Car accidents can lead to serious injuries, ranging from soft tissue injuries, like muscular contusions, to far more serious injuries like traumatic brain injuries and spinal injuries. These injuries can lead to complicated medical procedures and other forms of medical treatment that may last for months – and sometimes even years. In particularly serious car accidents, the accident victim may suffer a permanent injury that can impact the remainder of his or her life, causing ongoing pain, problems, symptoms, and complications regarding the affected body part(s).
In addition to the physical trauma that occurs in a car accident, you must also deal with the emotional and financial stress that follows. Understanding this, our Austin Car Accident Attorney here at TK Injury Lawyers we work tirelessly to make the legal process as anxiety-free as possible while we help you facilitate your recovery.
If you or someone you love has suffered injuries in a car accident that was brought on by another person’s negligence, then it is important that you have a knowledgeable team of attorneys on your side representing you throughout each step of the claims process. The Austin car accident lawyers at TK Injury Lawyers, will work to help you obtain monetary compensation for all of the injuries that you suffered in your accident. Give us a call today to learn more about how we may be able to assist you with your car accident claim and help you pursue the compensation and damages that you need.
Those who work with our Austin car accident lawyers — Jim Terry and Trent Kelly — gain the peace of mind that comes from working directly with an experienced advocate at every stage of the legal process. Jim and Trent handle their own cases at all times, so you will never be passed off to another attorney or legal assistant who is unfamiliar with your case.
We offer personal injury representation that is custom-tailored to the specifics of your situation and is designed to obtain a full and fair outcome in an efficient manner.
When it comes to motor vehicle collisions, the State of Texas is a fault-based state. This means that an individual who suffers one or more injuries in a car accident can file a claim or lawsuit directly against the at-fault person or entity (and indirectly, against that person or entity’s insurance company). However, there is a time limit that applies to personal injury and car accident lawsuits in Texas.
In almost all circumstances, a car accident victim must file a lawsuit against the at-fault party within two years of the date of his or her accident. If the accident victim does not file a lawsuit within this time period, he or she will no longer be able to make a claim for monetary compensation in the future arising out of these injuries.
An experienced Austin car accident attorney at TK Injury Lawyers, will be sure to file your lawsuit in a timely manner in order to fall within the two-year Texas statute of limitations on personal injury cases.
Car accidents in and around Austin can occur for a variety of reasons. One common cause of a car accident is negligent driving. When motor vehicle operators are on the road, they have a duty to drive in a reasonable and careful manner – and to obey all Texas traffic laws and rules of the road. Drivers must also refrain from engaging in distracted driving (such as using a cell phone, tablet, or another electronic device in an unlawful manner while driving) and intoxicated driving at all times.
When negligent motor vehicle operators engage in these types of activities while driving and an accident and injuries result, then the accident victim may be able to file a personal injury claim or lawsuit against the driver seeking damages.
Car crashes in Texas occur for a variety of reasons and can lead to a wide range of catastrophic injuries. Some of the most common causes of car wrecks include:
Regardless of the exact cause, if you have been injured in an Austin car accident you should contact our Austin Car Accident Attorneys at Terry & Kelly to find out how you can protect your rights.
“Mr. Terry is an exceptional attorney. James (Jim) is easy to talk to, he explains the process very clearly, and he keeps you informed of events normally before they will occur.” — Karen (client from Austin)
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If you can demonstrate that you suffered injuries in a car accident that resulted from someone else’s carelessness or negligence, then you may be eligible to recover damages. As part of your claim for damages, you may be able to recover compensation for the following:
Not all cases that involve a car accident go to court. Our skilled Austin Car Accident Attorneys can negotiate with the other party in order to secure a settlement before the case even begins. Certain legal elements will play a role in every car accident case, including Establishing Liability in Auto Accident Claims, negligence, and comparative fault.
Liability is defined as the state of being responsible for something, by law. It’s the first thing that comes to mind in an Austin Car Accident case. Who is Liable for the accident, and did they hurt anyone involved? In most cases, there are usually two parties involved in a 1 on 1 collision, but under Certain Situations, there may be a 3rd party involved and these could include:
18-Wheeler Companies: If you have collided with an 18-wheeler in an accident, more than likely, the company who owns the truck will likely get involved. Your Austin Semi-Truck Attorney will have to contend with both, your insurance company to get your proper compensation, as well as the Trucking Companies Insurance to get payment for your troubles.
Defective Auto Parts: Some Collisions happen due to Defective Parts on Motor Vehicles giving out. If you were in an accident caused by a manufacturing error, then your Austin Motor vehicle accident Attorney could help recover compensation.
Road Construction Companies: If an Accident happens to be near, or at, a construction zone, it’s also likely that the Road Construction Companies will have to get involved. If they were found to be the cause of the accident, then they will be entitled to give compensation under the law.
Negligence is when a person has behaved in a thoughtless/careless manner that may have led to injury to another party. The plaintiff has to be able to prove that the Defendant being sued was acting Negligently.
He or she has to be able to demonstrate that:
Are you in a state where a modified comparative fault rule has been enacted? Here in Texas, the rule might be relevant in your motor vehicle accident case. This also applies if you settle outside of court.
Many car accident victims wonder whether it is really necessary to hire a lawyer after a crash. There is no requirement that you need a law firm to file an insurance claim, but the reality is that an attorney can help collision victims in many ways.
First, know that insurance companies are not easy to deal with. They do everything they can to limit the payment you receive or even deny your claim completely. Adjusters have many tricks they use to get injured accident victims to accept far less than they deserve. They might request documents repeatedly, delay your claim, and convince you to accept an inadequate settlement.
When you have the right lawyer on your side, they will deal with the insurance companies for you. They will compile all the evidence needed to support your claim, including:
You might worry that having help with your insurance claim will cost too much in legal fees to be worth it. However, car accident attorneys handle claims on a contingency fee basis. This means that they do not receive any fees up front, and they do not get paid anything if you do not get compensation. If your claim is successful, their fees come directly from that payment, so you never need to pay anything out of pocket. This means that it is always worth it to seek legal help with a motor vehicle accident claim.
One of the most important tasks an attorney takes on is negotiating a fair settlement with the insurance company. The insurer will certainly make a lowball offer right out of the gate, and you should never accept an offer without talking to an attorney first.
A car accident lawyer in Austin can negotiate and provide additional information to maximize the settlement offer you get. In some cases, negotiations can result in an offer that covers your losses, so you can resolve your case there and then.
If the insurance company refuses to offer enough, you have other options. Your lawyer can escalate the matter by filing a personal injury lawsuit in civil court. This begins the car accident litigation process, which can be highly complicated.
If you need to file a lawsuit, you want an attorney with auto accident litigation experience handling the entire process. There are many rules and procedures during litigation, and your attorney can navigate the process while trying to negotiate a settlement agreement.
If you cannot reach an agreement, your case will need to go to court. Having the right trial attorney is critical to the success of your case if you need to go before a jury.
An auto wreck is often a traumatic event. You will be shaken up, and the scene might be chaotic. It is important to stay calm and remember what you should do to protect your health and your legal rights.
While you might hesitate to call 911, it is a good idea. First, it will make sure you comply with Texas law regarding accident reporting. Second, 911 will also dispatch emergency medical personnel who can attend to your injuries right away if needed.
A police officer will determine whether another driver should receive a citation for a traffic offense, or if a driver should be arrested for drunk driving or another criminal offense. If a citation or criminal case results, it can help your future car accident claim.
One thing you learn as a new driver is to always exchange insurance information with others involved in the crash. If the other driver tries to offer you payment instead of going through insurance, it is never a good idea to accept this. Instead, request their insurance information, or they need to admit if they do not have the required insurance. If you are too injured to do this, you will need to get the information from the police at a later date.
If you can, you should take whatever steps you can to document the accident scene. This can include taking pictures with your smartphone of the vehicles, the surrounding area, and any other details that might be relevant to the cause of the accident.
Make sure that you record a message or write down the injuries you have, taking pictures of any bleeding, lacerations, or other visible injuries.
Witnesses are often key to proving what happened and who caused the collision. If witnesses stopped at the scene to help, make sure to collect their basic contact information, including name and phone number. The police should also get this information in case you need an ambulance ride and cannot talk to anyone.
If you know another driver was to blame for the car accident, you might think you don’t need to contact your own insurance company. However, it is important to do so as soon as possible after the crash. Give them basic details of what happened, including that you think someone else was to blame.
It might be necessary to use certain coverage under your policy, such as uninsured or underinsured motorist coverage, and you cannot have access to this if you don’t properly report the accident right away.
After you receive the medical attention you need for your injuries, your next move should be to call an Austin car accident lawyer. The sooner you do, the sooner the attorney can begin building your case. If you are in the Austin area, Terry & Kelly Injury Lawyers are ready to evaluate your legal rights and start gathering evidence to prove your claim.
There are several car accident laws on the books in Texas that might apply to your case. These can include:
Insurance requirements – Texas has minimum insurance requirements for all drivers, and if a driver violates the law by not having proper insurance, you will need to learn about other options for seeking compensation, such as an uninsured motorist claim.
Modified comparative fault – The other driver might accuse you of being negligent as well to limit their liability. However, under Texas modified comparative fault laws, you can still recover for your losses as long as you were less than 50 percent at fault. Even if you think you did something wrong, too, you should always talk to a lawyer about possible recovery.
Statute of limitations – In Texas, you only have two years to file a lawsuit for personal injury. This means you need to go through the entire insurance claim process first, and then your lawyer needs to prepare the lawsuit all within two years. If you don’t file in two years, your lawsuit will be dismissed. This is why it is important to contact an Austin car accident attorney at Terry & Kelly Injury Lawyers immediately.
Crashes happen in many different ways, and you might suffer injuries in one of the following:
Some of the more common injuries to car accident victims include:
If you have been in a car accident in the Austin Metro Area and find yourself with questions about paying for medical bills, recovering lost wages, repairing your vehicle or anything else related to your injuries, we are here for you.
The legal team at TK Injury Lawyers, is ready to help you pursue the monetary compensation you need for the injuries that you suffered in your car accident. We can assist you with filing your personal injury claim and pursuing a settlement. We can also help you file a lawsuit in your case if your case does not settle in a favorable manner.
For a free legal consultation and case evaluation with an Austin car accident attorney, please call today at (512) 982-9713 or contact us online for more information.
Call TK Injury Lawyers Austin Car Accident Attorneys at 512-982-9713
Clients are very often and understandably concerned about their cars – in addition to their injuries – following a collision.
Depending on the severity of the damage caused to your vehicle, the responsible driver’s insurance company should either pay to have it repaired or pay you fair market value for the vehicle as a “total loss.”
At Terry & Kelly, a team of top rated Austin Personal Injury Lawyers, we are happy to help guide our clients through the process of resolving their property damage claims in addition to their injury claims.
We do this as a courtesy to our injury clients – without charging any fees – so that they can get their cars repaired or replaced and regain their mobility as soon as possible.
It is sometimes difficult for individuals to determine if they have a legal case or need a lawyer to pursue the case on their behalf.
We believe that almost anyone who has been seriously injured due to another person’s negligence can benefit from hiring an effective car accident lawyer in Austin, TX.
The reason is that insurance companies do not owe you any duty to be fair or even honest in adjusting your claims. As a result, individuals are often unprepared to take on an insurance company – with millions of dollars in resources and no obligation to do the right thing.
If you were injured in a car wreck that was not your fault, you likely have legal claims that can be pursued and we would be happy to speak with you about whether we can assist.
We do not charge our injury clients upfront for representation. Traditionally, when you hire an attorney you must pay a cash retainer before the attorney will begin their work.
We are paid for representing personal injury clients through a structure known as a contingent fee arrangement. What that means is we only get paid if we recover money for our clients.
At Terry & Kelly, We believe this structure is ideal in that it aligns the interests of the client and the attorney. In other words, the attorney does not get paid unless they produce tangible results on behalf of the client.
Unfortunately, there is no specific amount of time it takes to resolve an Austin personal injury case. Each case is different and comes with its own unique circumstances and issues that can drastically change the time it takes to resolve the matter for the client.
What is common throughout most injury cases is that the client’s medical treatment largely dictates the length of time it takes to resolve the case. For instance, if a client requires six months of treatment for their injuries, the case will often take longer to resolve than a client whose injuries are resolved within one or two months of medical care.
However, if a lawsuit has to be filed to force the insurance company to pay a fair amount, cases take considerably longer to resolve, regardless of the length of medical treatment.
How much a case can settle for is dependent on many factors. First and foremost, the severity of a client’s injuries and the cost of the medical treatment necessary to treat those injuries affect the damages presented to the insurance company for consideration in the settlement.
Furthermore, the amount of insurance coverage available can set a limit on the amount that can be recovered regardless of the client’s injury and damages.
For example, if an individual with a state minimum automobile liability policy and no assets causes significant injury to a client, there may be no more than $30,000.00 that can be recovered. Finally, the settlement value is driven by the at-fault driver’s insurance company.
By definition, settlements are voluntary so a good Austin Personal Injury Lawyers must know how to convince an adjuster to pay a fair amount, within policy limits, to resolve their client’s case.
It is not, but we encourage you to call us as quickly as possible. It is often what a client doesn’t know that gets them in trouble and insurance companies are looking to obtain any information from you that they can to unfairly lower the value of your case.
An experienced Austin Personal Injury Attorney can speak to the insurance company on your behalf in a way that we believe presents the best opportunity to resolve your case fairly and voluntarily.
For this reason, it is our opinion that it’s always best to consult with an attorney as soon as you are injured to determine how to proceed.
Medical costs are on the rise and many people, even those with health insurance, are unable to pay for the cost of their treatment out of pocket.
After a car wreck, clients can feel overwhelmed by all of the bills that come as a result – especially since the expenses were caused by someone else’s failure to follow the law and societal rules designed to keep us all safe.
Our top rated Austin Personal Injury Attorneys will work with you and your medical providers to find a solution that ensures you get the medical care you need to recover from your auto injury while still being able to support your family during this very difficult time.
When it comes to car accidents that occur in the greater Austin area, many questions often come to mind. Drivers are sometimes unsure of what they should do – or where they should turn – if they are involved in an accident that is caused by another driver’s negligence. This article attempts to answer some frequently asked questions that drivers have after being involved in a serious Austin car crash. To discuss your specific situation, reach out to our Austin car accident lawyers directly.
When it comes to Austin car accident claims, the accident victim has the legal burden of proof. Specifically, the accident victim has to show that the other driver breached or violated a duty of care with respect to his or her driving. Drivers are expected to operate their vehicles in a reasonably prudent and careful manner at all times. A driver violates this duty of care by speeding, tailgating, weaving in and out of traffic, failing to use a turn signal, failing to yield the right of way, and violating other Texas rules of the road.
Whenever the accident victim is able to satisfy these legal elements, he or she might be eligible to pursue monetary recovery in the form of damages.
After being involved in a car crash, there are certain steps that you should always take. First of all, you should exchange insurance information with all of the other involved drivers. Secondly, you should speak with the responding police officer about how the accident occurred and insist upon receiving a copy of the police report that the officer later prepares.
You should also seek immediate, same-day medical treatment at a hospital urgent care center or emergency room. This is true even if you are not sure whether you sustained injuries in the accident. Finally, you should speak with a knowledgeable Austin car accident lawyer as soon as possible.
There are many types of car crashes that occur on roadways in and around Austin. Some car accidents are rear-end collisions. These collisions occur when the front of one vehicle collides with the back of another vehicle, usually because a driver is not paying attention to the roadway or is speeding. On the other hand, a T-bone accident happens when the front of one vehicle collides with the driver or passenger’s side of another vehicle.
A head-on collision happens when the fronts of two vehicles collide with one another, often on a dual-lane highway or roadway. Finally, sideswipe collisions happen when the sides of two vehicles brush up against one another while traveling in the same direction. These accidents are common when a driver fails to use a turn signal or abruptly weaves in and out of traffic.
As part of a car accident claim, you might be eligible for various types of damages. The types and amounts of damages that you can recover will depend upon the seriousness of your injuries and the cost of your medical treatment. For example, you could pursue monetary compensation for your medical expenses, lost wages, and other out-of-pocket costs.
Likewise, you could pursue noneconomic damages. These damages are meant to compensate accident victims for pain and suffering, inconvenience, loss of enjoyment of life, or loss of the ability to use a body part. Finally, if the at-fault driver behaved in a particularly egregious manner, such as by driving while intoxicated, you might be eligible to recover punitive damages. These damages are meant to punish the at-fault driver and send a message to other drivers.
In theory, you should speak with a car accident lawyer as soon as possible after your car accident. The earlier in the process that you speak with an attorney, the sooner the attorney can begin advocating for you and representing you in your personal injury case.
In cases where a driver is employed by a company and is acting within the scope of his or her employment at the time of an accident, the company employer might be vicariously liable for the negligent acts of the employee driver. Therefore, you might be able to file a claim against the negligent driver’s company employer in those circumstances.
Although Texas drivers are supposed to carry motor vehicle insurance, that does not always happen. If you are injured in a motor vehicle collision that is caused by an uninsured driver,
If you have suffered any injuries in an accident that require medical treatment, it is safe to assume that you might be eligible to file a car accident claim for those injuries. The most important thing that you can do after your accident is to seek same-day medical treatment at an urgent care facility or hospital. The healthcare provider there will be able to examine you and perform the necessary MRIs and other imaging studies to ascertain your condition. He or she could also recommend follow-up medical treatment, such as with a primary care doctor or specialist.