Fort Worth Car Accident Attorneys

Proving Liability in a Car Accident Claim

While various parties may be responsible for car accidents, other motorists are often the primary liable party. To successfully recover compensation, you must meet the burden of proof by establishing the following elements:

Duty of Care

The defendant owed you a duty of care, such as obeying posted speed limits, red lights, and other traffic laws. 

Breach of Duty

The defendant breached their duty by acting negligently, such as driving while distracted or impaired by drugs or alcohol. 

Causation

The car accident and resulting injuries would not have occurred if not for the defendant’s negligence.

Damages

You suffered measurable harm or losses as a result of the defendant’s actions, such as lost earnings or medical bills. 

Essential Elements of a Successful Car Accident Claim

Suffering an injury isn’t sufficient to recover damages in a car accident claim. Plaintiffs must meet strict rules and legal requirements, including filing a claim within the two-year statute of limitations, establishing liability by a preponderance of the evidence, and providing clear documentation for injuries and losses. 

Our firm is dedicated to reducing stress and providing clarity during this challenging time by guiding you through each stage of the claims process. From investigating the accident to gathering medical records, police reports, and witness statements, our attorneys can work tirelessly to build a successful case while you focus on healing.

Overcoming Legal Hurdles in Car Accident Claims: How We Maximize Your Financial Recovery

Recovering from a serious car crash is stressful enough without complex and lengthy legal battles. Fortunately, our firm is here to help you navigate the unique legal hurdles involved in car accident claims. 

Below are some invaluable ways that we work to maximize your financial recovery:

Navigating the 51% Bar Rule 

Texas follows a modified comparative fault rule, meaning plaintiffs cannot recover damages after a car accident if their fault is 51% or more. Insurance adjusters often exaggerate minor mistakes to blame victims. We can present compelling evidence of liability and push back against unfair allegations to protect your right to compensation.

Reducing Hospital & Insurance Liens 

After a car accident, emergency treatment or ongoing care can trigger hospital liens or subrogation claims from your health insurer, which can take a significant portion of your settlement. We can negotiate with hospitals and insurers so your settlement reflects what you actually need for recovery. 

Calculating Medical Costs

Car accident victims can only recover medical expenses that are “paid or incurred” under state law, which can lead to confusing billing adjustments or write-offs from multiple providers. We can examine your medical records and work with billing experts to document and present legitimate costs.

Fighting Insurance in UM/UIM Claims

If the car accident was caused by an uninsured or underinsured driver, your own UM/UIM coverage may be the only path to recovery. Insurance companies often challenge damages and limit payouts in these cases. We can protect your rights by handling negotiations and any disputes that arise. 

Holding Auto Insurers Accountable Under the Stowers Doctrine

State law allows a Stowers demand when an at-fault driver’s insurer refuses a just settlement offer. This doctrine holds the insurer responsible for the full verdict at trial even if it exceeds policy limits. We leverage this legal tool to protect clients from unnecessary delays and lowball offers.