Topic: Filing a Texas Auto Accident Injury Claim – Call (214) 747-5240 for Help Now!
Our No Win No Fee Dallas Car Accident Lawyers Have 38 Years of Experience Maximizing Injury Settlements & Have Won Millions for Clients
Our Dallas car accident lawyers have been fighting for the rights of injured victims in North Texas for 38 years. During that time our attorneys have assisted thousands of clients in securing necessary medical attention, navigating the claims process, and obtaining the personal injury settlements they deserved.
A car accident can be a life-altering event. Don’t short-change yourself by not hiring an attorney to represent your best interests.
Injured victims usually incur substantial medical expenses and are often forced to miss work while they recover from their injuries. Even soft tissue injuries or whiplash can cause significant financial hardship. You should not be forced into debt or even potential bankruptcy because you can’t afford medical treatment. Call (214) 747-5240 for a free consultation now!
The insurance companies don’t care about how hurt you are or the impact the car accident has had on your life.
Insurance companies exist to make profits for their executives and shareholders. The job of the insurance adjuster assigned to your car accident case is to get you to accept as little as possible to release your claims against the negligent driver. In fact, the claim adjuster’s dream scenario is that you say something they can use against you to deny your claim completely.
Retaining our skilled Dallas car accident attorneys levels the playing field and allows you to focus completely on recovering from your injuries. The attorney fee is contingent meaning we only earn a fee if you receive compensation.
TxDOT reported that in 2018 “1 reportable crash occurred every 58 seconds” on Texas roadways. Needless to say, it’s dangerous out there.
How Can a Car Accident Attorney Help You?
If you are involved in a motor vehicle accident and suffer injuries you should contact a lawyer as soon as possible. Our Dallas car accident attorneys can immediately help you:
- Set up all necessary insurance claims at the onset of the case so delays are avoided;
- Send any necessary demands to preserve evidence to the at-faulty party or parties so they don’t conveniently “lose” evidence;
- Interview witnesses and develop the evidence needed to win your car accident injury claim;
- Collect police report(s) and other documents through information requests;
- Prepare you for (and participate in) a recorded statement with the insurance company;
- Assist in making sure your vehicle is repaired properly or that you receive fair market value for your vehicle in the event it is totaled in the car wreck; and
- Assist you in securing necessary medical treatment.
Even sprain/strain injuries can take months to heal from.
Unfortunately, many primary care physicians refuse to treat victims of auto accidents because they don’t want to risk getting involved in a legal matter. Often times injured victims are left scrambling to even find a doctor willing to help them.
If you don’t have health insurance you’re likely looking at a mountain of debt. Why should you have to come out of pocket for injuries someone else caused you? The answer is simple – you shouldn’t.
Our Dallas car accident lawyers can assist you in getting the medical help you need and deserve. Our injury lawyers, for example, have long-standing relationships with therapy clinics, chiropractors, medical doctors, imaging facilities (MRI facilities), pain management doctors, orthopedic surgeons, ambulatory surgical centers, and hospitals.
Our network of providers are willing to offer their medical services to our clients at no up-front cost.
This allows you to get the care you need and deserve since you don’t have to worry about drowning in medical bills. Proper treatment of your injuries and proper documentation of your injuries is very important to the outcome of your case.
Our Dallas car accident attorneys will also:
- Verify any liens arising from your case including hospital liens, health insurance liens, and workers’ compensation liens;
- Negotiate reductions on those liens to save you money;
- Retain any experts necessary to develop your case such as an accident reconstruction expert, vocational rehabilitation consultant, or economist;
- Obtain a complete set of your medical bills and records;
- Review and evaluate your medical records;
- Prepare settlement demand(s) for the insurance company or companies to review; and
- Negotiate a settlement on your behalf or advise you if litigation is necessary to obtain a more favorable result.
Why You Should Hire Mullen & Mullen as Your Car Accident Lawyers
Not all Dallas personal injury lawyers are created equal. Our law firm has a 38-year track record of assisting automobile accident victims. We are a small family business that prides itself on client service – as evidenced by over 100 5 Star Reviews from prior clients. We treat every case the way we would want our own case treated.
We have been featured in both Newsweek and Forbes and our attorneys have the skill and experience to handle even the most complex cases. The attorneys – not paralegals – personally oversee and develop each and every case. We offer free consultations and welcome the opportunity to let our family fight for yours.
Types of Car Accident Cases Our Injury Attorneys Handle
At Mullen & Mullen, we take on any type of car accident injury claim you have. Some examples of common auto accident cases we handle include:
- Rear-end collisions
- Truck accidents/18-wheeler accidents
- Single car crashes
- T-bone accidents
- Cross-traffic accidents
- Sideswipe collisions/clipping when merging
- Failure to yield the right-of-way accidents
- Side-impact collisions
- Parking lot collisions
- Head-on collisions
- Texting while driving accidents
- Distracted driver accidents
- Intersection collisions
- Reckless driving
- Drunk driving or driving under the influence (DWI/DUI)
- Pedestrian accidents
- Multi-vehicle accidents / Multiple party accidents
What Are Common Injuries People Sustain in Car Accidents?
In the experience of our Dallas car accident attorneys, spinal injuries are exceedingly common in motor vehicle wrecks. These injuries can be soft tissue in nature or more substantial, such as a herniated disc and/or extruded disc. Symptoms such as numbness, tingling, shooting pains, or weakness can indicate a possible herniated or extruded disc.
Of course, car accidents can also directly lead to broken bones, fractures, and muscle tears. Here are some of the common injuries sustained in motor vehicle collisions:
- Herniated Disc (lumbar or cervical spine);
- Extruded Disc;
- Soft tissue injuries;
- Facet Syndrome (lumbar or cervical);
- Torn meniscus;
- Torn rotator cuff;
- Broken ribs;
- Occipital neuralgia;
- Traumatic brain injury;
- Broken bones;
- Other Muscle Tears;
- Scarring or disfigurement;
- Increased anxiety or depression;
- Joint injuries;
- Shoulder derangement;
- Knee damage;
- Wrongful death.
Theories of Liability
Our Dallas car accident lawyers will carefully analyze your case and determine the proper theory or theories of liability to assert in support of your injury claims. The most common theories of liability are:
- Negligence: The vast majority of car accidents occur due to the negligence of one of the drivers involved in the wreck. Our attorneys will argue that the at-fault motorist failed to meet the standard of reasonable care. All motorists are expected to behave as a reasonable driver would behave under like and similar circumstances. For example, a driver who is texting, inattentive, and fails to yield the right-of-way would not be exercising the duty of reasonable care. The insurance adjuster could attempt to argue that you were comparatively negligent for causing the wreck. In other words, they could attempt to argue you were partially at fault – even if the police report is 100% in your favor. They could argue you had the last clear chance to avoid the accident and weren’t paying attention either. It’s important to remember that you are entitled to damages if you are 50% or less responsible for the accident. The damages awarded, however, would be reduced by your percentage of fault.
- Manufacturer Liability: This theory can be asserted if a defect in either vehicle involved in the wreck caused the accident. This type of case require extensive use of experts and is usually only asserted when an injured party has suffered debilitating injuries or the accident results in the loss of life. Seatbelts, airbags, accelerators, brakes, and engines are the most common defective parts.
- Road Design: This theory can be asserted in cases such as a defective traffic signal, missing signage, unsafe guardrails, or special defects in the roadway. Most of these cases involve government entities and require that prompt notice of claims be filed with the applicable city, county, government agency, etc. In fact, sometimes the notice of claim must be asserted within 30 days of the motor vehicle accident.
- Wrongful Death: If your loved one was killed in a car wreck due to the negligence or recklessness of another driver you can pursue a wrongful death lawsuit. It is important to examine what family members have claims and to work with an attorney who can properly decide whether wrongful death or survivorship claims should be emphasized.
- Respondeat Superior: Texas recognizes the doctrine of Respondeat Superior. Employers are responsible for the negligent acts of their employee while the employee is in the course and scope of employment. For example, if you were involved in a car accident with an XYZ Construction vehicle, the employee operating the vehicle and XYZ Construction would both be proper Defendants and liable for your damages.
- Negligent Entrustment: If the owner of a motor vehicle entrusts the vehicle to an unlicensed or incompetent driver the owner may be held liable for your injuries under the theory of negligent entrustment.
What Damages Are You Entitled To in a Car Accident?
Texas law allows you to be compensated for “economic” and “non-economic” damages. To start, learn about the economic damages you can recover when someone else is at fault for the injuries you sustained in your car accident:
- Medical Expenses: The other driver is responsible for the reasonable and necessary medical expenses you incur as a result of their negligent behavior. This includes therapy sessions, adjustments, massage, medical devices, consultations with doctors, any necessary imaging (CTs and MRIs), pain management, surgery, or any other medically necessary services. Insurance companies often try to argue at least some of your medical expenses were “unreasonable” or “unnecessary.” They pay doctors to come up with elaborate explanations as to why. They may also try to say you have a “pre-existing” condition.
- Future Medical Expenses: You can recover the cost of any future medical care you will require over the course of your lifetime;
- Lost Wages: Based on the severity of your injuries, you’ll lose a certain amount of time at work. You can recover compensation for all that lost time.
- Loss of Earning Capacity: The car accident may leave you unable to perform your work to the full extent you did prior to the wreck. For example, if you were a warehouse worker making good money and your injuries left you unable to lift 20 pounds you would have to transition to a new sedentary career – a desk job. If you had no prior experience in an office environment the new position would likely be at a significantly reduced salary. You are allowed to seek the difference in those earnings over the course of your lifetime as damages.
Non-economic damages are more subjective in nature and are designed to compensate you for the impact the car accident has had on your life. These damages include:
- Pain and Suffering: This compensation applies to the physical pain and suffering you receive from your injuries following your accident. You can seek damages for pain and suffering you experienced in the past as well as for pain and suffering you will continue to experience in the future. The severity of your injuries will be the prime consideration.
- Mental Anguish: This covers things like fright, worry, grief, self-pity, and any other mental suffering you experience as a result of your accident. Car accident victims often experience emotional pain and emotional trauma following a serious accident. You can seek damages for mental anguish in the past as well as future.
- Physical Impairment: This compensation applies to physical limitations caused by the accident. For example, if a car accident left you physically unable to bend or stoop as you once could. Another example would be walking with a limp. You are entitled to recover for both past physical impairment and future physical impairment. It is usually wise to get an Impairment Rating from a doctor when you have concluded your treatment.
- Loss of Consortium: If your loved one was harmed or killed in the accident, this compensation covers the loss in relationship you experience. The feeling of companionship, sexual relations, affection, and comfort can be compensated.
- Punitive Damages: These damages punish the at-fault party or parties for their behavior. Generally, their actions must be malicious and egregious to the point where it makes sense to punish them severely so that they don’t engage in the behavior again. These damages are difficult to obtain but can usually be recovered in cases where the at-fault driver was drunk or under the influence of drugs. In DWI/DUI cases the at-fault driver’s actions are usually determined to have been reckless – not just negligent.
Different Types of Car Accident Claims
You may have several potential claims to set-up following your auto accident injury. You may be unaware of some sources of potential recovery following your loss. Listed below are a few of the insurance claims that may be available to you:
- Liability claim against the at-fault driver for negligently or recklessly operating a motor vehicle;
- Liability claim against the at-fault driver’s employer if the driver was in the course and scope of his or her employment at the time of the motor vehicle accident;
- Liability claim against the owner of the at-fault motor vehicle if the owner negligently entrusted it to an unlicensed or incompetent driver;
- Property damage claim for the amount of money needed to repair or replace your vehicle;
- Diminished value claim for the loss of value your vehicle sustains following a motor vehicle accident;
- Uninsured motorist claim through your car insurance carrier if the at-fault driver did not carry liability insurance coverage as required by law;
- Underinsured motorist claim through your own car insurance carrier if your injury damages or property damages will potentially exceed the at-fault driver’s insurance limits;
- Personal Injury Protection (“PIP”) / No Fault benefits through your own car insurance carrier for reimbursement of medical expenses and lost wages associated with your automobile accident; and
- MedPay / No Fault benefits through your own car insurance carrier to cover medical expenses incurred (subject to repayment if you obtain third-party funds).
Underinsured motorist coverage (UIM) is first-party insurance meant to compensate car wreck victims if the at-fault driver or at-fault drivers did not carry sufficient liability limits.
Like Personal Injury Protection benefits, you may be entitled to coverage if someone in your household has underinsured motorist coverage on their automobile policy.
It is exceedingly important that you obtain permission from your own insurance carrier to settle with the at-fault driver’s insurance carrier prior to accepting any offer the liability carrier makes. A failure to do so could result in you not being eligible for underinsured motorist proceeds.
Your car insurance company owes you a duty of good faith and fair dealing. If you present an underinsured motorist coverage claim and your insurance carrier denies it you may be entitled to file a lawsuit for bad faith insurance practices.
Uninsured motorist coverage (UM) is important if the person that collided with your vehicle did not have insurance or if you were involved in a “hit-and-run”.
It is important to remember that uninsured motorist coverage is only applicable if the at-fault driver made actual physical contact with your automobile. You are also able to file a bad faith lawsuit if your insurance company unreasonably denies your claim.
If you want a more detailed discussion of Texas car accident law you can click on the links below to access our expanded content here: Filing a Texas Car Accident Injury Claim. This page covers:
- The Scene of the Car Accident and Protecting Your Injury Claim
- Setting Up All Necessary Insurance Claims After a Car Accident
- Getting Your Car Repaired or Replaced After an Auto Accident
- Obtaining Immediate Financial Assistance After a Car Accident
- Medical Treatment With Delayed Billing After a Car Accident Injury
- Establishing Your Lost Wages and Other Economic Damages After an Auto Accident Injury
- Non-Economic Damages You May Be Able to Recover in a Texas Car Accident Injury Claim
- Additional Damages You May Be Able to Recover if You Were Injured by a Drunk Driver
- Additional Damages You May Be Able to Recover in a Car Accident Wrongful Death Claim
- Negotiating Your Car Accident Injury Settlement
- Settling Your Car Accident Injury Claim vs. Filing a Lawsuit
- Injured Children / Injury Accidents with City or Government Vehicles / Miscellaneous
Call Our Dallas Auto Accident Attorneys Now!
The actions you take and the decisions you make in the days, weeks, and months following an auto accident injury will make or break your insurance claim.
Take action now if you were injured by contacting us for a free consultation. You have nothing to lose, considering our Dallas car accident lawyers don’t ever charge a fee unless a recovery is obtained. Call (214) 747-5240.
We offer a discounted 29% contingency fee (if you mention this ad) on any Texas car accident injury claims that settle without requiring litigation. This special offer could potentially put thousands more in your pocket over the standard contingency fee of 33.3%, which is what most auto accident attorneys charge.