economic damages already granted.

Modified Comparative Negligence

Texas follows a “modified comparative negligence” rule, often called the 51% bar. This rule dictates how your level of responsibility affects your payout:

  • Under 51% at Fault: You can still recover damages, but your total compensation is reduced by your percentage of fault. (e.g., $100,000 award minus 20% fault = $80,000 payout).
  • 51% or More at Fault: You are legally barred from recovering any damages from the other party.

Insurance companies often try to shift blame onto victims to reduce their liability, making evidence like police reports and witness statements vital.

Statute of Limitations in Texas

It is important to act quickly after a car accident in Katy. Under Texas law, the statute of limitations for personal injury claims is generally two years from the date of the accident.

Key reasons to act early include:

  • Legal Deadlines: If you do not file a lawsuit within this window, you lose your right to seek compensation in court.
  • Evidence Preservation: Memories fade, and physical evidence from the scene or the vehicles can disappear over time.
  • Early Investigation: Consulting with a legal professional early ensures all potential sources of recovery are thoroughly investigated.

Will Adams Law Firm: Katy Car Accident Lawyers Fighting for the Injured

For more than 25 years, the Will Adams Law Firm has helped the injured in the Greater Katy area recover fair compensation after motor vehicle accidents—including several multi-million dollar cases. Will and Tad Adams are deeply committed to the community, and have spent the last 40 years living, working, and raising their families in Katy.

If you live or work in Katy, TX and were injured in a car accident that wasn’t your fault, contact our office today for a complimentary case evaluation. You could be entitled to compensation for your medical bills, lost wages, pain and suffering, and more. But if you don’t know your legal rights, you could end up making preventable mistakes or settling with the insurance company for far less than your case is worth.

Our attorneys work on a contingency fee basis, meaning you will never pay out of pocket unless we help you recover a settlement or win at trial. We treat every client with empathy and compassion and work tirelessly to hold the insurance companies accountable and win the best possible result for the people we serve. Call us today at (281) 371-6345 or complete our simple online form to request your free consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

What Happens if a Car Hits a Pedestrian in Texas (and How Much Is My Case Worth)?

pedestrian accident liabilityPedestrian accidents are highly likely to be catastrophic—even at relatively low speeds. Out of 4,844 car-pedestrian accidents in Texas in 2020, at least 1,107 involved confirmed serious injuries, such as broken bones, traumatic brain injuries, or disfigurement. At least 719 resulted in a fatality.

If you’ve been hurt in a pedestrian accident, or someone you love has been hurt or killed, you may be entitled to significant compensation for your losses. However, navigating the laws surrounding pedestrian accidents and calculating a “fair” settlement isn’t always a straightforward process. And if your losses are severe, the last thing you’d want is to settle for an amount that’s far from adequate to meet your long-term needs.

In this blog post, we’ll take a close look at how the law treats car-pedestrian accidents, what kind of compensation you could receive, and why hiring a personal injury attorney can help protect your rights and maximize your settlement or verdict.

Pedestrian Accident Claims in Texas: Who Pays?

what happens if a car hits a pedestrianIn Texas, filing an insurance claim as an injured pedestrian—and the types of insurance available to cover your damages—is very similar to those who are involved in more traditional two-car accidents.

Since Texas is a tort state, the at-fault party bears the primary responsibility for paying medical expenses, wage losses, pain and suffering, and any other applicable damages related to the crash. If you were a pedestrian hit by a car, and the accident was not your fault, you would typically file a claim against the at-fault driver’s insurance company.

However, this is not the end of the story for many pedestrians. If the driver is uninsured (which is true for around one in six Texas drivers) or you’re the victim of a hit and run, there’s no source of liability insurance for you to make a claim against. And even if the driver is insured, Texas only requires a minimum of $30,000 in liability coverage per person (or $60,000 total for an auto accident with multiple victims). Since pedestrian accidents are often severe or fatal, this figure may be woefully inadequate to cover your damages.

Fortunately, there are other potential sources of insurance you may be able to turn to. If you have uninsured and underinsured motorist coverage (UI/UIM) or personal injury protection (PIP) on your own auto insurance, these policies could apply to your situation even though you weren’t in your car when the accident occurred.

A pedestrian accident attorney can help you identify all potential sources of insurance coverage so that you can receive the largest settlement possible.

Can a Pedestrian Be at Fault in an Accident in Katy, TX?

In the aftermath of a collision between a vehicle and a person on foot, there is a common misconception that the driver is always 100% liable. Because pedestrians are so vulnerable compared to several tons of steel and glass, public perception often swings toward the motorist being the sole “at-fault” party. However, under Texas law, the reality is more nuanced. In Katy, Texas, a pedestrian can indeed be found partially—or even primarily—at fault for an accident.

Understanding Texas Liability Laws

Texas operates under a legal doctrine known as modified comparative negligence, often referred to as the “51% bar rule.” This means that in any personal injury case, the court or insurance adjusters will assign a percentage of fault to every party involved.

If a pedestrian is found to be 20% at fault for an accident, their financial recovery will be reduced by 20%. Crucially, if the pedestrian is found to be 51% or more responsible for the incident, they are legally barred from recovering any compensation from the driver at all.

Scenarios Where a Pedestrian May Be Held Liable

While drivers have a “duty of care” to avoid hitting anyone on the road, pedestrians also have a legal responsibility to follow the Texas Transportation Code. A pedestrian in Katy might be held liable if they:

  1. Fail to Yield Right of Way: While pedestrians often have the right of way at marked crosswalks, they do not have a universal “free pass” to enter the road whenever they wish. If a pedestrian steps into the street when a “Don’t Walk” signal is active, they are violating traffic laws.
  2. Jaywalking: Crossing the street between two intersections with traffic signals (rather than at the corner) is a common cause of accidents. Drivers do not expect people to emerge from between parked cars in the middle of a block.
  3. Sudden Movement into Traffic: Even at a crosswalk, a pedestrian cannot suddenly leave a curb and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield. This is often seen in cases involving intoxication or extreme distraction (such as looking at a smartphone).
  4. Walking in Restricted Areas: Certain high-speed roadways or construction zones in the Katy and Greater Houston area are strictly prohibited for pedestrian travel for safety reasons. Being in these areas significantly shifts the burden of liability onto the pedestrian.

The Role of Shared Responsibility

In many Katy accidents, fault is shared. For instance, a pedestrian might be jaywalking (25% at fault), but the driver who hit them may have been speeding or texting (75% at fault). In this scenario, the pedestrian could still recover 75% of their damages.

Because Katy is a rapidly growing area with a mix of quiet suburban streets and high-traffic thoroughfares like I-10 and the Grand Parkway, these accidents are complex. Factors like lighting, weather, and camera footage from nearby businesses often play a role in determining the final “fault percentage.”

How Texas Law Affects Your Pedestrian Accident Case

Texas is a modified contributory negligence state. You can only recover financial compensation to cover your losses if you’re found to be 50% or less at fault for the accident. Furthermore, the amount of damages you can recover are reduced by your share of fault. For example, if you’re claiming $100,000, and a jury finds you 25% responsible, you can only recover $75,000.

Personal injury cases where fault is shared or unclear are frequently contentious and often take longer to resolve. Working with an experienced personal injury lawyer can help you protect your legal rights and work toward a fair resolution.

What Is an Average Settlement for a Pedestrian Hit By Car Accident?

Talking about average pedestrian accident settlement values isn’t really all that useful, simply because the range of possible outcomes is so vast. Every pedestrian accident case is unique, and the ultimate amount that the case will settle for is depending on a huge number of factors.

Some of the factors that go into calculating a fair settlement amount includes:

  • Your medical bills—both those you’ve already received, and those that you’re likely to receive in the future.
  • The total value of your projected lost wages, now and in the future.
  • Non-economic damages, such as pain and suffering or emotional distress. These are more likely to be added if your injuries have a significant, long-term impact on your quality of life and daily routine (for example, keeping you from enjoying hobbies or altering the nature of your previous relationships).
  • Punitive damages, if the driver engaged in especially reckless or malicious behavior like excessive speeding or driving drunk.

As discussed above, the size of your payout may also be limited by the percentage of fault that you share for the accident, as well as the combined policy limits of any insurance policy that is available to you.

Trying to calculate a fair settlement value without the help of an experienced attorney can be particularly difficult. While current medical bills are easy to calculate, future economic losses are uncertain, and pain and suffering losses are subjective.

If you accept a settlement offer, you will give up your right to negotiate or sue for more compensation later. For this important reason, making sure you’re getting a fair deal is extremely important. You don’t want to be in a position where your settlement check has run out but you’re still struggling with the consequences of your injury five or 10 years down the line.

What if a Loved One Was Killed in a Pedestrian Accident?

average settlement for pedestrian hit by carIf a pedestrian accident results in a fatality, close family members (or in some cases the estate of the deceased) may be able to file a wrongful death claim. In Texas, specifically, the spouse, parents, or children of the deceased are eligible to file together or separately. If none of these individuals file within three months, a case may be filed by the person representative (or executor) of the deceased’s estate.

Wrongful death cases are similar to personal injury cases in many ways. A wrongful death claim can include:

  • Medical treatment expenses incurred before death
  • Lost wages, earning capacity, or inheritance that the deceased would have been able to provide
  • Loss of care, guidance, or companionship
  • Pain and suffering experienced by loved ones of the deceased as a result of the death
  • Punitive damages

Again, while there’s no way to truly replace a loved one, calculating “fair” compensation for wrongful death under the law can be extremely difficult without an experienced wrongful death attorney to advise you.

What if the Accident Results in Criminal Charges?

Pedestrian accidents often lead to arrests and criminal charges or proceedings. This is true if the crash resulted in a death, or alcohol was involved.

It’s important to understand the criminal charges or trials are not related to civil proceedings, such as personal injury and wrongful death. Injured individuals or family members of the deceased receive no compensation for a criminal case. If you want compensation, you must file a civil lawsuit.

You should also understand that a verdict or guilty or not guilty in a criminal case does not necessarily guarantee the success or failure of a personal injury or wrongful death case. Again, these are separate kinds of cases tried in separate courts. The standard of proof is also different—in criminal cases guilt must be established “beyond a reasonable doubt,” whereas in civil cases the plaintiff must only prove that fault is more likely than not.

Will Adams Law Firm works exclusively with civil cases. We cannot help you with any criminal proceedings, but we can help you fight for fair compensation if you’ve been hurt by someone else’s negligence.

Hit By a Car? Let the Will Adams Law Firm Team Help

If you or a family member were hit by a motor vehicle as a pedestrian, you deserve experienced legal representation and a pedestrian accident lawyer who can help you navigate personal injury claims processes, negotiation with insurance company adjusters on your behalf, and fight for fair compensation—whether it comes through an injury settlement or a verdict at trial.

At a time like this, you should be focused on your health and recovery, and not on whether or not you’re getting a fair deal from the insurance company.

Our lawyers fight for seriously injured people throughout Texas and stand up for what’s right. Your case review is always free, and because we work on a contingency fee basis you never pay up front or out of pocket. If we do not recover a settlement or win at trial for you, there is no fee.

To request your free consultation, call us today at (281) 371-6345 or complete our simple online form.

References

Texas Department of Transportation (2021). Pedestrian and Pedalcyclist Injuries and Crashes 2020. Retrieved from https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2020/07.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Hit by a Drunk Driver? Here’s What to Do Next

drunk driving in texasDespite efforts to reduce driving under the influence, drunk driving in Texas remains a serious threat to people across Texas. In 2020 alone, there were 8,275 crashes linked to driving while intoxicated, 219 of which were fatal. If you or a loved one was involved in an auto accident with a drunk driver, you deserve to understand your legal options.

The team of accident lawyers at Will Adams Law Firm has over 25 years of experience handling all types of Texas personal injury cases, including drunk driving crashes. If you were hurt in an accident with a drunk driver, here’s what you should do next.

What Should I Do at the Scene of the Car Accident?

Drunk driving crashes are different from other types of crashes. Following these steps will help protect your case and your future.

Call 911

hit by a drunk driverOne of the first things you should do after a crash is to call the police. If you suspect that the other driver was driving while intoxicated, request that the responding officer performs a breathalyzer test. In Texas, a person is considered an impaired driver when their blood alcohol concentration (BAC) reaches 0.08%. It’s important to get this information on the spot and include it in the police report, as it can be difficult to prove later that alcohol was a factor in the crash.

If a medical emergency team arrives at the scene of the crash, allow them to treat you, even if you do not think you have serious injuries.

Take Photos of the Drunk Driving Accident

If it’s safe to do so, take photos to document as much as you can about the car crash. Any evidence from the scene is better than none, so photos taken using your cell phone camera will work just fine.

Include photos of the specific damage to your motor vehicle, the other car’s license plate, and a photo of the entire scene, and anything else that feels important.

Take Notes

You may be surprised at how quickly memories become hazy—even memories of traumatic events like car crashes! Write down all you can remember about the accident: where you were, what happened, and any damage or injuries that happened because of the crash. Be sure to take note of the at-fault driver’s insurance information. This will be essential to filing a claim against the other driver’s insurance.

Additionally, if there are any witnesses to the crash, ask for their account of the crash and write it down. It’s also wise to write down their contact information. This could be very important in the future to validate your account of the accident, especially when filing a claim.

What Should I Do After Leaving the Scene of the Drunk Driving Accident?

drunk driving in texasSee a Doctor

It’s easy to skip this step, but it’s one of the most critical. Some common collision injuries can take a few days to appear, and can be very serious such as internal bleeding or concussions. When you see a doctor after a crash, a doctor will know what to examine for common car crash injuries and can help to prevent or lessen any future pain and suffering from those injuries going undetected. Additionally, if you file a legal claim from the accident, having doctors’ notes and records of medical expenses will be helpful when it comes to proving that your injuries were a result of the accident.

Whether you have an injury immediately after the crash or not, pay attention to any physical symptoms in the days following the crash. Write them down in case an injury develops in the future. Your record of symptoms can help you to file a successful claim for any physical damages done in the crash.

Call a Texas Personal Injury Lawyer

Drunk driving is serious business—and you should not be responsible for the damage if you were not the one who caused it. Filing an insurance claim or lawsuit is a way to be compensated for your injuries, medical bills, damage, lost wages, and pain and suffering.

In general, insurance companies are extremely motivated to settle drunk driving cases outside of court (especially if there was a DUI or DWI conviction). This makes having a strong case even more critical, and the best way to build your case is by hiring an experienced personal injury attorney. When you have a skilled attorney on your side, your legal team can fight for fair compensation while you focus on recovery.

To make sure your accident case is receiving the respect, attention, and commitment it deserves, call a lawyer who focuses on personal injury and collision claims from Will Adams Law Firm.

If You’ve Been Hit By a Drunk Driver, Will Adams Law Firm is Ready to Fight for You

With more than 25 years of legal experience, Will Adams Law Firm is dedicated to supporting the people of the Greater Katy Area and throughout Texas. Our accident attorneys’ focus is on personal injury claims and we’re committed to holding wrongdoers accountable and ensuring that you aren’t burdened with medical bills for injuries that you did not cause.

Known for our meticulous eye for detail, commitment to excellence and respect for our clients, you can trust us to fight for you. If you’d like us to take a look at your case, we offer free consultations. All you have to do is give us a call at 1-800-559-0593, or fill out our contact form. 

We look forward to hearing from you!

References

Texas Department of Transportation. (2021). Crash contributing factors, 2020. Retrieved from https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2020/21.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

4 Signs You Have a TBI After a Car Accident

Experiencing a traumatic brain injury (TBI) in a car accident is a common occurrence. However, since many symptoms of TBI are relatively mild or innocuous, many people suffering with TBI aren’t even aware they’ve suffered a significant injury.

In this article, we’re going to discuss four of the most common signs of TBI so you or your loved ones can recognize the symptoms if you’re ever in a situation that calls for this sort of knowledge. We’ll also discuss next steps to take following a car crash and what you should do from a legal perspective.

Traumatic Brain Injuries Can Vary in Their Severity

TBI lawyerThere are multiple types of TBI that range in severity and prognosis. Concussions, for example, are a relatively mild brain injury—although they can result in severe post-concussion syndrome. On the other hand, many diffuse axonal injuries (DAIs) make it impossible to work or perform routine, daily tasks.

Your brain injury is as unique as you are. However, regardless of the severity of your symptoms, you should always seek immediate medical care—especially if you lost consciousness during the crash. Studies show that the sooner you get treatment for a TBI, the better your chances are of recovering some function.

Doctors typically categorize brain injuries into several different categories.

Mild TBI (Concussion)

A mild TBI, or concussion, is far and away the most common type of traumatic brain injury. Mild TBIs are usually caused by some sort of blunt force trauma to the head or an event that causes the brain to move quickly back and forth within the skull. This can lead to damaged brain cells and even chemical changes within the brain. As a result, people who have suffered one or more concussions often experience a change in their cognition, emotions, behaviors, and sleeping and eating patterns.

Diffuse Axonal Injuries (DAIs)

Less common than a concussion, these severe injuries involve damage to your brain’s delicate bundles of nerves, called axons. As your brain violently bounces off the wall of your skull, nerves are sometimes stretched, torn, or damaged. Unfortunately, your brain cannot process or transmit messages as easily with damaged axons.

Traditional MRIs sometimes cannot identify the subtle (but profound) damage of a diffuse axonal injury, making these cases difficult to prove—unless you have an experienced brain injury lawyer by your side.

Brain Contusions

Contusions are bruises, and you can severely bruise your brain during a car wreck. Unfortunately, a contusion can cause swelling and pressure in your brain, causing severe and permanent damage. However, other brain contusions are relatively minor, only causing symptoms like fatigue, poor concentration, and mental confusion.

Common Signs and Symptoms of TBI

Types of TBIIt’s important to note that everyone experiences TBI signs and symptoms in different ways. However, if you, a loved one, or another person involved in a car accident are experiencing any of the following signs of TBI, you should receive immediate medical attention.

1. Losing Consciousness

Losing consciousness following a significant head injury is a tell-tale sign that an individual has suffered a traumatic brain injury. In most cases, TBI victims are knocked out for less than five minutes, but in severe cases, they can lose consciousness for substantially longer. Brief or prolonged periods of amnesia immediately after a car crash are another common sign of TBI.

2. Disorientation and Memory Issues

Many TBI victims experience a temporary sense of disorientation following their injury. They often report feeling foggy and are unsure of where they are or what has just happened to them. And within the days and weeks following the initial injury, TBI victims often struggle with their short- or long-term memory and continue to feel a general sense of confusion.

3. Mood Swings

TBIs can cause major mental and emotional changes. Victims often report rapid and extreme mood swings that are characterized by feelings of depression and constant irritability. Other common mood issues include anxiety, tension, extreme worry, and difficulty coping at work, school, or with friends and family. These emotional issues can exacerbate other symptoms such as memory issues, lethargy, dizziness, and headaches.

4. Sleeping Issues

Many individuals who have suffered a traumatic brain injury often report a change in their sleep patterns. While some individuals find it difficult to fall or stay asleep, others sleep more than usual or experience excessive tiredness. People recovering from a TBI often report especially vivid dreams, night terrors, or a complete lack of dreaming.

How to Protect Your Health Following a TBI

Common Symptoms of TBIFirst and foremost, you should seek immediate medical attention following a car accident. A car crash often causes a major spike in adrenaline or even shock, which can camouflage symptoms of TBI and other injuries. So even if you don’t believe you’ve suffered an injury, you should visit the emergency room to rule anything out.

While every TBI will affect victims differently, there are steps you can take to preserve or even improve your health following one of these injuries.

  • Regular exercise: When feeling healthy enough, try to get at least 30 minutes of physical activity every day to increase blood flow and improve the health of your brain tissue. Even a light walk around the neighborhood can make a big difference.
  • Sleep routines: While it may be difficult to fall asleep or wake up and get out of bed, you should try to establish regular sleep routines for better focus and fewer mood issues. And forcing yourself to set a regular bedtime and waking time can lead to better sleep.
  • Avoid drinking and smoking: Drinking can worsen emotional issues following a TBI and negatively affect your sleeping habits. Smoking damages blood vessels, which could increase the risk of stroke following a TBI.
  • Stress management: Feeling easily overwhelmed and anxious can cause additional stress, which can exacerbate your symptoms and slow the healing process. Consider yoga, meditation, or speaking with a mental health professional to learn coping strategies to manage your stress.
  • Healthier eating: Trying to eat healthier with a good mix of fruits and vegetables is a good practice for everyone, regardless of their health status. But for people who have suffered a TBI, eating foods with lots of B vitamins and antioxidants can improve brain health and functionality.

Know Your Legal Options After a Car Accident-Related TBI

TBI legal optionsIf you’ve suffered a TBI or any other serious injury following a car accident with a negligent driver, you’re likely eligible for financial compensation from the insurance company. However, since many insurance adjusters attempt to convince victims to accept low-ball settlement offers, many individuals often take legal measures to recover compensation for their injuries, treatment, lost wages, and pain and suffering.

To help ensure a successful claim, you should document all noteworthy events related to the crash. Be sure to exchange information with the other driver(s) or pedestrian(s), as well as any witnesses to the crash. Take photos of the vehicles involved and the surrounding area, and be sure to file an official police report. Be honest and direct when receiving medical attention and after-care, and gather all medical documentation related to your injuries — this information could serve as valuable evidence at some point down the line.

You should pause your social media profiles throughout the legal process and ask your friends and family not to post or share anything related to your car accident or subsequent injuries. Insurance companies commonly enlist the services of private investigators and insurance defense lawyers, and these individuals scour the internet to find anything they can to twist the narrative and “prove” TBI victims are lying about or exaggerating their injuries. By eliminating your presence on social media, you eliminate the possibility of anything being misconstrued.

Finally, consult with an experienced brain injury lawyer. It can be difficult to prove a TBI claim and calculate your damages. An attorney can help you document your financial and emotional losses, connect you with experts (like neuropsychologists), and help you negotiate with the insurance companies.

Importantly, once you hire a personal injury lawyer, the insurance company and their lawyers cannot contact you directly. Instead, they must work through your lawyer. This can give you and your family some much-needed space and time to focus on your recovery.

Contact Will Adams Law Firm for Legal Help After a Car Crash

If you or a loved one have suffered a TBI or any other injury in a car accident with a negligent driver, please reach out to the Will Adams Law Firm today for a free consultation where we can learn the details of your case and provide an honest assessment of your legal options. Our attorneys and legal staff have years of experience and are dedicated to providing an effective and empathetic approach with every client.

To receive your free consultation, please contact us today by calling (281) 371-6345 or completing this brief form.

Don’t Ignore Shoulder Pain After a Car Crash

shoulder pain after car accidentUnfortunately, car crash shoulder injuries are all too common. A shoulder injury can disrupt your daily life and make it difficult to work, play, take care of your family, or even feel a sense of peace and happiness. However, waiting until the pain goes away isn’t always in your best interest.

Shoulders are incredibly complex regions of the body. They’re often difficult or slow to heal, even with medical attention. Skipping the doctor after a crash can lead to more pain, stress, and medical bills down the road, and it may even lead to a more difficult time filing a successful insurance claim.

Why Are Shoulder Injuries So Complicated?

The shoulder is one of our body’s most complex regions of the body where bones, ligaments, tendons, and muscles come together. While most people think of the shoulder as a single joint, it actually contains four different joints (sternoclavicular (SC), acromioclavicular (AC), and scapulothoracic joints, and glenohumeral). Some of its most important parts include:

  • Bones: the humerus (upper arm), clavicle (collarbone), scapula (shoulder blade), and other bones all are part of the shoulder’s structure.
  • Rotator cuff: a group of muscles and tendons that surround the shoulder, stabilizing the joint and contributing to its impressive range of motion. It includes your supraspinatus, infraspinatus, teres major, and subscapularis muscles.
  • Labrum: a cup-like structure that’s made of cartilage. It holds the humerus in place.

Will Adams Shoulder PainMany of the shoulder’s joints, especially its main ball-and-socket joint, are relatively loose. This lets the arm and shoulder move so freely, but also makes the region prone to injury.

Now, think about how often you use your shoulder. Whether you’re picking up a bag of groceries, brushing your hair, or reaching to open a door, you’re engaging the shoulder. When it gets injured, even a “minor” injury can disrupt your life and cause extensive pain and suffering.

Common Types of Shoulder Injuries

While many different injuries can happen in a crash, here are three common ones:

  • Whiplash after getting rear-ended: Whiplash injuries happen when your head suddenly snaps back and then forward, causing damage to the delicate soft tissue in your neck. In severe cases, the damage and pain can spread to other areas, like the shoulder.
  • Torn rotator cuff and other soft tissue injuries after a collision: Your rotator cuff connects your upper arm bone (the humerus) to your shoulder blade and keeps the bone in its socket. The rotator cuff is made up of a network of muscles and tendons, and they tear easily. For example, if your hands were on the steering wheel during impact with another vehicle, the force can cause your arm to jam into your shoulder socket, tearing the network of tissues that make up your rotator cuff. Other times, seat belts can cause shoulder damage.
  • Broken bones after impact: Having your car get struck by another vehicle can cause damage to the bones in your shoulder, causing fractures or breaks that take a long time to heal.
  • Traumatic shoulder dislocation: When you suffer a dislocation, the humerus’ head (the ball in the joint) comes out of the socket.
  • Herniated discs and other neck injuries: Sometimes, damage in the neck and back can cause shoulder pain. Nerves in our necks branch of into our shoulders and arms, and herniated discs and swelling can lead to muscle weakness and pain in the upper extremities.

While these three injuries are common after a wreck, they’re certainly not the only injuries that can happen to your shoulder. Nerve damage can increase your levels of pain, especially when you wait to address the injury.

It’s in your best interest to see a doctor after an accident who can accurately diagnose your injury and get you the care you need.

If You Were in a Crash, Don’t Wait to Get Medical Help

shoulder pain from car accidentIf you’re a typically healthy person, going to the doctor can feel like a chore. While you might be able to wait out a cold without medical attention, shoulder pain after a crash is different. It’s unlikely that many shoulder injuries will heal on their own, and even “minor” injuries like whiplash can disrupt and derail your life.

What’s more, in the stressful moments after a crash, your body’s natural stress response often masks the signs of severe injury and pain.

That’s why we always recommend that people who’ve been in car crashes get medical help whether they “feel” hurt or not—you just might be suffering from a hidden injury that will show up hours or days later. Many shoulder injuries require treatment, like anti-inflammatory medication, physical therapy, and even surgery. Getting help immediately reduces the likelihood that an injury will go unnoticed and get worse over time, saving you time, pain, and money.

In addition to helping you recover, there’s another good reason to go to the doctor right away after a crash—your car accident insurance claim or lawsuit. A successful claim needs evidence, and your word is not enough. Having medical records that detail the extent of your injuries (like x-rays, CT scans, MRIs, doctor’s notes, specialist consultations, and more) is crucial for getting the compensation you deserve after a crash.

To successfully litigate a car crash claim, you’ll need to prove that someone was negligent. That means you must show:

  • Someone violated their duty of care (like a driver’s duty to drive safely follow the rules of the road.
  • Their conduct caused your injuries.
  • You suffered damages, like medical bills, lost income, and pain and suffering, due to your injuries.

Your medical records are essential at steps two and three of this analysis, since they can link your shoulder pain to the crash and explain how your injuries have changed your life.

If You’re Struggling to Heal and Find Closure, Don’t Wait to Talk to a Personal Injury Lawyer

Car accidents can be some of the most traumatic events a person can experience. When you need to recover and heal after a crash, you shouldn’t have to use your valuable time and energy to convince the insurance company to pay out your claim. You deserve to focus on your recovery, especially when you’re dealing with painful, complex injuries like a torn rotator cuff.

This is where Will Adams Law Firm enters the picture. We know how difficult the recovery process can be after a crash. For decades, our team of personal injury attorneys has stood up for injured people so they can focus on what matters most—their recovery.

We carefully assess your case’s value, so you’re never cheated out of a fair settlement, take care of all the paperwork, handle negotiations and communications with the insurance company, and give you practical legal advice about what to do next.

Standing Up for Injured People in Texas and the Greater Katy Area

The Will Adams Law Firm team has over 25 years of experience standing up for people like you. We work tirelessly to hold the negligent accountable and protect injured people in the Greater Katy Area who have had their health, their future, and their lives stolen from them.

To speak with our team of personal injury lawyers in a complimentary case evaluation, call our office at 1-800-559-0593, or fill out our contact form.

We look forward to hearing from you!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Hurt in a Texas Car Accident? Here’s What to Do

Our community is all too familiar with car accidents. A car crash happens every 58 seconds in Texas—and someone dies in a fatal wreck every two hours and 24 minutes. Our state is home to some of the most dangerous highways in the nation, including I-10 and 99 the Grand Parkway, which run right through Katy.

While you can do your best to drive safely, you can’t always account for others’ reckless actions. When the unthinkable happens, you need to act quickly and protect your rights. In this article, we outline what you should do after a car accident and how our law firm can help.

Follow These Steps After a Car Accident in Katy, Texas

The moments after a crash, no matter how serious, are often filled with panic, pain, and confusion. We know how stressful navigating this situation can be, but you can take steps to protect yourself after a wreck.

1. Call 911 and Request Emergency Services

Once you’re out of harm’s way, call the authorities and let them know if someone’s injured. The 911 operator will send an ambulance and a police officer to the scene. The responding officer should create a crash report, which will be important to your case later.  If the officer declines or suggests you do not need a crash report, politely ask that he or she prepare one so that all drivers have a record of what happened.

2. Take Photos of the Crash (if it’s Safe to Do So)

Photos of the crash are valuable pieces of evidence. If it’s safe and you’re able, take as many pictures as you can of the damaged vehicles, their license plate numbers, the road, conditions, and anything else that seems relevant to the crash. These images can help your legal team fight for you later.

For example, an accident reconstruction expert can study images of skid marks, the positioning of the vehicles, and other crash scene details and pinpoint the likely causes of the car crash.

However, never put your life at risk to take pictures or video. There are other ways that our team can investigate crashes, using surveillance video, GPS and mobile phone data, telematic systems, and eyewitness and expert testimony.

3. Collect Other Evidence and Identify Witnesses

While photos will help your lawyer and their experts understand the circumstances surrounding your crash, there’s a lot more evidence at the scene of a crash. If possible, start taking notes right away. You should write down the following information:

  • The name of the responding officer and their badge number
  • Names of any eyewitnesses who stopped at the scene of the crash (and their phone numbers)
  • Information about the at-fault driver’s insurance company

While you should never move evidence or tamper with the police investigation, you can document what you see and hear.

If someone saw your car crash, do your best to take down their name and contact information. We know that it’s not always possible to do so, but when it is, a witness account of the crash might strengthen your personal injury case.

4. Go to the Doctor as Soon as Possible

Emergency medical treatment is critical after a car accident, even if you don’t “feel hurt.” After a crash, adrenaline makes it all too easy to suffer from a hidden injury, like internal bleeding, and not even realize it. Getting treated quickly can help prevent unnecessary pain, suffering, and expense.

Additionally, medical records are essential to your personal injury case. When you see a doctor, they will write down important details about your injuries, symptoms, and limitations. This information will help a jury understand your damages and whether your injuries are linked to the car wreck.

5. Write Down All the Details

It’s not unusual for crash details, which feel so sharp at the time, to quickly fade. When you get home, carefully write down everything you can remember about the incident, including weather, road conditions, and any pain you feel later.

You should also track your symptoms after a crash. It’s easy to adjust to your “new normal,” ignoring the many ways that your injuries have changed your life. If you don’t already have a journal, it’s time to start one. Every day, document your pain and activity levels, noting any changes or difficulties that you have.

6. File Your Insurance Claims

Filing an insurance claim is typically the first step towards getting the compensation you deserve. While most personal injury lawsuits focus on the at-fault driver and their insurance company, you might have additional claims:

  • Personal injury protection
  • Uninsured/underinsured motorist coverage
  • Product liability, if a defective or dangerous product contributed to the crash
  • Dram shop liability, if a bar or restaurant knowingly overserved a drunk driver

Our team of Katy, Texas, injury attorneys have a reputation for identifying each and every insurance policy that covers our clients’ claims. We strive to get you every penny that you deserve, so it’s essential that we understand the full extent of your insurance coverage.

Once you’ve identified all the policies that cover your injuries, you can file your insurance claims. If you’re unsure about the process, what options you have for recovery, and how much your case is worth, contact a lawyer. We can help you understand your case’s full settlement value and ensure that you follow Texas’ procedural rules.

Notably, you only have two years from your crash to file a personal injury lawsuit. If you miss this deadline (sometimes called the statute of limitations), you might lose out of valuable compensation. If you need help calculating your filing deadlines, call our office right away.

Once you’ve identified all the policies that cover your injuries, you can file your insurance claims. If you’re unsure about the process, what options you have for recovery, and how much your case is worth, contact a lawyer.

Navigating the Texas Insurance Claims Process After an Accident

The aftermath of a motor vehicle crash in Texas often brings a wave of physical recovery and emotional distress. Compounding this challenge is the complex and often frustrating insurance claims process. For crash survivors, what should be a straightforward effort to recover losses frequently turns into a lengthy battle against a system designed to protect its own financial interests.

Once you submit your claim, you’ll begin a correspondence with someone called an insurance adjuster. This individual is tasked with investigating your claim, collecting facts, and ultimately making an offer based on what they believe your case is worth. It is crucial to remember that the adjuster is not a neutral party and is not on your side. Their primary professional commitment is to the insurance company that employs them, and they are motivated to resolve your case as quickly and cheaply as possible. This motivation often dictates their approach, which can involve tactics aimed at reducing the final payout.

The adjuster’s investigation is methodical, but their interpretations are biased. They may request extensive medical and financial documentation, sometimes going beyond what is necessary, in an attempt to uncover grounds to diminish the value of your injuries. They may also employ various strategies to slow down the process, such as being slow to return calls or requesting repeated submissions of the same documents. These delays serve a strategic purpose: to increase your financial strain and pressure you into accepting a suboptimal offer out of necessity.

Usually, the adjuster’s first few offers are far too low and will not reflect the true cost of your injuries and suffering. Insurance companies often try to take advantage of unrepresented crash survivors, pressing them to settle quickly. They understand that a person dealing with mounting medical bills and lost income may be desperate for fast cash, regardless of the amount. Unfortunately, many people need the money immediately or do not know they have the right to push back and demand a fair settlement that accounts for all their losses. They may unknowingly accept a settlement that barely covers their initial hospital visit, leaving them to pay for future therapy, prescription costs, and diminished earning capacity out of their own pocket.

Determining the full, true value of a personal injury case is a detailed and multi-faceted calculation that goes far beyond simply adding up medical invoices. A comprehensive assessment must account for two main categories of damages: economic and non-economic. Economic damages cover tangible financial losses, including past and future medical treatment, rehabilitation expenses, lost wages, and loss of future earning potential if the injury creates a long-term disability. Non-economic damages address the intangible losses, such as physical pain and suffering, emotional distress, mental anguish, disfigurement, and loss of enjoyment of life. Placing a fair monetary value on these non-economic factors requires a deep understanding of legal precedents and the presentation of compelling evidence.

That’s where Will Adams Law Firm enters the picture. We provide focused representation to individuals navigating this complicated system. We understand how to calculate what your case is worth and offer our clients trustworthy advice about when to accept a settlement—and when to take legal action. Our commitment is to a thorough review of every detail of your case, gathering the necessary evidence, and assembling a robust demand package that clearly articulates the total value of your claim, including the long-term impact of your injuries.

When negotiations commence, our firm manages the back-and-forth with the insurer. We counter low offers with systematic, evidence-backed arguments, maintaining steady pressure to ensure the insurance company recognizes the serious nature of your claim and your willingness to pursue a just resolution. We have helped countless people like you get fair settlements after a crash, so if you’re not sure about the claims process or what to do next, please don’t hesitate to reach out to us. We provide dedicated assistance to our clients through every phase.

If the insurance company remains unwilling to offer a fair amount, our firm has the resources and the capacity to pursue the matter in the Texas court system. Shifting a case from a claims negotiation to a lawsuit (litigation) signals to the insurer that you are fully prepared to seek justice before a judge and jury, which often changes the dynamics of the discussion. We know how to calculate what your case is worth and offer our clients trustworthy advice about when to settle—and when to take legal action. We stand ready to provide guidance and representation tailored to the unique facts of your situation.

Not Sure What to Do Next? Will Adams Law Firm Is Ready to Meet With You

The process of recovering after a crash and filing an insurance claim is notoriously difficult. What makes it so challenging is not necessarily the process itself but the insurance company’s commitment to protecting its own interests rather than your needs after a crash.

If this sounds like your situation, you’re not alone. We have more than 25 years of experience fighting for people like you in the Greater Katy Area and across Texas and are ready to meet with you to help you understand your options and decide what to do next.

To speak with our team of personal injury lawyers in a complimentary case evaluation, call our office at 1-800-559-0593, or fill out our contact form.

We look forward to hearing from you!