How Much Does A Lawyer Cost For A Car Accident In Houston
One of the significant impediments to hiring a car accident lawyer after an accident is not knowing how much they will charge.
Car accident lawyers have no upfront charges for victims of vehicle accidents. Instead, they charge a contingency fee that they recover from the final settlement. Consequently, if the car accident victim does not receive compensation, their lawyer doesn’t get paid.
Moreover, Houston car accident lawyers offer free consultation. Therefore, an accident victim can visit several law firms to determine the best lawyer to work with in their case.
When they decide on the lawyer to work with, they must discuss the charges and other financial costs of their suit.
This brings us to the question, how much is the contingency fee?
Without a law ascribing the cost of personal injury lawsuits, auto accident attorneys charge from 20% to 45% of the total compensation their clients receive.
How much a law firm may charge for a contingency fee depends on the work required to have a successful outcome on the case and how much it will cost them to achieve their goal.
A significant benefit of contingency fees is that your personal injury lawyer works hard to ensure you receive compensation so that they get paid.
Here are some costs that law firms are likely to consider when charging a contingency fee.
Court fees
If your case goes to court, your car accident lawyer must pay court fees to file the case for it to start. This expense will be recovered at the end of the case from your final settlement. The higher the court, the more the filing fees.
Deposition Costs
To heighten the chances of getting the requested settlement, your personal injury lawyer must conduct a deposition of the accident witnesses. Depositions are expensive affairs that take up much time and staff depending on the number of witnesses involved. They require law firms to hire audio-visual recording equipment and ideal locations.
Investigation Fees
To help their clients receive the required compensation amounts, law firms hire investigators. Law firms without in-house investigators outsource the service and costs recovered from the received settlement amount.
Car accident investigations help to determine liability. They involve expensive processes such as accident scene reconstruction, resulting in high costs that take up a large part of the settlement.
Expert Witness Consultation Costs
Another significant cost that car accident attorneys must incur to ensure their car crash clients receive sufficient compensation is consulting expert witnesses. Often, these are doctors who provide clarification on the extent of injuries on their clients that may lead to loss of future income.
Other costs may arise in the course of seeking justice. However, experienced car accident lawyers ensure that they provide this information to their clients before they start the attorney-client relationship to ease the administration of the compensation when it is received.
5 Essential Steps to Follow After an Accident to Guarantee Insurance Compensation
Car accidents can be overwhelming and unsettling. The confusion that comes with them may cause the involved persons not to know what to do in the immediate aftermath. No matter how minor the accident is, every insurance policy requires drivers to report accidents immediately after they happen to guarantee smooth insurance compensation. Here are five essential steps after an accident to guarantee insurance compensation.
Remain at the scene of the accident
- Car accidents can be overwhelming and unsettling. The confusion that comes with them may cause the involved persons not to know what to do in the immediate aftermath. No matter how minor the accident is, every insurance policy requires drivers to report accidents immediately after they happen to guarantee smooth insurance compensation. Here are five essential steps after an accident to guarantee insurance compensation.
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Remain at the scene of the accident
Fleeing an accident scene is considered illegal, whether at fault or not. The only exception is if you are in a life-threatening situation. After an accident, move your car out of the traffic flow if possible. If not, switch off your car engine and turn your hazard lights on to alert other road users that your vehicle is not working correctly.
- While still in the car, access yourself, and other passengers, if any, for any possible personal injuries. If you are seriously injured, alert other road users and wait for their help. Unnecessary movements can cause additional pain and injury, complicating the recovery process.
- If it is a minor injury with car damage and no personal injuries, you can leave your car and try to assess the damage as you report the incident to the authorities.
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Why You Should Never Leave the Scene of a Car Accident
Failure to remain at the scene of the accident may open a door for a comparative negligence claim against you. Comparative negligence is a principle used to assign blame in auto accidents by determining the fault and negligence of each involved party. It ensures that the damages from accidents are awarded proportionally between the involved parties.
- Fleeing the scene can hinder the appropriate apportioning, especially if you are not at fault. The at-fault driver can attribute the entire blame for the car accident to you, especially in the absence of an independent witness. If this happens, you will not recover damages. Your chances of getting any monetary award also diminish.
- Remaining at the scene of the car crash also ensures an accurate accident record, making it easier to prove you are not at fault.
Call Your Insurance Company
Contacting your insurer promptly is one of the essential steps to follow after an accident to guarantee insurance compensation. Most people are reluctant because they believe that they can sort it themselves. Others fear when significant damages occur due to the fear of increased premiums.
Reporting an accident to your insurer should not feel like an obligation because you agreed to it when you took the insurance policy. You could face heavy penalties for withholding this information, depending on the policy terms. In other incidents, your insurance company may also have the right to deny coverage.
In cases where the other driver is uninsured, and you have not reported the accident to your insurer on time, you could be obliged to cover all the damages on your own. Alerting your insurance company on time guarantees you compensation through underinsured coverage. The other driver might also decide to file a claim. If you do not alert your insurer, they might deny any claims, forcing you to pay from your pocket.
Usually, accidents are not what they appear to be at first sight. The car damages and personal injuries may be more complex when thoroughly examined. A proper assessment might take several days. If you have yet to immediately alert your insurer of the accident, the insurance company has the right to refuse coverage. You may also spend more money on your injuries due to an overlook.
It can take quite a while for an insurance company to settle. Therefore, reporting the incident, even when not at fault, allows you to seek immediate car repairs through your coverage. Alerting your insurance company after an accident is also important because it can help you find the best settlement.
Call the Local Police or Authorities
Informing local authorities after an accident is a legal requirement for both major and minor crashes. Local authorities ensure you get prompt help in case of car damages, injuries, or death. They are essential in starting the medical process, especially in significant accident scenarios. Local authorities can clear the way for the ambulance and help EMTs move injured people to the ambulance.
After an accident, road users tend to crowd at the scene. Local authorities help disperse such crowds significantly if they interfere with traffic flow. Dispersing such crowds is also crucial in protecting accident scenes for ease during investigations. It also prevents further damage and tampering with the location. It also becomes more accessible for the police to gather witness reports, collect information on the parties involved and inspect damages and injuries without distractions.
Calling local authorities is also one of the essential steps to follow after an accident to guarantee insurance compensation because of the report they issue. These reports are vital as they document what happened during the accident. They are considered more objective than word of mouth by insurance companies. They also hold more weight as evidence in a court action.
What Does a Police Accident Report Contain?
- The date and location of the accident.
- Each driver’s name, identification card number, address, contact information, and driver’s license number.
- The make and model of the vehicles and their license plate numbers.
- Basic information on the passengers and other witnesses.
- Detailed information about the accident.
- Statements from the involved parties and the witnesses.
- Record the Details of the Accident
After an accident, the documentation of the details using pictures and video clips is priceless. It is one of the essential steps to follow after an accident to guarantee insurance compensation because, over time, accident memories fade. Therefore, if you are still in the right physical state, leave your car and document as much information as possible using your smartphone. Remember also to include the contact information of any witnesses.
Why is it the Importance of Car Accident Photographs?
A photograph can provide proof of how and why an accident occurred. It also clearly displays the extent of damages and personal injuries inflicted on the involved parties. When taking photos of the damage, taking some of the surrounding environment is vital. Going through them later, you might discover another eyewitness or a security camera that might have caught the entire accident.
It is vital also to consider taking pictures of the traffic signs, if there are any, around the scene of the accident. You are probably wondering why this matters, but knowing the traffic signs on that particular road section is a clue towards re-constructing how the accident happened. It also helps in identifying who is at fault for the accident.
Taking pictures of the police, witnesses, and the other driver is also crucial. If your attorney requires several witnesses for a testimony, it will be easier for you to identify them. Taking pictures of the police officers at the scene of the accident makes it easier for you to identify them in case of any necessary additions to their report. If you are too injured to take pictures, request one of the road users, the medical team, or the police to do it for you.
File an Insurance Claim
Filing for an insurance claim is one of the essential steps to follow after an accident because it is the first step toward being compensated. There are two types of insurance claims; first-party and third-party claims. A first-party claim is filed with your insurance company, while a third-party claim is the one you file with the other driver’s insurance company.
The type of claim you file depends on the available insurance coverage, the accident that occurred, and the driver at fault. After presenting the necessary documents required to file a claim, your insurance company will open an investigation into your claim because the police report does not ultimately determine who is at fault. It is only a guiding document.
During the investigation, the insurance company may require a detailed account of the accident. Most cases include pictures and clips of the scene of the accident, the car damages, personal injuries, witnesses, and their contact information. After calculating the value of your claim, the insurance company then gives you a settlement.
If the insurance company denies your claim or if you believe that the settlement issued should have been higher, you may negotiate with the insurance company. Depending on the insurance company, negotiations may not be viable. In such a situation, you can appeal the company’s decision, where you will be required to submit additional information and evidence about the accident to support your claim.
Documents Required to Make a Claim
- A copy of your insurance policy.
- A copy of your car’s registration certificate.
- A copy of your driving license.
- A detailed estimate of the repairs.
- Medical receipts in cases of personal injuries.
- Records of other expenses that you might have incurred.
Common Defenses Used By Insurances Companies In Car Accident Lawsuits
Insurance companies will work tirelessly to avoid having to pay damages in a car accident case. In their efforts, they are likely to employ defense tactics such as claiming the crash was:
Unavoidable
Negligence does not apply in an unavoidable accident. By proving that the crash was inevitable, the insurance company absolves the at-fault driver of any responsibility.
Caused by a Sudden Emergency
The insurance company can avoid paying damages if they prove that the crash occurred due to a sudden emergency. They have to establish that the emergency did not arise from negligence, was not created by the driver’s actions, and was unexpected. They may also try to show that the driver acted with ordinary care.
Caused by a New and Independent Cause
With this defense, the insurance company will accept partial responsibility for the accident. They will also argue that a third party was liable for the victim’s injuries and that this cause was unforeseeable. For this defense to be successful, the insurance company will then prove that the third party’s influence superseded the at-fault driver’s negligence.
An Act of God
This is the least used defense. It requires the insurance company to prove that the accident was a natural occurrence that happened without any human intervention. The basis of this argument is that human beings can’t be held responsible for events beyond their control.
For success, the insurance company may argue using factors like fog, rain, or wildfire smoke as acts of God. Husain Law and Associates Truck Accident Lawyers has a combined experience of more than 50 years. We have handled cases involving these defenses many times.
Whatever the insurance company throws at us, we will fight it to make sure you get the maximum compensation possible for your misery.
What Happens In A Houston Car Accident Claim Or Lawsuit?
Generally, most car accident claims do not result in lawsuits. They are often solved through negotiations with the insurance company. Nonetheless, if our Houston car accidents lawyer believes that your case requires a trial, they will advise you on how to pursue it.
A typical claim includes the following steps:
Investigation
During this stage, the attorneys seek to determine fault. This includes investigating the nature and cause of the accident to prove negligence. The attorney may study police reports, talk to the other driver, or interrogate willing witnesses.
Negligence is present when a driver acts or fails to act responsibly and, in turn, causes harm to someone else. Common examples of driver negligence include:
- Over speeding – This is driving faster than the posted speed limit. It could also refer to driving too fast for the prevailing weather condition or road design.
- Distracted driving – Includes driving while performing activities such as texting, talking on the phone, sending emails, applying makeup, or playing with a pet.
- Drunk driving – This is driving with a blood-alcohol level beyond 0.08, which is the legal limit. It could also refer to driving while under the influence of a combination of alcohol and another illegal drug.
- Drowsy driving – Refers to driving while fatigued or falling asleep at the wheel.
- Aggressive driving – Includes behavior such as tailgating, running a red light, or making dangerous passes.
It is important to note that fault may not always be placed on the other driver. In some instances, the attorney will have to turn to other at-fault parties such as a:
- Parts manufacturer or auto company whose features included a defect
- The mechanic who failed to make the car safe by completing a repair
- Government agency that failed to repair a road
- A contractor who failed to clear a hazard or create appropriate warnings
Filing an Insurance Claim or Lawsuit
After investigation, your attorney will present a compensation claim to the insurance company. The insurer can then agree or decline to pay the requested amount. They may also opt for further negotiations.
In most cases, it is advisable to let your attorney handle any negotiations. They may take a while, but the goal is to get you the compensation you deserve. On the rare occasion that negotiations fail to yield the intended results, your attorney may advise you to pursue litigation.
Again, the attorney will handle the entire process of filing a lawsuit. Your attorney and the insurance company can still negotiate before the date of the trial. If an agreement is reached before then, the lawsuit is dropped. If not, it goes to court.
Settlement
If negotiations are successful, you and the insurance company can settle. The alternative is a verdict obtained through court proceedings. Either way, you can take steps to recover your settlement amount.
This will often include a short wait as your attorney pays out any outstanding bills. The attorney will then extract legal fees and send you a check for the remaining amount. Remember, every car accidents case is unique.
The entire process from start to finish may take anywhere from a few months to several years. The duration often depends on factors such as:
- The severity of injuries suffered by the victim
- The extent of property damage
- Insurance policy specifics
- Ease of determining fault
- Amount and quality of evidence available for the case
Also, not every car accidents case will go through every step mentioned here. To better understand what to expect from your case, it is best to work closely with Husain Law and Associates Truck Accident Lawyers
Testimonial
Definitely the best litigation law firm that assisted me with my case. Mr. Husain leave mediation until he received a settlement that he deemed was suitable for what my case was worth. I am very pleased with the outcome and the hard work he put into it through the entire process.
He had an amazing staff as well that answered their phones and responded to every voicemail and email I left within 24hrs. I MUST say thank you to Ms. Brenda Leal, I think I bugged her the most, but she answered me every time with straightforward answers and with an upbeat attitude. Thank You All So Much!!!
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