Houston Car Accident Lawyer

Common defenses insurance companies use include:

Sudden emergency

The sudden emergency defense in personal injury cases argues that a defendant’s actions were justified because they faced an unforeseen and urgent situation that they did not create, leaving them with few options to prevent the crash. Given the emergency circumstances, liability can be absolved if the defendant acted reasonably.

Third-party or new and independent cause

In personal injury cases, the new and independent cause doctrine suggests that a subsequent event after the initial incident interrupts the chain of causation and releases the defendant from liability. This doctrine argues that the later event is the main cause of the injury rather than the defendant’s actions.

Unavoidable accident

Argue the defendant used reasonable or due care and could not have avoided the collision. If the jury feels a defendant did what a reasonable person would have done, they may avoid liability.

Injuries were preexisting or not caused by the crash

Injury victims face the argument that the injury was preexisting. In other words, they argue that the crash did not cause injuries. The defense often hires a testifying doctor to contest injuries and costs.

Medical expenses are too high.

In almost every single injury insurance claim, the company will argue that the medical expenses were unnecessary or excessive in cost. Insurance defense doctors are hired to contest injuries and medical bills.

Let our auto accident lawyers fight the insurance company for you.

Insurance companies are not handling claims on personal injury matters based on what is fair to the victim. Insurance companies will seek to settle the case as cheaply as possible. Fairness is not a consideration for an insurance adjuster for the at-fault person.

Sometimes, it just takes a strong personal injury attorney to get the compensation you deserve.

As a car accident victim in Houston, it’s essential to be aware of the laws that govern car accidents in Texas. Our firm has extensive experience handling truck accidents, ensuring that victims receive fair compensation for their injuries. Truck accidents often involve multiple parties and unique regulations, making it crucial to have experienced attorneys on your side. Our Houston personal injury attorneys are experts in handling complex cases, securing the largest accident settlements and verdicts in Texas. Here are some key laws to know:

Texas Transportation Code: This code outlines the rules of the road and the responsibilities of drivers in Texas. Understanding these rules can help determine fault in a car accident.

Texas Civil Practice and Remedies Code outlines the procedures for filing a lawsuit and seeking compensation for injuries and damages. Knowing these procedures can help you navigate the legal process more effectively.

Texas Insurance Code: This code outlines the requirements for insurance companies and the procedures for filing an insurance claim. Familiarity with these requirements can help ensure your claim is handled properly.

If you’ve been injured in an accident, the earlier you contact an experienced auto accident attorney, the better your case will be. Particularly if liability may be contested, your injuries are severe, or you require substantial medical care.

Most of the time, litigation involves the at-fault driver. If underinsured or uninsured motorist coverage may apply to your accident, suing your insurance company is often necessary to get the compensational benefits you are entitled to. We do not recommend filing a lawsuit without an attorney experienced in personal injury trial law.

Each insurance company uses different methods to resolve claims. Some insurance companies are notorious for taking forever to settle a claim and then taking longer to pay the claim that they settled. Commercial vehicle accidents generally take longer simply because the claim’s adjuster is not prepared to handle claims using the same method as a normal auto insurer.

There is not an average settlement that can be useful when you wonder how much your case will bring. A personal injury attorney can evaluate how much they feel your case can settle for and give you a reasonable range. Factors considered are how clear liability is, how much insurance coverage is available to pay damages, and what the doctor says about your injuries. 

At Baumgartner Law Firm, we don’t fight for average settlement money. Our car accident lawyer Houston fights to win every dime you’re entitled to.

Call our Houston office at 281-587-1111, and we will learn about your car accident and legal representation needs. If we can help you with your insurance claim, we will schedule an appointment to discuss your car accident injury case at your convenience. You can also request a case consultation by filling out the form on this page.

If you have not dealt with an insurance company on an injury claim before, you may feel overwhelmed by the legal process. Understanding the process and timing can help you make informed decisions about your case and reduce your stress.

Right After the Wreck (Days 1-7)

Seek Medical Care: Your health must always be your priority. Seeing a doctor shortly after the accident can speed up your recovery and also help document your claim. Some symptoms don't appear right away and may take days or even weeks to surface.

Document Everything: Photographs of the vehicles and injuries are very helpful when making an insurance claim. Also, ensure you save the contact information for everyone involved, as well as any witnesses to the incident.

Report the Accident: We recommend you notify your insurance company about any accident, but do not go beyond the basic facts of the crash. We recommend that you do not discuss fault or provide a recorded statement without first talking with an attorney.

Contact a Good Attorney: Take advantage of a free consultation with the highly rated car accident lawyer. We recommend you hire an attorney as soon as possible if you were injured and not at fault.

Investigation Phase (Weeks 1-8)

Free Initial Consultation: We'll talk with you to discuss the accident, review documentation, and evaluate your case. This consultation is without obligation and helps you understand your rights and options.

Formal Representation: A written document is required by the State Bar of Texas for any work done on personal injury cases based upon a contingency fee arrangement. After we have been retained, we will start immediately to protect their rights.

Evidence Collection: We will do what is necessary to collect vital evidence to build this case on your behalf. Evidence can include surveillance video, witness statements, and even black box data from the other vehicle.

Insurance Notification: We notify all relevant insurance companies that we represent you, and require all communications to be directed through us.

Treatment and Recovery Phase (Months 1-6+)

Focus on Healing: Your job is to follow your doctor's treatment plan, attend all appointments, and document your recovery process.

Medical Documentation: We work with your healthcare providers to obtain detailed medical records, bills, and narrative reports explaining your injuries and prognosis.

Ongoing Case Development: As your treatment continues, we monitor your progress and build your claim, documenting all damages.

Demand and Negotiation Phase (Months 3-12)

Maximum Medical Improvement (MMI): We typically don't send a demand to the insurance company until you've reached MMI—the point where your condition has stabilized and doctors can assess permanent impacts.

Demand Package: We prepare a comprehensive demand package that includes all medical records, bills, lost-wage documentation, expert reports, and a detailed explanation of why you deserve full compensation.

Negotiations: The insurance company will typically respond with a counteroffer, and negotiations begin. Many cases settle during this phase.

Litigation Phase (If Necessary) (Months 6-24+)

Filing Lawsuit: If negotiations fail to produce a fair settlement, we file a lawsuit in the appropriate court before the statute of limitations expires (two years from the accident date in Texas).

Discovery: Both sides exchange information through interrogatories, requests for production, and depositions. This formal evidence-gathering process can take many months.

Mediation: Many cases go to court-ordered mediation, where a neutral third party helps facilitate settlement discussions. Many cases settle at mediation.

Trial Preparation: If a settlement isn't reached, we prepare for trial by lining up expert witnesses, preparing exhibits, and developing a trial strategy.

Trial: The case is presented to a jury, which determines fault and damages. Trials can last anywhere from a few days to several weeks, depending on complexity and the number of parties.

Verdict and Collection: If we win at trial, the jury awards damages. We then work to collect the judgment and distribute funds to you.

Factors Affecting Timeline of a Personal Injury Case

Every case is unique, and several factors affect how long your case takes:

• Severity of Injuries: More serious injuries require longer treatment periods before we can assess full damages
• Liability Disputes: Clear-cut fault cases resolve faster than disputed liability cases
• Insurance Coverage: Cases with adequate insurance coverage often settle faster
• Defendant Cooperation: Some insurance companies are more reasonable than others
• Court Schedules: If litigation is necessary, court dockets in Harris County can be backed up, extending timelines

At Baumgartner Law Firm, we work efficiently to resolve your case as quickly as possible while maximizing your compensation. We keep you informed at every stage and explain what's happening and why.

If you're hit by a driver without insurance, you have several options to recover compensation:

Immediate Steps:

1. Get a denial letter from the at-fault driver's insurance company (if they claim to be insured)
2. Review your own auto insurance policy for uninsured/underinsured motorist coverage
3. Document everything about the accident and your injuries

Your Options for Recovery:

• File a claim with your own insurance: If you have uninsured motorist coverage, your insurance company should cover your damages
• Pursue the at-fault driver directly: You can file a lawsuit against the uninsured driver, though collecting payment can be challenging
• Consult an attorney: A car accident lawyer can help you explore all available options and maximize your recovery

Important Note: In Texas, approximately one-third of drivers lack insurance coverage, making it fairly likely you could be hit by an uninsured driver. This makes carrying uninsured motorist coverage especially important.

Finding Legal Representation: While it's difficult to find attorneys who will take cases with no insurance coverage on a contingency basis (they only get paid if you win), it's worth consulting with several lawyers to discuss your specific situation.

Yes, in many cases you may need to reimburse your health insurance company, but the rules vary depending on your plan.

Understanding Subrogation:

When your health insurance pays for accident-related medical expenses and you later receive a settlement or judgment from the at-fault party, your insurance company may have the right to recover what it paid. This is called "subrogation."

Different Rules for Different Plans:

May Have Subrogation Rights:

• Hospital liens
• Medicare
• Medicaid
• ERISA healthcare plans (employer-sponsored plans)

Subrogation Rights May Be Limited:

The law regarding subrogation is complex, and the specifics depend on:

• The type of health insurance you have
• The nature of your claim
• How much you collect in your settlement
• Whether you were fully compensated for all your damages

Important: Some insurance plans have legal reimbursement rights, while others may be limited in what they can recover. An experienced car accident attorney can help you:

• Negotiate reduced reimbursement amounts
• Ensure any reimbursement is fair and legal
• Maximize the amount you keep from your settlement

Bottom Line: Don't assume you must repay every dollar. Consult with an attorney who can review your specific insurance plan and negotiate on your behalf to reduce what you owe.

The short answer is, it depends on how badly you are hurt. If you were in a car accident and you did not require medical treatment, you probably do not need an attorney for the accident. Alternatively, if you were seriously injured and the other driver had insurance, you probably do need an attorney.

 Likewise, if you were injured and the insurance company for the at-fault driver is giving you the runaround, a low-ball offer, or denying liability, getting an attorney is probably your best option.

In Houston, lawyers handle car accident cases on a contingency-fee basis. The percentage of the contingency fee can vary from law firm to law firm. Generally, contingency-fee personal injury lawyers charge between 33 percent (one-third) and 45 percent of a settlement. At Baumgartner Law Firm, our fees range from one-third to 40 percent, depending on whether litigation is necessary to maximize compensation.

The biggest mistake we see Houston car accident victims make is assuming the insurance company will be fair. Often, they are shocked when they are presented with a low-ball offer. Here are common tactics used by insurance companies, along with options to protect your rights.

Common Insurance Company Tactics

Quick offers to settle: Insurance adjusters may contact you fairly quickly after an accident and offer a fast settlement before you really know how badly you are hurt or what it is going to cost to treat. These offers are typically made in clear liability cases to limit what the insurance company has to pay. Usually, these offers are a small fraction of what your case is actually worth. However, once you accept the offer, you are going to be stuck, no matter how badly you are hurt or how much more medical expenses you incur.

Recorded statements: Adjusters will ask you to provide a recorded statement. You should know that they are trained to ask questions that are designed to help them defend their policy and reduce or deny your claim. We recommend that you do not give a recorded statement to the adverse driver without first speaking with a skilled attorney.

Delaying your claim:  Insurance companies are skilled at finding leverage and using it to their advantage. Delaying and processing your claim can be an intentional tactic, particularly for those in financial straits due to the accident. The end goal is to entice you into settling for less than you are due.

Blaming you for the crash: Don't be shocked when the insurance suggests that you were partly at fault for the accident, as it is a common tactic. Texas uses comparative responsibility, so if you are found partly at fault, your compensation can be reduced or even eliminated if you are over 50% at fault.

Lowball your medical expenses: In almost every case, the insurance adjusters will seek to reduce the medical bills, claiming that the care you received was overpriced or unnecessary. This is another tactic to reduce how much they have to pay.

Getting an attorney to fight back is a smart move when dealing with an insurance company on a personal injury claim. With the best Houston car accident attorney on your side, the insurance companies lose their leverage and have to deal with the lawyer who understands the real value of your claim.

Thorough documentation is one of the most important steps you can take after a Houston car accident. The evidence you collect can make a significant difference in the outcome of your personal injury claim, helping to establish liability and demonstrate the full extent of your damages.

Start by gathering as much information as possible at the accident scene. Take clear photos of the vehicles, the accident scene, and any visible injuries. Obtain contact information from witnesses and ensure a police report is filed, as the police report often provides crucial details for your case.

Medical records are equally vital. Even if you feel fine immediately after the accident, some injuries, like whiplash or traumatic brain injuries, may not show symptoms right away. Seeking prompt medical treatment creates a record of your injuries and ensures you receive the care you need. Keep copies of all medical bills, treatment plans, and correspondence with your medical providers.

Document any lost income or time away from work due to your injuries. Pay stubs, employer letters, and other proof of lost wages can be essential in calculating fair compensation for your personal injury claim.

A skilled personal injury lawyer can help you organize and present this documentation, making sure nothing is overlooked. Your attorney will use these records to build a strong case, negotiate with the insurance company, and fight for the compensation you deserve for your medical expenses, lost income, and pain and suffering.

Remember, the more detailed your documentation, the stronger your case will be. By acting quickly to gather evidence and consulting with an experienced injury lawyer, you protect your rights and improve your chances of a successful recovery after a Houston car accident.