5 Things a Lawyer Looks at When Analyzing a Motor Vehicle Accident CaseApril 3, 2018
After an auto wreck, victims can be uncertain as to whether they have a claim for recovery and, if so, how to proceed with that claim.
To determine the legal options, it is usually necessary to carefully go over certain factors associated with the accident. Though these factors can vary according to the specifics of a particular crash, in general, there are a handful of things that attorneys will typically analyze when it’s time to identify liability and victims’ recovery options.
The following reveals more about the five most common factors lawyers assess when analyzing potential auto accident claims.
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Evaluating a Potential Car Crash Claim: The Factors a Lawyer Typically Analyzes
- The date of the accident – The crash date will determine whether a potential claim falls within (or outside of) the statute of limitations, which are the state-set deadlines for filing these cases. According to Texas law, car accident victims have two years from the date of their accident (or the date on which the crash-related injuries are discovered) to file a claim (with some exceptions). Consequently, a lawyer will be looking for the date of the accident to figure out whether the statute of limitations has expired.
- The police report – This accident report usually contains a lot of important details regarding a crash, like the location/date/time of the accident, accident photos, and witness statements (for example). While all of these details can be important to a future car accident claim, most commonly, an attorney will be first looking at the report’s findings of fault for the crash. If some party other than the victim(s) was primarily at fault, the victim(s) will likely have grounds to pursue a claim for recovery.
- The fault for the crash – The police report is not the only (or necessarily the right) determinant of fault for an accident. Sometimes, these reports get it wrong, exclude important evidence, and/or are based on limited investigations. This is where an attorney can be crucial to further investigating a wreck and uncovering all at-fault parties. If the findings indicate a victim may have been at least partly responsible for an accident, Texas negligence law1 will still allow the victim to seek compensation as long as his or her degree of fault is 50 percent or less.
- Medical treatment sought or obtained – In particular, a lawyer will be looking at whether and when accident victims received medical treatment and whether they followed through with the prescribed treatment(s). Delays or gaps in medical treatment can complicate a case, as they can open up room for insurance companies to argue that the injuries were not that severe or that the injuries were caused by an event that occurred after the accident.
- Property damage – An attorney will assess the severity of the property damage to evaluate the extent of the harm caused by the accident. While this can help determine the value of a given claim, it may also shed light on whether it’s in victims’ best interests to negotiate a settlement, battle a case out in court, etc.
Analyzing Auto Crash Claims: The Bottom Line
Clearly, there can be a lot of factors to analyze in the aftermath of a motor vehicle accident. By retaining and working with an attorney – like a Houston car accident lawyer at the Amaro Law Firm, you can be sure that your potential claim is in experienced hands and that you have trusted advocates in your corner, working tirelessly to help you recover.
Position Your Car Accident Claim for Success: Contact a Houston Car Accident Attorney at the Amaro Law Firm
A Houston car accident attorney at the Amaro Law Firm is ready to partner with you in the pursuit of recovery and justice if you or a loved one has been hurt in any type of motor vehicle accident.
1: Complete text of Texas negligence law