Houston Car Accident Attorney
Representing Injured Individuals in Car Accidents Throughout Harris County & Texas
For a free, no-obligation consultation, call (713) 999-4801 or contact us online to get started with our car accident attorney in Houston. Hablamos español.
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Proving Liability in Car Accident Claims
Proving negligence requires demonstrating that a party forgot to exercise reasonable care, resulting in harm to another. To establish a successful negligence claim, four key elements must be proven:
Duty of Care: You must show that the defendant owed a legal duty to you. This varies depending on the relationship between the partakers, but generally, people have a duty to act with reasonable care to avoid causing harm to others (e.g., drivers owe a duty to drive safely).
Breach of Duty: Once a duty is established, you must show that the defendant breached this duty by acting (or failing to act) in a way that a reasonable person in the same situation would have.
Causation: You must show that the defendant’s breach of duty directly caused your injury or harm. This includes:
- Actual Cause (Cause-in-fact): The injury wouldn’t have occurred “but for” the defendant’s actions.
- Proximate Cause: The damage was a foreseeable result of the defendant’s actions.
- Damages: You must prove that you suffered actual harm (physical, emotional, or financial) as a result of the defendant’s breach. Without damages, there’s no basis for a negligence claim.
Evidence like eyewitness testimony, expert opinions, all medical records, or accident reports may be needed to strengthen a negligence claim.
Is Texas a No-Fault State?
Texas is not a no-fault state. Instead, the state follows a fault-based (or “tort”) system when it comes to car accident claims. This means that you must typically prove that another person or party was at fault for the accident and that this is what caused your injuries and resulting damages. Unless you have purchased additional insurance beyond the required liability amounts, you will likely not file a claim with your own insurance provider after an accident. Instead, you must seek compensation from the at-fault party’s insurance company.
This can be difficult, as insurance companies often go to great lengths to dispute, devalue, or deny rightful claims. Their goal is to limit payouts—not pay you what you are owed. Because of this, it is important that you work with an experienced car accident attorney in Houston, like those at Payne Law Firm, who can help you fight back against the insurance company’s efforts to undervalue your claim.
Proving Negligence in a Car Accident Claim
As mentioned above, it is critical that you are able to prove fault if you wish to recover compensation after a car accident in Texas. Typically, proving fault means establishing that another person or entity was negligent or acted wrongfully, leading to the crash.
Some common causes of car accidents that can be attributed to negligent and wrongful conduct include:
- Speeding
- Aggressive driving
- Reckless driving
- Distracted driving
- Drunk driving/driving while impaired
- Disobeying stop signs and traffic lights
- Unsafe driving maneuvers
- Unlawful passing
- Unsafe turns
- Auto defects
- Defective roadway construction
While most car accidents result from the negligence of another driver, some occur because of a third party’s careless, reckless, or wrongful conduct. At Payne Law Firm, we work tirelessly to investigate every car accident case we accept to identify how the crash occurred and, most importantly, who is liable for our client’s losses.
Damages in Car Accident Cases
Victims of serious car accidents often suffer severe, catastrophic injuries. Often, their vehicles sustain significant damage or may even be totaled in the crash. Those involved may find it difficult to move forward with their lives and cover the costs associated with medical treatment, property damage repairs, lost wages, and other unexpected hardships.
By filing a car accident claim, you can seek financial recovery for the economic and non-economic losses you suffered as a result of the crash, including but not limited to:
- Emergency medical care costs
- Ongoing and future treatments
- Pain and suffering
- Lost income, wages, and other benefits
- Lost future earnings and earning ability
- Emotional distress and trauma
- Counseling and/or therapy
- In-home care
- Home modifications
- Disfigurement and inconvenience
In some cases, we may even be able to recover punitive damages. Unlike the compensatory damages listed above, punitive damages are not meant to compensate the victim for specific losses but, rather, punish the defendant for egregious negligence or willful/wanton misconduct. Such damages are relatively rare but may be available in some cases.
What Injuries Often Come from Car Crashes?
Any number of injuries can be sustained in a car accident; some severe, and others more minor. No matter how serious your injuries are, if they were a result of another driver’s negligence, you most likely have grounds to pursue compensation. Some of the most common car accident injuries include:
- Soft tissue injuries (sprains, strains, whiplash)
- Concussions
- Broken bones
- Lacerations, bruising
- Damage to internal organs
- Serious back or spinal injuries
- Traumatic brain injuries
- Lost limbs
- Burn injuries/scarring/disfigurement
- Paralysis
- Post-traumatic stress (PTSD)
When Should You Get a Lawyer for a Car Accident?
If you’ve been involved in a car accident in Houston, you may be wondering when you should get a lawyer. The answer to this question depends on a number of factors, including the severity of the accident and the extent of your injuries. If you’ve suffered injuries that require medical attention or if there is significant damage to your vehicle, it’s a good idea to consult with a Houston car accident attorney as soon as possible.
An experienced Houston car accident lawyer will be able to advise you on your legal rights and options and help you pursue the compensation you deserve. Contacting a Houston car accident attorney early on will also give them ample time to investigate the accident and gather evidence to support your claim. Don’t wait too long to seek legal assistance – the sooner you do, the better.
How Long Do You Have to File a Car Accident Claim in Texas?
As with other types of personal injury cases, you have a limited time to file a car accident lawsuit in Texas. The statute of limitations, or deadline, to file these types of claims is typically two years from the date of the accident.
Although you have two years to file a lawsuit, it is important that you take immediate action in the wake of the accident. The sooner you reach out to our Houston car accident lawyers, the sooner they can begin investigating your claim, gathering evidence, and building your case. The liable party’s insurance company will likely take immediate action to dispute your claim; you should be ready to protect your rights immediately after the accident. Reach out to our team at Payne Law Firm today to learn more.
Do Most Car Accident Cases Settle?
Yes. Most personal injury claims (about 95%) are able to reach a settlement pre-trial. However, that doesn’t mean that you don’t need to hire a lawyer. In many cases, the reason victims are able to get a fair settlement without having to go to trial is because they hired a lawyer who was able to work with the insurance company on their behalf and negotiate a fair settlement. In many cases, hiring a lawyer to fight for you helps show the insurance company that you take your claim seriously, and so should they. And on the off-chance that your case isn’t able to be resolved outside of court, you already have a team ready to take on the insurance company in front of a judge or jury.
Seeking Compensation for Your Car Accident Injuries
After a car accident, you may be dealing with physical injuries, emotional trauma, and financial stress. Our experienced car accident attorneys at Payne Law Firm are here to help you seek the compensation you deserve for your injuries and losses. Whether you have suffered from whiplash, broken bones, traumatic brain injury, or other serious injuries, we will fight for your rights and work to maximize your settlement.
Our team will handle all aspects of your car accident case, including:
- Investigating the accident and gathering evidence
- Negotiating with insurance companies on your behalf
- Filing a personal injury lawsuit, if necessary
- Representing you in court and at trial
Don’t navigate the complex legal process alone. Contact our Houston car accident attorneys for a free consultation to discuss your case and learn how we can help you recover the compensation you deserve. Se habla Español.
Call Us Today to Learn More
If you or a loved one is suffering from a serious injury, it is important to talk to an experienced attorney as soon as possible. At Payne Law Firm, we offer free initial consultations and contingency fees, meaning you do not owe a dime unless/until we recover a settlement or verdict for you.
We provide legal services in English and Spanish and are happy to answer any questions you may have throughout the legal process. Our attorneys have recovered millions of dollars for our clients, and we are ready to fight for you and the recovery you deserve.
To schedule a consultation, call our office in Houston at (713) 999-4801 today. You can also fill out our contact form online with our Houston car accident lawyer.
Client Testimonials
You May Be Entitled to Compensation for Your Injuries
Even though it is called an “accident,” that does not mean that no one is to blame. While many car accident lawyers in Houston would prefer to reach a settlement, we at Payne Law Firm are ready to take these kinds of cases to trial when necessary. We will do whatever it takes to reach the best possible result.
Injuries from car accidents can quickly become catastrophic. From fractures to traumatic brain injuries, paralysis and even death, the consequences of a car accident can be devastating. It is important to hold all negligent parties accountable.
Some clients fear they don’t have a case because they may be partially responsible. Even if that is true, you still may be entitled to compensation. In hit-and-run cases, it can be more difficult to determine compensation. However, we will thoroughly examine your case. This involves reading through the police report, talking to necessary witnesses, and checking the evidence. We will always keep you up to date on our findings and discuss how we can move forward.
What Sets Us ApArt
serious lawyers for serious accidents
client Focused
We will help you every step of the way, providing answers to your questions and continuing to update you on the status of your case.
A History of Success
We have helped over a thousand injured individuals and families get the compensation they deserved.
Battle-Tested
We not only understand the complexities of insurance companies but know how to fight them.
Full Transparency
Our team knows the importance of your case and is committed to doing what is best for you.
Get Serious With A Free Consult
WHEN YOU HAVE BEEN INJURED, YOU NEED A SERIOUS LAWYER. CONTACT US TODAY.
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