Serving Those Injured in Serious Auto Accidents
If you have been injured in a car accident in Dallas, TX contact The Benton Law Firm for legal representation. Many victims of car accidents have the right to demand compensation for their personal injuries, lost income, and other damages associated with the accident.
When you get hurt in a car accident, it can be a traumatic experience that leads to pain and suffering. The stress of treating your injuries and paying expensive medical bills is overwhelming. The last thing you want to do is deal with a legal case.
At The Benton Law Firm, we understand the daily struggles you are forced to face because of someone else’s speeding, distracted driving, or general carelessness. We will take on the responsibility and handle every stage of the process, so you can focus on your recovery.
Table Of Contents
- Why Hire The Benton Law Firm?
- What Should I Do After a Car Accident?
- What’s Involved in a Car Accident Investigation?
- What Compensation Might You Be Entitled to After a Car Accident?
- What Are the Most Common Causes of Car Accidents?
- What Are the Most Common Types of Car Accidents?
- What Are the Most Common Injuries Suffered in a Car Accident?
- How Much Does It Cost To Hire a Dallas Car Accident Lawyer?
- Texas Car Accident Laws and Statutes
- How Do I File a Car Accident Lawsuit in Dallas?
- How To Handle the Insurance Claims Process
- Car Accident Claim Frequently Asked Questions
- Contact a Dallas Car Accident Lawyer
Why Hire The Benton Law Firm?
Perhaps the biggest mistake car accident victims make is moving on with their lives without pursuing a claim, or worse trying to pursue that claim alone.
When you’re struggling with injuries, psychological trauma, and financial difficulties due to medical expenses, car damage, and missed work, you are in no condition to seek justice on your own. Contact us for a free consultation.
Most individuals in Dallas, TX have minimal experience with the legal system. The laws around car accident claims are complicated and can be confusing for someone without experience.
Being involved in a car accident is a traumatic experience, especially if you have suffered physical injuries or have lost a loved one. These experiences are also psychologically damaging and can cause significant distress if you are left disabled or unable to work.
Texas Litigation Laws Are Complicated
Navigating Texas’ legal system can be confusing, especially if you are not at your best, recovering from physical and/or psychological trauma.
If you have no prior experience with litigation, then you will most certainly increase your chances of getting the best possible settlement if you call a personal injury law attorney with experience litigating serious car accidents, and truck accident cases against irresponsible drivers.
An Attorney Has Experience
An experienced attorney already knows what details to address, like deadlines for filing paperwork, and can make sure that everything is filed correctly and the right process is followed. An attorney also understands how to better calculate economic and non-economic damages and advises you to achieve the settlement you deserve.
A Dallas Car Accident Attorney Can Communicate on Your Behalf
While you are recovering from your injuries and the trauma, you need a minimal amount of stress. A personal injury law attorney can run interference to give you the personal time you and your family need to heal.
Our team knows the tricks that insurance adjusters use to defer, deny, or diminish the compensation you deserve. We won’t allow them to take advantage or intimidate you into accepting a lowball offer.
Ensure More Successful Negotiations
You may feel anger towards the person who is responsible for your injuries. A level-headed attorney can ensure that negotiations go smoothly and advocate on your behalf, without emotions adversely affecting your case.
The Dallas car accident attorneys of The Benton Law Firm have experience dealing with insurance companies, whose priority is to save money for their company, not be fair to you.
Focus on Your Recovery
The most important thing you should be focusing on right now is what your medical professionals have to say about your recovery. It is in your best interest to let a skilled auto accident attorney handle the stress on your behalf while you’re healing from your medical treatment, injuries, and trauma.
There is a lot you will need to do after a car accident, so there is no reason to try to navigate this system alone or forget about a claim altogether. A Dallas, TX car accident attorney can help you with your case and seek financial compensation on your behalf.
We know how to handle the legal complexities and obtain the necessary evidence to successfully resolve your case — starting with a free case review.
What Should I Do After a Car Accident?
To best protect your rights and ensure that you achieve the most success with your claim for compensation, take these steps immediately after an accident:
- Call 911. If there are injuries or fatalities, it is illegal to leave the scene without notifying law enforcement. An officer will investigate and inform you when you’re allowed to leave.
- Collect your own evidence:
- Collect information from the other driver (s), including their name, contact information, and auto insurance details.
- Take photos of the scene, damage to all cars involved, and anything else that could serve as useful evidence in your case. Do NOT post any pictures or comment on your accident on Facebook or any other social media sites.
- Write down the names and phone numbers of people who witnessed the crash.
- Seek medical treatment after leaving the accident scene. Inform the doctor of all your injuries and symptoms. They will evaluate and recommend a treatment plan. It is critical that you follow their orders and attend all your doctor’s appointments.
- Get an estimate for repairing the damage to your vehicle.
- Hire an experienced personal injury lawyer.
What’s Involved in a Car Accident Investigation?
When you hire the car accident lawyers of The Benton Law Firm to assist you with your claim, we will start with a free case review.
Then we will need to review the car accident case, and the police report, investigate the crash on our own, and determine who was at fault.
If we can prove the other driver or another party caused the accident, that could improve your chance of receiving compensation through the legal process and claim against their insurance company or lawsuit.
Evidence is a vital part of any legal case. The evidence we find will show that someone else was liable, the types of injuries you sustained, the timeline of your treatment, and the losses you suffered. Examples of evidence we collect include:
- Medical records
- Crash report
- Eyewitness statements
- Accident scene photos
- Vehicle damage estimates and photos
- Hospital bills, prescriptions, out-of-pocket expenses, and other costs
- Lost wage reports
- Video surveillance of the collision
- Copies of auto insurance policies
After completing our investigation, we can file an injury claim and submit the evidence we obtained to the insurance adjuster. They will investigate the accident themselves to determine fault and whether they agree with our findings.
Insurance companies tend to prioritize their bottom line over providing personal injury victims the compensation they deserve. If they deny your claim or offer a low settlement amount, our law office can prepare for a lawsuit.
What Compensation Might You Be Entitled to After a Car Accident?
We understand the financial struggles you can face after an accident. You need medical treatment, which means expensive hospital and physician bills.
If your serious injury prevents you from returning to work, that can create even more stress. You wonder how you’re going to afford all the costs associated with the crash and your daily living expenses.
The Benton Law Firm knows the burden that comes with a traumatic experience like this and will work hard to pursue the maximum compensation you need to cover your medical expenses and other damages.
Damages refer to all losses, both monetary and intangible, suffered from an accident, such as:
- Medical bills
- Pain and suffering
- Car repair or replacement costs
- Lost wages
- Lost earning capacity
- Out-of-pocket expenses
- Mental anguish
- Physical impairment
- Loss of consortium
You can also pursue punitive damages if you file a lawsuit. Punitive damages, sometimes called exemplary damages, are unlike other damages. Instead of compensating for a victim’s medical bills and pain and suffering, it is a form of punishment against the defendant.
A jury will only award punitive damages if you can prove with clear and convincing evidence that the defendant acted with malice, fraud, or gross negligence.
What Are the Most Common Causes of Car Accidents?
- Speeding – Driving above the posted speed limit or too fast for conditions prevents the driver from having total control over their vehicle. It can also cause more severe injuries and damage in a collision.
- Adverse weather – Snow, rain, wind, and other poor weather conditions create a dangerous situation for drivers. They must adjust how to maneuver through it to arrive at their destination safely.
- Distracted driving – Distractions, such as eating, texting, applying makeup, and engaging in conversation with a passenger, directs the motorist’s attention and focus from the task of driving to something else.
- Reckless driving – Road rage, weaving in and out of traffic, and ignoring road signs and traffic signals are all examples of reckless behavior that can increase the risk of an accident.
- Drunk or drugged driving – Drugs and alcohol slow reaction time, alter sensory perception, reduce motor skills, and cause drowsiness.
- Driver fatigue – Driving while tired is similar to driving under the influence of alcohol or drugs. It impairs a person’s ability to operate their vehicle safely and react appropriately to an emergency.
- Failure to yield – Drivers must yield to pedestrians and other drivers when necessary. If someone runs a red light or speeds through a crosswalk, they could cause a serious crash.
- Tailgating – Following another vehicle too closely prevents a motorist from slowing down or stopping to avoid a hazard in the road or if traffic ahead comes to a standstill.
There are many other reasons a car accident, causing an injury claim, can occur. If you don’t see the cause of your crash on the list, contact us today so we can review your case and determine if you are eligible to seek compensation for your car accident case.
What Are the Most Common Types of Car Accidents?
Car accident cases take different forms. Each accident is unique in many ways, but they tend to fit into specific categories. The lawyers at The Benton Law Firm have experience handling every imaginable type of auto accident in the Dallas area.
Our Dallas, TX car accident lawyers can help you in a variety of circumstances, including cases involving:
- Rollover Accidents – A vehicle can roll onto its side or roof if it comes in contact with another car, pothole, curb, or another object and has enough momentum to lift the tires off the ground.
- Road Defects – Missing road signs, potholes, and malfunctioning traffic signals are examples of defects that can lead to an accident.
- Mechanical Defects/Malfunctions – Defective car parts can cause the driver to lose control if something on the vehicle isn’t functioning properly.
- Hit and Run Accidents – It is a crime when someone causes an accident and drives away from the scene. It can also be a challenge to pursue compensation when you don’t know who was at fault.
- Rear-End Collisions – Tailgating is a common cause of rear-end collisions. When a driver follows the vehicle ahead too closely, it’s difficult to maneuver quickly to avoid a collision.
- T-Bone Collisions – Also called side-impact collisions, occur when the front of one car crashes into the side of another. They typically happen at intersections when someone runs a red light or doesn’t yield to another motorist at a four-way stop.
- Single Car Accidents – Collisions that only involve one vehicle. When drivers lose control, they can crash into a tree, telephone pole, or another stationary object.
- Multi-Vehicle Accidents – Pileups involve three or more cars and multiple drivers and passengers.
What Are the Most Common Injuries Suffered in a Car Accident?
Any type of accident can result in catastrophic injuries that have profound short-term and long-term effects on health, finances, and future prospects. Injuries from car wrecks can be very severe and often include the following:
- Broken bones – Bone fractures are a common occurrence in vehicular accidents. A femur break has a 50% fatality rate and should be taken very seriously.
- Brain injuries – According to the Centers for Disease Control and Prevention, motor vehicle crashes were the third overall leading cause of traumatic brain injury (TBI)-related emergency room visits, hospitalizations, and death.
- Burns – Fires and explosions after a collision can lead to severe burns that could require a skin graft.
- Chronic pain – Some injuries don’t heal completely, causing ongoing pain in the affected body part.
- Disfigurement – The impact of an accident can result in severe lacerations, broken bones, and other injuries that leave the victim with deformities and permanent scars.
- Internal bleeding –Significant trauma from a car accident can cause internal bleeding that can become life-threatening without immediate medical intervention.
- Serious lacerations – Cuts and scrapes are also extremely common in car crashes.
- Neck and back injuries – Whiplash is one of the most common injuries that victims sustain in a car crash and can limit mobility indefinitely, depending on the severity of the accident.
- Spinal cord injuries – Spinal cord injury is the second-leading cause of paralysis, at 23%. A victim who has suffered a spinal cord injury during a car accident has a one-in-four chance of facing paralysis to some degree.
- Post-traumatic stress disorder (PTSD) – surviving a car accident can cause anxiety, phobias, and other psychological trauma that can lead to long-term psychological problems and dramatically affect your lifestyle.
- Torn or damaged tendons and ligaments – Victims can get violently tossed around in a motor vehicle accident, which may cause severe bruising and tearing of muscle and body tissue.
- Death – The National Highway Traffic Safety Administration reports that there were 36,096 motor vehicle traffic deaths in the U.S. in 2019.
These injuries often require extensive medical procedures and prolonged hospital stays, all of which can be quite expensive.
If your serious accident was someone else’s fault, you might be able to hold them financially responsible for your expenses. Through a lawsuit, you can pursue compensation for your medical bills, health insurance, property damage, lost wages, lost earning capacity, rehabilitation expenses, pain and suffering, and other related costs.
Many people are unfortunately killed, or suffer personal injuries in car accidents every year. If your loved one was killed in a car crash caused by someone else’s negligence or recklessness, you could pursue a wrongful death claim.
This compensation can help pay for your loved one’s final expenses, as well as the loss of support and companionship that you suffered. You may also be able to pursue punitive damages to further punish the person who harmed your family and discourage similar behavior in the future.
If you have suffered any serious injury after an accident, schedule a free consultation with one of our Dallas car accident lawyers.
How Much Does It Cost To Hire a Dallas Car Accident Lawyer?
We take all cases on a contingency fee basis. We don’t want to charge upfront or ongoing fees when you’re already experiencing financial strain while treating your injuries.
Our law office won’t collect any legal fees unless we recover monetary compensation from an insurance claim or lawsuit. If we lose your case, you won’t have to pay.
Texas Car Accident Laws and Statutes
The statute of limitations is a law that restricts the amount of time that you can file a lawsuit. In Texas, the deadline for filing personal injury claims, including car accidents is two years, starting from the crash date. This two-year statute also applies to claims for property damage, such as to your vehicle.
If you were under the age of 18 at the time of the accident, then you would have until two years from the time you turn 18 to file a claim.
The statute of limitations for wrongful death claims is also two years but starts when the person dies, rather than the accident date, and can be paused for up to one year.
Texas law requires all drivers to carry the minimum level of liability automotive insurance coverage. A Texas driver must be covered for $30,000 per person and up to $60,000 total for one accident in a standard insurance policy. Additionally, drivers are required to carry a $25,000 minimum for property damage.
How Do I File a Car Accident Lawsuit in Dallas?
Lawsuits require preparation, attention to detail, and following strict deadlines. That is why it’s crucial that you hire an experienced Dallas car accident lawyer to help. You could attempt to handle the process alone, but you could face obstacles that you don’t know how to overcome.
The Benton Law Firm has the experience, resources, and knowledge to effectively litigate cases and aggressively argue in court for the compensation our clients need.
- Prepare and file a lawsuit – The first step is to prepare the legal documents to file with the court. A Complaint includes the facts of the case, and a Summons notifies the defendant that they have to appear in court for the allegations made against them in the Complaint.
- Discovery process – After the defendant responds to our initial filing, we can move forward with discovery. During this stage, both sides will file requests for copies of evidence the other found. We also might schedule a deposition to ask the defendant questions about the case under oath.
- Mediation – Mediations are an opportunity to sit down with the defense team and attempt to settle your car accident. If we’re unable to settle, we will have to start preparing for the trial.
- Trial – We will need to continue gathering evidence, find witnesses to testify in court, and create an argument that convinces a judge and jury that you deserve compensation.
How To Handle the Insurance Claims Process
Insurance claims could resolve within a few weeks or take years before reaching a settlement agreement. It all depends on the facts of your case.
At The Benton Law Firm, we know the importance of receiving compensation promptly so you can pay for your expenses and move forward with your life. Our personal injury legal team will make your case a priority and stay on top of each step of the process, so nothing falls through the cracks.
The first step in any insurance claim is determining who was at fault and obtaining a copy of their liability insurance policy. Liability insurance covers an accident victim’s damages up to the available coverage amount. We will file a claim on your behalf and locate relevant evidence to prove that another driver was at fault for the crash and should be held liable.
After submitting the evidence, including the police report, and accident report to the insurance company, the adjuster will review everything, perform their own investigation, and determine how much money they believe you should receive if any at all.
We will aggressively negotiate for a settlement we believe is adequate based on personal injury laws and the past and future losses you incurred. If we can’t reach an agreement, we can file a lawsuit.
Your hired Dallas accident lawyer will then switch hats, to one of personal injury trial law.
Car Accident Claim Frequently Asked Questions
Your settlement will depend on multiple factors, such as:
- The type and severity of your injury
- The psychological impact of the accident
- The length of the recovery period
- The total medical bills and other costs
- The estimated value of necessary future treatment
- Any impairment or disability caused by the injury
- The disruption to your daily life, such as missed work, canceled vacations, and other problems
- The evidence found that proves liability
- The amount of coverage on the insurance policy
Texas is a modified comparative negligence state. That means an accident victim’s total damages diminish by the percentage of blame they share. For instance, if you have $100,000 in damages, but a jury determines you were 25% at fault for the accident, you would be entitled to no more than $75,000 in compensation. If you are more than 50% responsible, you would not be able to seek any compensation.
If you have auto insurance, you likely have UM coverage. It isn’t legally required, but insurance companies offer it to their policyholders for motor vehicle accidents.
Uninsured/underinsured motorist insurance provides compensation to car accident victims when the at-fault driver doesn’t have liability coverage or high enough limits to compensate for all medical expenses and other damages.
If you have UM on your policy, you could file a claim for:
Contact a Dallas Car Accident Lawyer
At The Benton Law Firm, we prioritize our client’s needs and provide dependable legal services, support, and guidance until the very end. You will not be alone during this traumatic time in your life. We will remain by your side and help you get back on your feet.
We know the financial burden, physical pain, and emotional suffering you’ve been forced to face due to another driver’s negligent actions. You should not have to pay for someone else’s mistakes. We will advocate for your rights and seek the justice and compensation you deserve.