You have been in a Houston car accident, and you are now frantically searching for an experienced Houston car accident attorney. Domingo Garcia Law Office could help you with your current car crash and everything required to investigate your claim.
You should not talk to anyone about your car accident case until you have had a free case evaluation with one of our attorneys. A Houston car crash attorney at Domingo Garcia Law Office can offer FREE legal advice and medical treatment until we win your case!
About Our Top-Rated Injury Attorneys
Our team at the Law Office of Domingo Garcia has dedicated more than 30 years of practice focusing on personal injury claims for injury victims across the state of Texas. We are prepared to help accident survivors and their families recover maximum compensation for their damages through our zealous advocacy.
We demand insurance companies be held accountable to their financial obligation. We fight for all liable parties to be brought to justice. Your truck accident attorney at the Law Offices of Domingo Garcia will help you get the medical care you need and work with you on contingency so cost doesn’t hold you back from obtaining the legal guidance and support you need to get through these difficult times.
Domingo Garcia
Personal injury attorney Domingo Garcia has been representing accident victims for over 35 years! One of Domingo’s first legal victories happened in 1995 with a jury awarding his client, a car accident victim, $1,100,000 for his injuries sustained in the wreck.
Domingo has surrounded himself with the highest experienced and qualified legal team that recently recovered $4,000,000 for our client who wrongfully passed away from a bar and alcohol-related crash.
In 2019, accident attorney Domingo Garcia earned a spot in the Texas Top 50 Settlement for 2019. With over 35 years of experience and considered one of the best car accident attorneys, Domingo Garcia will ensure that all your worries, concerns, injuries, and car damages are handled by a team solely dedicated to you. Let us deal with your problems and focus on your treatment and recovery to get better.
For a free legal consultation with a Personal Injury lawyer serving Houston, call (713) 349-1500
Why Choose the Law Offices of Domingo Garcia to Take On Your Car Accident Claim in Houston?
Personal injury attorney Domingo Garcia has a long track record of success. A recent win of nearly $3.8 million is just one example of how our dedicated attorneys are not going to back down from a fight when our client’s livelihood and wellbeing is on the line.
Our Houston car accident attorneys are prepared to help you fight for the compensation that you are entitled to. When you aren’t sure where to turn for help getting justice, the Law Offices of Domingo Garcia is here to help you through these challenging times.
Houston Car Accident Lawyer Near Me (713) 349-1500
What to Do After a Houston Car Accident
When you have suffered serious injuries in a car accident, it is critical that you obtain a medical evaluation as soon as possible to rule out any invisible injuries and protect your future injury settlement. Here are some of the first steps you should take in the aftermath of your car accident in Houston:
1. Get to Safety
First, park your vehicle in a safe location out of the way of traffic and contact law enforcement. Report that there has been a collision so police can come to protect you and other victims from further injury.
2. Contact the Police
Getting law enforcement and emergency responders to the accident scene is essential. Police can direct traffic and fill out accident reports that could provide valuable evidence to establish liability in your insurance and civil claims.
3. Obtain Involved Party’s Insurance Information
Texas is a fault state for car accidents and insurance purposes so you will need to file a claim with the liable party’s insurance provider. At the accident scene, be sure to swap insurance information so you can file your claim in a timely manner.
4. Get a Medical Evaluation
Car accident injuries are often catastrophic. Even if you feel “fine”, it is important to get evaluated to rule out internal injuries and reduce the chances that the defense has to argue that your injuries were caused in another way by securing medical records that carefully document your injuries.
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Most Common Car Accident-Related Injuries
There are endless ways motor vehicle accident injuries can occur. However, there are some types we see far more often than others within the Houston civil court system, including:
- Neck and Back Injuries: More commonly referred to as whiplash, neck and back injuries are caused by extreme force in a collision when the neck absorbs the impact of the accident. Whiplash can result in disc herniations that require extensive therapy, injections and even surgery in order to treat the pain and symptoms.
- Lacerations and internal injuries: Car accidents are often known for producing internal injuries including organ failure and internal bleeding. Lacerations can lead to sepsis which could even be fatal.
- Traumatic brain injuries: Head injuries, concussions, abrasions, and contusions are just a few of the more common types of traumatic brain damage you could endure in a car accident.
- Knee, shoulder, wrist and other orthopedic injuries (please fill in details)
No matter what type of car accident you were involved in or what injuries you sustained, obtaining medical care in the immediate aftermath of your accident is essential.
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Common Types of Car Accidents to Sue For
Houston car accidents can occur in a multitude of ways. Your attorney will need to closely examine the type of car accident you were involved in to establish liability and gather the evidence needed to support your case.
With that in mind, there are some types of car accidents seen far more frequently in Houston civil court than others. Some of these types of car accidents include:
- Sideswipe accidents
- Single-car accidents
- Multi-vehicle accidents
- Accidents involving commercial trucks
- Rollover accidents
- T-bone accidents
- Rear-end collisions
- Head-on collisions
- Accidents involving drunk drivers
- Accidents involving distracted drivers
- Highway accidents
- Accidents at intersections
- Collisions involving motorcycles
These are only a few of the more common types of car accidents you could have been injured in. If you suffered serious injuries in another type of motor vehicle accident, be sure to contact our office to discuss your legal options for financial recovery.
Do You Have Grounds for a Houston Car Accident Claim?
You may not be sure whether you have the right to move forward with a car accident claim in Houston. When you are still recuperating from your injuries, you may be hesitant to contact a lawyer for help, for fear that your injuries are not severe enough to warrant legal action. However, it is important to remember that it is not the type of injury you have suffered that will determine your right to financial compensation.
Instead, your attorney will need to show that your injuries have had a substantial impact on your life in some way. This could include financial losses, physical pain and suffering, emotional trauma, and other damages. However, this is not the only way to tell if you have grounds for a car accident case.
You must also be able to show that another party’s negligence or misconduct was the cause of your car accident. Again, it may not be clear whether someone else is responsible for causing your accident. For this reason, when you have your suspicions that someone else could have caused your injuries, it is important to get a car accident attorney on your case who can open up an investigation and uncover the truth.
How to Prove Fault for a Car Accident in Houston
One of your lawyer’s most important responsibilities following a Houston car accident will be approving liability. One of the only ways you can recover compensation for your damages by showing that someone else is at fault for causing your accident or resulting injuries.
In court, the burden of proof will be based on a preponderance of the evidence. Your attorney will need to gather compelling evidence that shows the judge or jury that the defendant is most likely responsible for your injuries. Here’s more about establishing culpability in a Houston car accident:
Liability for Houston Car Accidents
There are limitless individuals and entities who could share fault for causing your Houston car accident, depending on the details of your case. However, the vast majority of motor vehicle accidents are caused by:
- Negligent Driving – Some examples of negligent driving could include distracted driving, drunk driving, driving while fatigued, drugged driving, speeding, failure to yield, failure to stop, failure to use a turn signal, and reckless driving, among others.
- Dangerous road conditions – Unsecured road construction zones, missing or malfunctioning street lights or signs, large potholes, and other hazardous road conditions have all been known to cause catastrophic car accidents in Houston. Government agencies, municipalities, safety inspectors, government officials, construction workers, contractors and subcontractors, and other third parties could all share liability for accidents caused by dangerous road conditions.
- Reckless bars and restaurants – Establishments that serve or sell alcohol have a responsibility to refuse the sale to an individual who is already under the influence. These dram shops can be held accountable when they negligently sell alcohol to someone who goes on to cause a car accident due to their drunk driving.
- Defective or malfunctioning auto parts – When auto parts are defective or malfunctioning, many entities can share liability, including maintenance technicians, safety inspectors, auto parts manufacturers, distributors, designers, suppliers, motor vehicle dealerships, and other third parties.
Evidence Needed to Support Your Case
Since the burden of proof is based on the evidence your attorney presents in court, this evidence must be compelling. Fortunately, car accident cases are known for producing valuable evidence. Some of the more common types of evidence that can be used to prove liability in a Houston car accident claim include:
- CCTV footage
- Accident reconstructionist reports
- Injury reconstructionist reports
- Photos of your injuries
- Photos of the accident scene
- Police reports
- Crash reports
- Safety logs
- Safety inspection reports
- Maintenance records
- Medical records
- Witness statements
How Car Accident Victims in Houston Are Compensated
When you have suffered devastating injuries in a car accident, you have the right to be compensated for every way your life has been affected by your injuries. You should be repaid for every loss, whether they have a financial value or need to be quantified by your attorney.
With that in mind, there are two primary ways to recover maximum compensation following a car accident. This includes filing a claim with the insurance company and bringing your case to court (also called “litigation”). Here is more about these legal options and what to expect from the car accident claims process:
Insurance Settlements
One of the top ways car accident victims recover compensation for their damages is by filing a claim with the insurance company. Texas is a fault state for auto insurance and car accident purposes. This means when you were involved in a collision, you will file a claim with the liable or responsible party’s insurance provider. This is, of course, providing the liable party carries auto insurance coverage as required by law.
It is important to keep in mind that insurance settlements are unlikely to cover your damages in full. Insurance companies are only required to compensate claimants based on the limits of the policyholder‘s policy. This means if the defendant only purchases the minimum amount of auto insurance coverage under the law, and your expenses exceed this limit, there will be excess damages the insurance company is not financially obligated to cover.
For this reason, you should always be prepared to file a civil claim against the liable party, as your insurance settlement may not adequately meet your needs.
How to Deal with the Insurance Company
Beyond how insurance settlements work, it is also important to prepare for dealing with the insurance company itself. Insurance adjusters may seem polite enough, but it is important to remember that insurance adjusters are not on your side. Insurance companies will masquerade as being claimant-friendly, but at the end of the day, the insurance company will always prioritize their own financial interests over yours.
Insurance companies have been known to take advantage of injury victims by denying their claims in bad faith, attempting to place blame on them for the accident, delaying the processing of their claims, and even making lowball settlement offers. If you hope to avoid being taken advantage of in your greatest time of need, you may need to have your attorney step in and advocate for your right to maximum compensation.
Trial Verdicts
When the liable party does not offer a fair settlement to cover all of your losses, you have the right to move forward with a personal injury lawsuit against the at-fault party.
In filing a lawsuit, you have the opportunity to recover both economic and non-economic damages. Also commonly referred to as compensatory damages, some of the more common types of losses you may be able to recoup in your Houston car accident lawsuit include:
- Physical pain and suffering
- Mental anguish
- Physical Impairment
- Disfigurement as a result of scarring or amputation
- Diminished quality of life
- Medical Bills in the past and that you will likely need in the future
- Loss of Earnings or Earnings Capacity
- Costs of prescription medications
- Costs of physical or occupational therapies
- Cost of mental health counseling
- Medical home accommodation fees
- Costs of medical equipment such as wheelchairs, prosthetics, hospital beds, shower rails, and more
- Loss of consortium
- Costs of repairing or replacing your vehicle
- Other property damages
At trial, you also could be awarded punitive damages. Although awarded rarely, if punitive damages are awarded, it means the courts find the defendant’s actions grossly negligent.
The court system finds it necessary to punish the defendant beyond the special damages you are entitled to and send a message to the Houston community that similar actions will not be tolerated by the civil courts.
How Attorney Domingo Garcia Can Help with Your Houston Accident
Our attorney will help you with your car accident claim in a variety of ways.
Free Case Reviews
Do not let fears regarding the cost of an attorney hold you back from getting the legal help you need. Our team at the Law Offices of Domingo Garcia offers free consultations and work on contingency.
Help Getting Medical Care
Our firm will help you get the medical treatment and care you need. We will get your medical payments delayed until after we have recovered compensation in your case even if you do not have health insurance .
Evaluating Property Damage
When your vehicle has suffered serious property damages, we will help get you into a rental car and work to get your vehicle repaired or replaced with all necessary costs covered by the insurance company. If we are handling your personal injury car wreck case, we will handle your property damage claim FOR FREE!
Reviewing Pain and Suffering
Pain and suffering can be both physical and emotional. It is not uncommon for car accident survivors to suffer from emotional distress and post-traumatic stress disorder (PTSD) in the aftermath of the accident. Our firm will fight to get you the most out of your claim.
Types of Car Insurance Coverage in Texas
Types of car insurance coverage include the following.
Liability Coverage
Texas law requires drivers to purchase a minimum of $30,000 per accident in bodily injury liability and property damages liability coverage. Bodily injury liability coverage will cover your medical expenses while property damage liability coverage is meant to cover vehicle damages.
Personal Injury Protection
Personal injury protection (PIP) coverage is available upon request and allows you to file a claim with your own insurance company in the event of an accident no matter who is at fault for the collision to cover lost wages, earnings or out of pocket medical bills.
Uninsured / Under-Insured Motorist
Underinsured and uninsured motorist coverage is designed to cover your costs if ever you are involved in a car accident with an underinsured or uninsured driver. THIS NEEDS A LOT MORE EXPLANATION AND CONTENT
GAP Coverage
When financing a vehicle, gap insurance will cover the remaining balance on your vehicle after the insurance company has totaled your car or if your vehicle was stolen.
My Options as a Passenger in a Car Accident
In some cases, a passenger may potentially file a claim for injuries sustained in a single car accident or where the driver of their vehicle is partially or totally at fault A third-party injury claim can be filed against the driver of the vehicle you were hurt in. As a passenger in an accident, you are entitled to seek help for your injuries. However, every situation is different. For instance, if you were a passenger in a vehicle where the driver of the car was driving recklessly and crashed.
Passengers then can file a third-party injury claim against the “at-fault” driver’s insurance company. When scenarios like this occur, many injured passengers are usually afraid to take this route because they know the driver personally and do not want to get them in trouble. However, this is not accurate. In fact, this is the exact reason why we pay for car insurance.
If another car was involved in the collision. Most Houston car accident attorneys would file a claim against the second car’s insurance company, which we refer to as a third party. However, you have the option to file a claim on the second driver’s insurance (third party), the insurance company of the vehicle you were a driver in (1st party), or both.
Texas Car Accident Laws You Need to Know
When you have been involved in a car accident in Houston, there are multiple Texas personal injury and car accident laws you need to be aware of as you pursue your case. Texas’ proportionate responsibility rules, the fault-based system, and the statute of limitations could all have an impact on your ability to recover maximum compensation for your damages. Here is more about what to expect as you move forward with your Houston car accident claim:
How Texas’ Fault System Works
When you have been involved in a car accident in Houston, you will need to file a claim with the liable party’s auto insurance company. This is because Texas follows a fault-based system for auto insurance and accident purposes.
If you purchase your own personal injury protection coverage (PIP), you may be able to file a claim with your own insurance company without regard to fault. However, filing a claim with your own insurer often results in an increase in your insurance premiums when it is time for your policy to renew. You can discuss the insurance claims process further with your attorney.
Proportionate Responsibility
Many car accident victims in Houston have concerns that sharing fault for their injuries means they are not entitled to financial compensation. However, since Texas follows a proportionate responsibility law, this is not the case.
Proportionate responsibility is also commonly known as modified comparative negligence. Here, you can share as much as 50% of the fault for the accident and still be compensated for the portion of the accident that is not your fault. Expect your injury settlement to be reduced to reflect your portion of the liability.
For example, if you were not wearing your seatbelt when you were suddenly struck by a distracted driver, the judge might find you 15% responsible for your injuries. If the jury awarded you $1 million for your damages, your compensation would be reduced by 15%. This would leave you with an injury settlement of $850,000.
If you have concerns surrounding how your case could be affected by the state’s proportionate responsibility laws, you will need to discuss these concerns with your car accident attorney in Houston.
The Statute of Limitations
Under Texas law, car accident and personal injury claims must be filed before the two-year statute of limitations expires. If your claim is not filed before this deadline, you will lose the opportunity to recover compensation for your damages through the Houston civil court system.
Houston Car Accident FAQ
We understand how confusing and overwhelming this time in your life must be. In the hopes of helping you get the support and guidance you need, we have answered some of the most frequently asked questions regarding car accidents in Houston below.
If you have additional questions that we did not cover on this page, be sure to contact our office to discuss your concerns further.
What Happens if My Child Was Injured?
If your child suffered a severe injury in a car accident, they have the same right to financial compensation that an adult would if someone else is at fault for their injuries.
However, because children do not have the capacity to pursue justice on their own, it will be up to you as their parent or legal guardian to step up and advocate for them. You can contact our office for the aggressive legal representation you need to secure the compensation your child deserves.
How Much does It Cost to Hire a Car Accident Lawyer?
Many car accident victims are hesitant to contact a lawyer for help because they are already dealing with considerable expenses and deaths related to their collision. When you cannot afford to hire a lawyer’s help, it can leave you feeling hopeless.
However, Houston car accident attorneys are generally willing to work with car accident victims on contingency. This means you will not be expected to cover any out-of-pocket costs or expenses. Your attorney will handle all of the costs of building your case against the liable party while you recuperate from your injuries. We absorb all of the risk in seeking compensation for your damages.
Once we recover compensation in your case, based on your contingency agreement, only then will you cover your attorney fees. If your lawyer does not produce a recovery in your case, you are not expected to cover anything.
What Are My Options if I Lost a Loved One in a Fatal Car Accident?
Far too many car accidents in Houston cause fatal injuries. If you lost a loved one in a car accident, your family may be able to file a wrongful death lawsuit against the liable party. Here, your attorney can help you hold the individual or entity who caused your loved one’s death accountable to the fullest extent of the law.
However, wrongful death claims are often complex and can only be filed by specific individuals. If you are interested in learning more about the wrongful death claims process in Houston, be sure to reach out to our office to discuss your fatal car accident case.
Contact a Car Accident Lawyer in Houston for Help Today
Although the car accident claims process can be confusing, when you have a dedicated legal advocate on your side, you should be able to focus on healing from your injuries while we work on building a powerful case against the liable party.
Schedule your no-cost, risk-free consultation with an experienced Houston car accident lawyer at Domingo Garcia Law Office when you call our office or complete our convenient contact form today.
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