What Do I Do About My Car Accident Hand Injury?

Hand injuries are common after car crashes. While they might not necessarily be as frightening as brain or spinal injuries, they do have the potential to be life-altering.

Even with the most common hand injuries, it’s important to take certain steps to increase your chances of getting the money you need and deserve. But navigating these steps can be challenging, especially as you’re trying to heal.

This article will outline common car accident hand injuries and how to go after the compensation you need to rebuild your life. We’ll also discuss how personal injury lawyers can help.

Common Hand and Wrist Injuries

car accident hand injuryConsidering where your hands are when you’re driving, it’s not surprising that they often end up with serious injuries from traffic crashes. Even if you weren’t driving, thrusting your arms out to brace for impact means your hands likely sustained a great deal of force in the accident.

Some of the most common hand and wrist injuries people suffer in car accidents include:

Broken Bones

The bones in your fingers (phalanges), hand (metacarpals), and wrists (carpals) are small and break relatively easily under force. Gripping the steering wheel, grabbing the dashboard, or pressing the inside of a door makes your hands vulnerable to that initial impact, and tensing keeps that force from being distributed into your arms and shoulders.

Even a minor fracture can cause pain, weakness, and disfigurement. Other typical symptoms are swelling, bruising, and crooked or immobile fingers. Signs of a broken hand or broken wrist might not be obvious at first, which is why you should always be examined by a medical professional as quickly as possible after a car accident.

Wrist Injuries

Your wrist connects your arm to your hand and includes the ends of your arm bones (radius and ulna), a collection of eight small carpal bones, and the beginnings of the five metacarpals in your hand. An injury anywhere in the bones or tissues of your arm or hand could impact the wrist.

Wrist injuries can damage the range of motion and rotation you use to pick things up, write, type, craft, play music, or communicate. Again, while this might not seem as scary as some other car accident injuries, it can greatly reduce your quality of life and you may be eligible for compensation.

Joint Dislocation

Dislocation happens when bones are displaced from their proper positions at the joint. We might immediately think of ball-and-socket type injuries, like a dislocated shoulder, but dislocation can happen at any joint for any bone.

Hands that have been in car accidents are very prone to dislocation, especially the middle finger knuckles. Symptoms can include pain, decreased movement and range of motion, swelling, redness, and numbness.

Torn Ligaments

Ligaments hold bones together, including the network of numerous individual bones in your fingers, hand, and wrist. The force of a car crash is often enough to cause tears in that connective tissue. Sprains (excessive stretching of ligaments) can also happen.

Left untreated, seriously damaged ligaments aren’t likely to heal properly, even if they aren’t torn. The pain and swelling may diminish, but you could experience long-term problems with mobility and stability in your hand.

Other Soft Tissue Injuries

Your hands contain skin, muscles, nerves, and tendons, all of which can get hurt in a car accident. From mild inflammation to painful strains (damage to the tendons that attach muscles to bones) and even tingling, the injuries will likely make it harder to work, play, and even rest without pain and limitations.

Externally, the skin on your hands can be cut, burned, or bruised in a car crash. Long term effects may include tightness, sensitivity (an increase or a loss), and scarring.

Medical Attention is Vital After a Hand Injury

tingling in hands after car accidentIt’s always important to see a medical professional if you have pain or visible injuries to your hands or wrists after a traffic accident. Injuries to your neck, shoulders, and arms can also cause hand issues, such as tingling, weakness, and pain.

Sometimes, the extent of your injuries and the effect they’ll have on your life are not clear at first. Hand and wrist pain symptoms don’t always fully emerge until hours, days, or even weeks later. Any hand injury may require surgery, physical therapy, or other treatment.

Getting a full evaluation from a medical professional as soon as possible after your accident greatly increases your chances for an early, accurate diagnosis and proper treatment. It will also help your legal case by demonstrating your efforts to heal.

Be aware that, the older you are, the more likely you are to have serious hand injuries and healing challenges. This is because bone density and collagen decrease with age, making us more prone to bone fractures and slower to rebuild tissue.

Personal Injury Lawyers Know How to Help

tingling in hands after car accidentIf you have been injured because of someone else’s carelessness or recklessness, it’s worth your time to speak with a personal injury lawyer about your car accident. Even if you aren’t catastrophically injured, experienced legal guidance can make a difference when it comes to your financial compensation.

The sooner you talk to an attorney about a hand or wrist injury, the better; you can begin developing a solid strategy right away. Most personal injury firms begin with a free case evaluation, meaning you won’t owe anything to find the right attorney-client relationship.

Perhaps best of all, working with a lawyer takes a lot of weight off your shoulders. They’ll navigate the legal system, talk to the insurance company, and negotiate your medical bills while you work on healing and rebuilding your life.

Will Adams Law Firm Stands Up for You

At Will Adams Law Firm, we are committed to standing up for what’s right. When you or someone you love was injured because of another’s negligence, you deserve the support of a firm that prioritizes your recovery and holds the other party accountable.

Our team has experience representing clients with all sorts of auto accident injuries, including hand and wrist injuries from car crashes, and we’re ready to hear your story. Set up your free initial consultation when you call (281) 371-6345 or complete the easy contact form on our website. We look forward to hearing from you!

References

Three common injuries from car crashes. (2020, Oct. 6). AICA Orthopedics. Retrieved from https://aica.com/3-common-hand-injuries-from-car-crashes/

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

What Injured People Need to Know About Foot Injury Lawsuit Settlements

katy personal injury lawyer

A painful foot injury stops you in your tracks—literally.

Dealing with these injuries because of someone else’s negligence or carelessness in a car accidentslip and fall, or other incident only increases that frustration.

Fortunately, you have options, and filing a claim, and possibly a lawsuit, might be the place to start. This post will discuss how a foot injury impacts your life, your options for compensation, and what to expect in fair foot injury settlements. Better yet, we’ll explore how a Katy personal injury lawyer can help with the (literal and figurative) legwork.

What Makes Foot and Ankle Injuries So Serious?

When the “foundation” of your body can’t move or carry weight, you certainly can’t carry on as normal. Serious ankle and foot injuries are common after car accidents or a slip and fall for a handful of reasons, ranging from human anatomy and reaction to the sheer forces generated during an accident. These injuries are not merely inconvenient; they often represent life-altering traumas that necessitate extensive medical intervention and complex legal assessment.

The Biomechanics of Sudden Trauma

The severity of foot and ankle trauma is often amplified by predictable, yet unavoidable, physical reactions and the nature of collision forces.

Bodies Tend to Tense Before Impact

It’s natural to tense your body and brace for an impact, whether that’s during a car accident, slip and fall, or some other dangerous situation. This reflexive action, often called bracing, is a fundamental protective mechanism. However, in the context of high-energy impact, it can dramatically worsen the resulting injuries.

When the body tenses, the force of the crash is prevented from being distributed or absorbed throughout the muscles, ligaments, and major joints of the legs and torso. Instead, that tremendous kinetic energy becomes highly concentrated in the lower extremities—particularly the feet and ankles—which are rigidly fixed against the floorboard or ground. 

This concentration of energy leads to a more severe foot or ankle fracture or ligament tear than may have happened if the body had been relaxed at the time of impact. The bracing action transforms the foot and ankle into highly susceptible, load-bearing structures that must absorb force meant for the entire body structure. This can result in comminuted (shattered) fractures, complex dislocations, or avulsion injuries where tendons rip small pieces of bone away.

The Feet Often Get Hit First

In vehicle crashes, the feet are frequently the first part of your body to feel the full impact force. In frontal collisions, the driver’s foot is often fixed to or actively pressing the brake pedal. The sheer force transferred through the brake assembly directly into the foot, heel, and tibia can cause devastating pilon fractures of the distal end of the shin bone, or severe calcaneus (heel bone) fractures—injuries associated with lengthy recovery and lasting disability.

In other crash scenarios, like a T-bone or side-impact collision, the feet and ankles can be crushed or twisted by the intruding vehicle structure itself. The crumpling of the door, firewall, and dashboard against the footwell can compress the structures of the midfoot, leading to highly problematic injuries that often require reconstructive surgery. The direct, crushing nature of these injuries results in significant soft tissue damage, compounding the complexity of the bone and joint damage.

Feet and Ankles Are Complex Structures

The foot and ankle are marvels of biological engineering, comprising 26 bones, 33 joints, and numerous tendons, muscles, and ligaments, all working in concert to provide stability, flexibility, and propulsion. This high degree of complexity is the primary reason these injuries are so difficult to diagnose, treat, and rehabilitate.

Anatomy and Diagnostic Hurdles

Because the structure is so complicated, a seemingly simple fracture might actually mask a more debilitating injury. One example is a Lisfranc injury, which involves the joints and ligaments of the midfoot. 

These injuries are notoriously challenging to detect on standard X-rays, often being initially misdiagnosed as simple sprains. However, if left untreated, a Lisfranc injury can lead to debilitating arch collapse and painful, chronic arthritis, severely impacting the individual’s long-term mobility.

The intricate nature of the foot means that even a minor misalignment of one joint can throw off the entire biomechanical chain of the body. Furthermore, your feet can be affected by injuries in other areas, such as the hip or knee. 

A pelvic fracture or a severe knee injury can alter a person’s gait, placing abnormal stresses on the uninjured foot and ankle, leading to secondary conditions like tendinitis or bursitis months or years later. The comprehensive nature of the body requires that all related injuries be addressed to achieve a full recovery.

Treatment and the Long Road of Rehabilitation

Treating severe foot and ankle injuries often requires extensive surgical intervention. This frequently involves Open Reduction and Internal Fixation (ORIF) procedures, where surgeons must meticulously realign bone fragments and secure them with hardware—plates, screws, and pins—to ensure proper healing. 

The presence of this surgical hardware can sometimes lead to chronic discomfort, necessitating further operations down the road for hardware removal.

The physical recovery from a complex foot or ankle injury is often measured not in weeks, but in many months or even years. Non-weight-bearing periods can last for three months or more, followed by rigorous and often painful physical therapy. 

The goal of this rehabilitation is not just to heal the bones but to restore the range of motion in 33 separate joints, rebuild muscle atrophy in the calf and foot, and retrain the body’s proprioception (sense of balance and position). This protracted recovery process imposes a significant psychological toll, often leading to anxiety, depression, and social isolation due to the sudden and prolonged loss of independence.

The Financial and Legal Complexity of Foot Injury Claims

When you or someone you love is dealing with serious injuries below the knee after a car accident or other incident, you’re likely facing medical costs, chronic discomfort, and a wide range of life adjustments. If your injuries are the result of someone else’s negligence or carelessness, you may be eligible for financial compensation for those expenses and losses.

Just as foot injuries themselves are complicated, securing a settlement for them might also be a challenge. Legal representatives who handle these personal injury claims understand that the valuation of a foot injury case requires a thorough and detailed approach.

Determining Economic and Non-Economic Losses

Claims for recovery are typically divided into two categories: economic damages and non-economic damages.

While economic damages include measurable, objective costs like past and future medical expenses, prescription costs, and lost income, non-economic losses encompass the more subjective but equally real impacts of the injury. 

These losses include pain and suffering, reduced quality of life, emotional distress, and loss of opportunity. When serious injuries mean you can’t even stand up, walk, or perform routine daily tasks, the non-economic damages may be significant. 

Proving that profound impact to the opposing party’s insurance company, on the other hand, is often difficult. It requires meticulous documentation, testimony from treating physicians, and detailed personal accounts of how the injury has reshaped the victim’s life.

In addition, you may face uncertainties about the future economic costs. Some people with severe foot injury cases need lifelong therapy, assistive devices (like specialized orthotics or canes), and may never be able to return to their former occupation, especially if their job required standing, walking, or heavy lifting. 

Determining how much this loss of earning capacity and future medical needs will cost the family in the coming decades requires sophisticated analysis by vocational and economic consultants.

Getting Compensated for Foot Injuries Can Be Difficult

When you or someone you love is dealing with injuries below the knee after a car accident or other incident, you’re likely facing medical costs, discomfort, and a range of life adjustments. If your injuries are the result of someone else’s negligence or carelessness, you may be eligible for financial compensation for those expenses and losses.

Just as foot injuries themselves are complicated, securing a settlement for them might also be a challenge. One reason for this is the non-economic damages you may claim.

While economic damages include measurable costs like medical expenses and lost income, non-economic losses include pain and suffering, reduced quality of life, emotional distress, and loss of opportunity. When serious injuries mean you can’t even stand up, the non-economic damages may be significant. Proving that to the insurance company, on the other hand, is often difficult.

In addition, you may face uncertainties about the economic costs. Some people with foot injury cases need lifelong therapy and can’t ever return to work. Are you prepared to determine how much that will cost your family in the coming years?

Serious Injuries Require Serious Legal Representation

In these challenging circumstances, it’s in your best interest to work with an experienced personal injury lawyer. They can help you organize your case (including doing the heavy lifting of gathering evidence and understanding your medical diagnosis), submit a claim, and negotiate a fair settlement amount.

When you or someone you love are seriously injured, you deserve to have the time and space you need to heal, rather than trying to navigate the complicated world of insurance claims, medical bills, medical liens, and negotiations. If you were hurt in or around the Greater Katy Area, or elsewhere in Texas, don’t wait to speak with an experienced local attorney who knows how to present your case and negotiate for a fair settlement.

Will Adams Law Firm Is Ready to Help You Get Back on Your Feet

From supporting your physical healing to helping you secure the funds to rebuild your life, your recovery is our priority. Our law firm has experience representing people with foot and ankle injuries after car accidents, falls, and other incidents.

To schedule your complimentary case assessment and begin the attorney client relationship, please call (281) 371-6345 or use the simple contact form on our site. It will be our honor to speak with you and learn more about your case. Every initial meeting is at no cost or risk to you. Call today!

References

Bailey, A., Crandall, J., Funk, J., King, R., Rudd, R., Srinivasan, S. (2012). Injuries caused by brake pedal loading of the midfoot. PubMed.gov. Retrieved from https://pubmed.ncbi.nlm.nih.gov/22846275/

Compartment syndrome. (n.d.). Ortho Info from the American Academy of Orthopedic Surgeons. Retrieved from https://orthoinfo.aaos.org/en/diseases–conditions/compartment-syndrome/

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

How to Claim Lost Wages From a Car Accident With Injury

lost wages from car accident with injury

After a car accident, the primary concerns are medical and police involvement. As the dust begins to settle, insurance matters and legal options start to come into play. Typically, an insurance claim covers the financial impact a car accident has had on your life—including lost wages. However, getting fair and comprehensive coverage for your costs is not always straightforward.

If you have been involved in a car accident, something you may want to consider is hiring a Katy personal injury lawyer to help with your lost wages claim. As you’ll see, this is important for ensuring proper compensation. Otherwise, you risk enduring a tremendous amount of financial strain and stress due to missing out on work because of your injuries from the crash.

Damages, Losses, and Lost Wages Claims After a Car Accident

katy personal injury lawyerWhen you are in a motor vehicle accident, the first steps you should take include immediately addressing any injuries, talking with the police, collecting as much evidence (photos, names of witnesses) as possible, and seeing your doctor. Once you’ve taken these measures, it’s time to start assessing your damages and losses from the car accident.

Now, there are a variety of reasons an accident can leave you unable to work. Back pain, broken bones, and even concussions are only a couple of examples of injuries that keep people from being able to earn income.

RELATED: Do I Have a Concussion From My Car Accident?

However, if the car accident wasn’t your fault, you shouldn’t have to pay for your own medical bills, lose out on the income you would have earned, or otherwise spend your life paying for someone else’s mistake. That’s where damages come into play. Damages typically break down into three categories:

  • Economic Damages: This includes any financial impact the car accident injuries had on your life. This can include medical bills, medical equipment, the costs of ongoing care (like physical therapy), and your lost wages.
  • Noneconomic Damages. Where economic damages are tied to monetary loss, noneconomic damages are for more intangible matters. These damages may be awarded for physical, mental, or emotional pain and suffering. Physical impairment and disfigurement, injury to reputation, and loss of enjoyment of life are other examples of noneconomic damages.
  • Punitive Damages. In this case, we are talking about damages that awarded as a way to punish the defendant for reckless or dangerous behavior, and not to compensate you for losses.

If you want and need to claim lost wages, they are considered economic damages. However, you may be eligible to claim other costs as well, especially if you missed work because of an injury, or if the person who hurt you was especially reckless.

Proving Lost Wages and How Damages Are Calculated After a Crash

Naturally, which damages and losses are applicable and at what value depends on each specific situation.

To get a good understanding of what your lost wages might be worth, you’ll want to obtain a doctor’s note or disability slip. This documentation records your physical injuries and limitations and provides a recommended timeframe for how long the injuries will keep you away from work.

Along with the note from your doctor and any medical records, you need your most recent pay stubs and a letter from your employer confirming your pay, the number of hours you work per pay period, and the days you were absent. If you own a small business or are self-employed, you may need invoices and tax returns to show how much income the accident will cost you.

Once you have those details in order, you can begin to calculate the value of your lost wages, medical bills, and other costs. While this process might seem straightforward, the truth of the matter is that the most qualified person to help you calculate and claim lost wages from a car accident is a personal injury attorney. If you live in the greater Katy area, you’ll want to work with a local personal injury lawyer who knows our community and is willing to fight for the people who live here.

Filing a Claim for Lost Wages in Texas

katy personal injury lawyerIt’s important to know what kind of insurance you have, what kind the other driver has, and if there’s any other policy that might apply to your situation. Your personal injury attorney can explore every option for insurance coverage.

Once you have a complete understanding of your costs and the value of your lost wages, you and your attorney will make your lost wages claim with the relevant insurance company or companies. However, the insurance company can (and often does) deny claims with thorough documentation. When they refuse to provide the service you pay them to, you can rely on your attorney to help you challenge their denial and get the money you need to pay your bills.

We know it can feel difficult to pursue legal action for lost wages, but sometimes it is the best way to ensure you aren’t hurt again from your accident. You already have enough on your plate between getting back to health and dealing with other issues—you don’t need additional suffering due to stress and financial difficulties from being unable to work on top of it all.

Remember, legal processes exist to help you. And our team at Will Adams Law Firm is ready to be your guide in navigating through the entire legal process.

If you decide to pursue a legal course of action to cover your lost income, it is important to contact us as soon as possible. Waiting too long may keep you from being able to file a personal injury lawsuit that includes lost wages due to our statute of limitations laws here in Texas.

Have an Experienced Car Accident Lawyer on Your Side During a Lost Wages Claim

Residents of our Greater Katy community trust Will Adams Law Firm to handle claims like these because we stand up for you. Our experience and skill in handling lost wages claims is certainly important, but our commitment to always treating you with the respect and transparency you deserve truly sets us apart from other firms.

If you have any questions, want a complimentary case evaluation, or know right now that you would benefit from legal representation, feel free to contact our office. You can always reach us 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.

Can an Airbag Cause Chest Injuries?

katy personal injury lawyerYes—airbags are an important safety feature, but they’re not without risk. It’s not uncommon for airbags to cause burns, cuts, and broken bones when they go off.

The good news is that airbags do save lives. The National Highway Traffic Safety Administration reports that frontal airbags saved more than 50,000 lives between 1987 and 2017.

How Airbag Injuries to the Chest Happen

To understand how an airbag can cause chest injuries, it helps to know how these devices work, and the role vehicles that predate 2007 play.

How Airbag Deployment Works

airbag injuries to chestWithout getting too technical about the process, a car loses speed very quickly when it hits something, and a specific part (an accelerometer) detects this sudden change in speed. If that change is too great—which is important because we don’t want airbags deploying simply because of normal braking—an electric current causes a heating element to ignite an explosive chemical.

As the chemical burns, a massive amount of harmless gas rushes into a nylon bag that is packed in the steering wheel. This happens rapidly, so the bag blows the plastic cover off the steering wheel as it inflates. Finally, the car’s momentum pushes the driver forward against the bag. Small holes along the airbag’s edges then allow the harmless gas to escape as it deflates.

However, airbags in cars from 2007 and earlier work a bit differently. They’re less sophisticated, use more force, and often cause more serious injuries when they deploy. Additionally, modern airbags are tested on more sizes of crash test dummies, seatbelt configurations, and crash speeds, making them more effective at protecting a wide range of drivers and passengers compared to earlier models.

That doesn’t mean modern airbags don’t ever harm people. Even though they’re less forceful than older models, airbags made after 2007 still require a tremendous amount of force to inflate, which can, and do, cause chest injuries and chest pain. And if the airbags are defective, the risk of serious injury increases. Common defects can include defective impact sensors or inflators, manufacturing defects, bad designs, incorrect repairs, and more.

Common Airbag Injuries

  • Chest injuries: Chest injuries can include burns, broken bones, rib fractures, chest pain, soft tissue damage, chest wall injury, internal injuries, and cardiac issues.
  • Eye injuries: When the force of an inflating airbag injures an eye, it can be damaged to the point of temporary or even permanent blindness.
  • Burn injuries: Abrasions and burns can be caused by the tremendous speed at which airbags inflate. In particular, the arms and face are vulnerable to these kinds of serious injuries.
  • Face and head injuries: Bones in our faces are relatively delicate and can be broken by inflating airbags. Included with that is the potential for permanent scarring. And head injuries aren’t always only superficial – concussions and traumatic brain injuries also can occur.

So, what do you need to do for insurance claims and personal injury cases when you sustain a serious injury or chest pain due to an airbag?

Steps to Take After an Airbag Deployment Injury or Car Accident

As we’ve stated, airbag injuries are serious. If you, or someone you love was injured by an airbag during a car accident, do your best to take these steps:

  1. Make sure you obtain an official police report of the accident. This document is key for successful personal injury cases and insurance claims. The information contained in the report can help verify your side of the story.
  2. After dealing with the police, get the medical attention you need. Some people wait to get medical treatment (even when they have chest pain), and insurance companies use that to deny claims. It creates the appearance that your injuries aren’t serious, even when they are. Also, make sure to keep all receipts for health care related to the accident.
  3. You’ll then need to file a claim with the insurance company. It is essential that you do not put this off. Notify them within 48 hours of the crash or risk having your claim denied.
  4. While talking with anyone from your insurance company, do not admit fault in the accident. But admitting fault is a common mistake, one that can keep you from getting the outcome you deserve. Sometimes, even saying “I’m sorry” is problematic.
  5. Something that can help is to prepare in advance. Think about what you are going to say to the claims adjuster about the accident and the injuries you sustained, including the role the airbag had in causing your chest pain.

katy personal injury lawyerDealing with the insurance company is notoriously frustrating and complex. When you hire a personal injury attorney to handle the negotiations with the insurance company, you can focus on healing and getting your life back on track.

How a Katy Personal Injury Lawyer Can Work for You After a Car Accident

If an airbag causes a severe chest injury, hiring an attorney can be a smart approach for getting the compensation you need to cover your medical bills, lost wages, compensate for your pain and suffering, and more, depending on the situation.

Skilled personal injury attorneys, like our team here at Will Adams Law Firm, work hard to support people with severe injuries after a car accident. For some folks, this means taking over the negotiations with an insurance company to make sure they do their part and provide the service you pay them to do.

airbag injuries to chestWhen you receive a settlement offer, it can be a wise move to have us review it with you before you decide to accept (or decline). Our team has experience in negotiating with these companies and can help you understand if the offer is truly fair or not.

At other times—like when an insurance company is being unreasonable—you may want your lawyer to handle matters in a court of law. If this is the approach you choose to pursue, your legal team can collect and review evidence and create a strategic plan. We have successfully represented clients in situations that are similar to yours and offer you the same diligence and expertise.

If You Have Questions About Airbag Injuries to Your Chest, Give Us a Call

Now that you understand it isn’t normal to have chest pain and injury from an airbag going off after a car accident, it is time to act.

Perhaps this means holding the insurance company to their word that they will fairly compensate you following a car accident. Our team can help you determine if any settlement offer is worth taking, or if it’s time to push back. And if it is, we’ll be right by your side.

When a severe chest injury requires legal intervention, we are also here for you. Even if you aren’t the suing type, someone may need to pay for medical care, lost wages, and other costs from your accident. If you decide this is the right approach, our team will work hard to ensure you receive fair compensation for your pain, suffering, and damages.

If you have any questions or would like to take advantage of a complimentary case evaluation with an open, honest personal injury lawyer, please feel free to reach out to us. Either call our office at (281) 371-6345 or contact us online and we’ll be in touch shortly.

References

Monkhouse, S. and Kelly, M. (2008, March 24). Airbag-related chest wall burn as a marker of underlying injury: a case report. Journal of Medical Case Reports. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2330057/

National Highway Traffic Safety Administration. (2019, April). Traffic Safety Facts. Washington, DC: NHTSA’s National Center for Statistics and Analysis. Retrieved from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812691

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.