You Need an Experienced Houston Car Accident Lawyer With Proven Results On Your Side

Were you in a car accident in Houston?

Houston is one of the most congested cities in the country. For this reason, the odds of getting into an accident are pretty high. For over 35 years, we have helped thousands of injured car accident victims in the Houston area.

If you or a family member have been injured in an automobile accident, you probably have questions about the process of making a personal injury claim. You may be wondering what to do next, and possibly, how to handle your property damage claims. Perhaps the insurance company is calling, and the adjuster is seeking information from you.

We suggest that you speak with a Houston car accident attorney before you talk with the adverse insurance adjuster.

We offer free consultations for those who have sustained car accident injuries. To discuss your rights and options, call us at 281-587-1111 or click here to contact us online for more information.

There is never a charge for a consultation. If we accept your case, please know there will be no upfront fee and no cost to you for our representation unless we put money in your pocket.

Should I hire a lawyer after a car accident?

Some people believe that they can handle their car accident claim themselves and save on attorney’s fees. These people often later find out that they are unable to settle for a reasonable amount. However, by this point they may have taken steps or actions that hurt the value of their case.

Not every accident requires an attorney. However, you should know that insurance companies are not out to pay fair compensation; they are out to save money. That’s why you should seek out a consultation before discussing the claim with the adverse insurance adjuster. The general rule is, the more serious your injury, the more likely it is you will need an attorney to represent you.

While a claim can be handled if it is a minor one by an individual who is not an attorney, a lawsuit is a different matter altogether. We do not recommend nonlawyers seek to file lawsuits on their own. The requirements of a personal injury lawsuit are much too complex for nonlawyers

The belief you can handle a claim by yourself presumes that the insurance company will treat you fairly and the same way they would if you had an attorney representing you.

The fact of the matter is that people who are not represented by a law firm are not treated the same by the insurance company. Without a lawyer, individuals do not have the leverage of a lawsuit or a jury trial.

Insurance companies and insurance adjusters are out to save money for their company. They are not seeking to pay fair value for your damages, such as pain and suffering. While the adjuster may indicate things like "they accept liability," that does not mean that you will be offered fair compensation. It is only after the subject of money first comes up that most people realize the insurance company never intended to offer reasonable damages in the first place.

Studies have proven that personal injury victims who are represented by experienced attorneys net more money than those who try to represent themselves. The number of people who are taken advantage of by insurance adjusters simply because they do not know the fair value of their injuries and damages is shocking.

Receiving compensation for your medical bills and almost nothing for your pain and suffering is not adequate compensation for most injuries. People who have sustained significant personal injuries almost always require an accident lawyer to help them pocket the most money.

And, even if you could get the insurance adjuster to offer a fair settlement, there are many other areas of concern to consider, including medical payback or subrogation. If your health insurance paid some of the medical bills were caused by the car wreck, you can expect them to demand that you pay them back. This is called subrogation. Likewise, if you are treated at the hospital, and your health insurance does not cover the bills, the hospital will usually file a "lien" on settlement proceeds. The unwary can get caught in a very uncomfortable situation without the help of a lawyer. A skilled motor vehicle accident attorney will negotiate these medical payback amounts to help net the crash victim more money

The Houston car accident lawyers at the Baumgartner Law Firm fight for maximum compensation for your injuries. When another person is negligent and causes a car crash, their insurance company should pay just and fair damages for the claim.

The claims process begins with an evaluation of the case. One question you should ask is: what did the other driver do wrong?

Texas is a comparative responsibility state, which means that personal injury victims can receive compensation as long as they are less than 51% at fault themselves.

If we accept your auto accident case, we will handle your personal injury claim from there, which will allow you to focus on your recovery. Our personal injury claims evaluation process includes the following:

• Obtaining the crash report to aid in determining who may be responsible for the accident
• Obtaining and reviewing your medical bills and records to calculate your damages
• Communicating with the insurance adjuster regarding the injury claim
• Supplying the insurance company with sufficient evidence to evaluate negligence and damages
• Negotiating with the insurance adjusters
• Filing a lawsuit when needed
• Fighting for maximum compensation for your automobile collision

Remember, our consultations with car accident victims are always free. Furthermore, there is never a fee on the cases we accept unless we recover money for you. Call (281) 587-1111!

What information should I have available for my consultation with a car accident lawyer?

During your first consultation, it is helpful to have the following information about your car accident, if available:

• The date of the car accident
• The general location of the crash
• The case number from the officers investigating the collision
• Any information regarding the identity of the negligent driver
• Any photographs of your vehicle or the other vehicle
• A summary of the injuries you sustained in the car accident
• A list of any medical treatment you have received for your injuries
• Information about your auto insurance policy
• Discussions with the adjuster
• Whether or not you gave a recorded statement to the insurance adjuster

A traffic accident that seems straightforward at first glance can often be more complicated than you can imagine. Accidents in Houston are usually investigated by the local precinct or the Houston Police Department. Occasionally, the Texas Highway Patrol will investigate a severe crash. If you retain us, we will obtain the crash report and provide you with a copy if you so desire. If you want to get a copy of the crash report yourself, click here for a guide on how to do that.

What should I do right after a car accident?

Follow our interactive guide for car accident victims.

How is a typical car accident investigation conducted?

Some car wrecks are pretty straightforward, such as: rear-end collisions, one vehicle running a red light, a car failing to yield the right-of-way, or perhaps the other driver was drunk behind the wheel.

In recent years, car accident attorneys are discovering that distracted drivers are causing a larger percentage of car crashes. People who use their cell phones while behind the wheel do not have their eyes on the roadway. Instead, their eyes are on their phones. For serious accidents with severe injuries, if distracted driving is suspected, an investigation can include obtaining the negligent driver’s cell phone records. Getting the cell phone records is part of the discovery process during an injury lawsuit.

Other information from the scene can be necessary in some cases. Our Houston car accident attorneys are finding that security cameras capture many car crashes that otherwise would be in dispute. Likewise, dash cams are becoming increasingly prominent, particularly with commercial vehicles like 18-wheelers.

An investigation of an automobile accident can include the following:

• Documenting the crash site. For appropriate cases, we will send an accident investigator to work with our personal injury lawyers to obtain information regarding the scene of the accident. Site inspections can include photographing or measuring skid marks, debris in the roadway, and other crucial, relevant evidence
• Determining whether the crash was captured on security video. We can look for video footage from the city of Houston or local Houston businesses
• Conducting recorded interviews with witnesses to the collision when appropriate.
• Identifying Witnesses. People often rely upon the police officer to document the names addresses and observations of any witnesses to a car accident. However, in practice, this occurs much less frequently than one would suspect and usually only happens when concerning a wrongful death or a severe injury automobile accident. Our accident attorneys will seek to identify witnesses when appropriate.
• Research regarding the negligent driver. We’ll look for any prior criminal convictions, car accidents, and the results of any tickets or citations issued as a result of this accident.
• Determining whether other potential parties may share responsibility for causing the personal injuries or the automobile collision itself.
• Determining whether the other driver was "on the job" at the time of the crash.

One factor that is always a consideration with any personal injury claim is the amount of insurance coverage available to satisfy a personal injury lawsuit judgment. If the other driver was working for a company at the time of the crash and was on the job, they may be covered with a commercial insurance policy. The presence of a business automobile insurance policy means that the policy limits will probably be much higher than the statutory minimum in Texas.

Likewise, if the vehicle was an 18-wheeler or big rig, the minimum coverage requirements ensures much higher liability insurance to cover personal injury damage claims. At Baumgartner Law Firm, we always seek to discover all applicable insurance coverage.

In some cases of catastrophic injury or wrongful death, there may be an evaluation of the vehicles themselves. These evaluations may give rise to a claim against about an automobile manufacturing design defect. Product defects can include things like an airbag not deploying after a frontal impact, a recall of a defective car, or a fuel-fed fire caused by a design defect in the gas tank or gas delivery system.

Identifying potential defendants who may have liability after an accident is a big part of the job of our leading Houston car accident lawyers. Getting the most experienced and successful personal injury attorney is an excellent first step to protecting your financial future after a car accident.

What damages are available for car accident injuries?

In Texas, the burden of proof in a car accident lawsuit rests upon the injured victim who brought the lawsuit to court. First, your personal injury attorney must prove responsibility or liability for who caused the crash or the injuries and damages of their client. Then, a Texas jury will determine legal damages for the personal injury or wrongful death sustained in the car accident.

Legal damages for car accidents in Houston include:

• Pain and suffering
• Medical expenses
• Lost wages
• Disability
• Disfigurement
• Mental Anguish

A skilled attorney will look to utilize the following in a personal injury lawsuit for damages

• Medical records documenting treatment and injuries
• Medical bills showing the cost of necessary care caused by car crash
• Lost wage calculations from employers
• Medical professionals’ testimony about the injuries caused by the negligence of the other driver
• Doctor testimony regarding diagnosis, prognosis, and the cause of the injuries sustained in the car crash.
• Life care planners for those with catastrophic injuries requiring medical damages for a lifetime
• Friends and family members who may testify about the impact of the traffic accident on their loved one or friend

Our law firm is skilled at helping car accident victims seek and recover maximum compensation for the injuries they sustained in the crash.

Damages for a wrongful death car accident

Houston has some of the deadliest roads in the country. Wrongful death damages are different from those involving injury because damages are determined from the standpoint of the surviving family member's loss of the loved one. Loss of love and affection, care and support, mental anguish, and related damages are based upon the relationship between the deceased and their family members

In Texas, wrongful death car accident lawsuits can be brought by immediate family members who are a spouse, a child, or a parent of the deceased. We know no amount of money can replace a loved one. We have been helping families protect their financial futures by bringing multimillion-dollar wrongful death lawsuits for over 35 years. Please check out our recent results by clicking here.

According to the National Center for statistics and analysis of the National Highway Transportation Safety Administration, Texas suffered over 3,500 fatalities in traffic accidents in one year alone. Of the number of wrongful death accidents, over 1,300 or roughly 40% of the fatal accidents involved alcohol. Drunk drivers contributed to almost 1,500 of the deadly crashes in Texas in one year alone. The second highest cause was speeding, followed by collisions with semi-trucks or 18-wheelers

If the decedent survives the crash, the estate may bring a lawsuit through a family member for a survival cause of action. In Texas, a survival claim is owned by the estate of the deceased. It is brought as though the deceased had lived for the personal injury damages they suffered before passing. Survival damages would include medical bills, pain, and suffering, mental anguish, incapacity, disfigurement and funeral expenses.

The most common causes of car accidents in Houston

Texas has over 180,000 miles of lanes for interstate highways alone. Because of the sheer number of motorists traveling throughout the state of Texas each day, there are an unbelievable number of vehicle accidents every hour. There is a reportable motor vehicle accident every 57 seconds in the state of Texas — based upon current statistics. Approximately 18,000 people were injured in automobile crashes in the state of Texas in one year alone. There are numerous causes of motor vehicle accidents. Here are some of the most common causes of traffic accidents in Texas that our Houston accident lawyers see:

Distracted driving

You can barely drive down the street in your neighborhood without seeing another driver looking at their cell phone instead of the roadway. The sudden rise of the smartphone, which has enabled instant communication by text, email, and videoconference as well as instantaneous internet access, has become a significant contributor to Houston car crashes. Even though there are laws in Texas about texting and driving, phone usage is still a significant cause of many motor vehicle accidents. Distractions can also include such things as conversations with passengers, tending to children, putting on makeup, or even changing the radio station. Anything that takes the driver's eyes off the roadway for even a second has the potential for causing catastrophic injuries. It only takes a fraction of the second for a distraction to lead to a collision

Speeding

Driving too fast for conditions or above the posted speed limit is a factor in many Houston area car accidents. Coupled with traffic congestion, and in some cases increased highway speed limits, excess speed contributes to numerous  wrongful death car crashes. Loss of control of the vehicle, particularly with inclement weather is often accompanied by traveling too fast for conditions or past the speed limit.

Drunk driving

Approximately one in three fatal car accidents in Houston involves a drunk driver. Despite significant criminal penalties, the possibility of exemplary or punitive damages, and an ongoing Texas campaign to educate drivers of the risks of drinking and driving, the problem persists. There can be as little as .08 level of alcohol in your bloodstream to be legally intoxicated as far as driving is concerned in the state of Texas. Minors violate the law with any degree of alcohol in the blood. Not only can you lose your driver's license and potentially your freedom by driving drunk, but the cost of a DWI is also much higher than most understand.

Violations of traffic laws

In almost every automobile collision, someone violated a statute designed to protect Texan drivers. Often, there are multiple violations by a single driver. These can be such things as drinking and driving, speeding, running a stop sign, failure to yield the right-of-way, and other acts of negligence. If the traffic law was designed to protect innocent motorists and a violation was a cause of the crash, an automobile accident attorney may seek a finding of negligence per se in a personal injury lawsuit against the offending driver.

Failure to maintain a proper lookout

Just as distracted driving can lead to catastrophic injuries, failure to maintain a proper lookout contributes to many traffic accidents. Everyday situations involving failure to keep a proper lookout include: running a red light, failing to yield the right-of-way leading to the T-bone accident, and of course, the rear-end car accident.

Following too closely

The single most significant factor in rear-end accidents usually involves the combination of following too closely and failing to maintain a proper lookout. In Houston’s interstates, particularly during commuting time, it is tough for motorists to maintain an assured clear distance between the vehicle ahead of them. In this situation, extra caution is required to avoid a rear-end collision.

Disregarding traffic signals and signs

Whether it is a red light a driver runs, a missed stop sign, or even trying to make the light, disregarding traffic signals is a massive problem for Houston drivers. Accidents at intersections are particularly dangerous if any of the vehicles are traveling above 30 mph at the time of the crash. Disregarding a stop sign or a red light frequently happens by choice, but it can also be caused by distraction or inattention.

The most common types of car accidents in Houston

A car accident attorney will usually evaluate your claim based upon liability first. While every case is unique, but there are some common denominators for each type of car accident in Houston.

Below are common kinds of car crashes we see in Houston.

Rear-end collisions

Rear-end collisions happen most often when a vehicle is stopped for a traffic signal or traffic. Nevertheless, many rear-end accidents occur when both vehicles are moving. Usually, a driver is distracted or not paying attention when a rear-end crash happens. On interstate highways of Texas, during busy times, extra caution is required to avoid the dreaded sudden stop rear-end car accident. In Texas, the law requires drivers to follow at "an assured clear distance" that allows a driver to stop safely without impacting the vehicle in front of them. A significant number of personal injury lawsuits stemming from car crashes are attributable to rear-end collisions.

Head-on car crashes

The head-on collision usually results in severe injuries because both of the vehicles are traveling in opposing directions when the crash happens. The higher the speed, the greater the chances for catastrophic injuries or fatalities. Our firm has seen many of these types of cases during hurricane events. Another common scenario for a head-on car wreck is when a driver crosses the line due to distraction, or perhaps, intoxication. Beyond that, this type of collision can happen when a driver is not familiar with the area and turns into a one-way street going the wrong direction.

T-bone car accidents

T-bone car accidents can be particularly dangerous. Usually it is the person closest to the impact zone that suffers the greatest injuries. Most frequently, a T-bone crash happens when one of the drivers was negligent and disregarded a traffic signal or stop sign. These types of crashes often involve speeds that lead to catastrophic injuries. Eyewitnesses can be incredibly important for winning a T-bone accident case. The sooner you retain a leading car accident attorney, the better odds you have of an exceptional outcome.

Sideswipe crashes

Sideswipe crashes happen when a driver is careless in changing lanes. The law in Texas requires a driver to ensure that they can make a lane change safely. Most of the time, the at-fault driver did not see the other vehicle. Occasionally, a sideswipe crash can happen because a big truck driver did not want to wait for the other vehicle to allow room. As in other car accident claims, eyewitnesses are incredibly important.

Rollover crashes

Rollover accidents usually involve high speeds or a combination of high speeds and other events such as a sharp curve, defective vehicle, or tire blowout. The lower the center of gravity of your car, the less chance of a rollover accident. Conversely, the higher the center of gravity of the vehicle you are operating, the more likely it is that you will be involved with a rollover. Eighteen-passenger vans and SUVs are often most susceptible to rollover.

Rideshare accidents

With the rise in popularity of rideshare platforms, such as Uber and Lyft, injuries while utilizing these services are becoming commonplace. Whether you are a passenger in a rideshare vehicle, a driver for Uber or Lyft, or struck by a rideshare vehicle, the same rules of the road apply. Rideshare accidents required a specific evaluation of insurance policies that may provide liability coverage for personal injury compensation. An investigation will include whether the company’s insurance policy applies, which can depend on whether the driver was committed to a ride when the collision occurred.

Motorcycle collisions

The main factor in motorcycle incidents involves failure to see the motorcycle rider. The higher the traffic, the less chance there is of seeing a motorcyclist. Motorcycle collisions typically involve broken bones, head injuries, or worse because of the lack of a physical barrier between the rider and the other vehicle. Wearing protective gear such as leather and a helmet, together with increased visibility of colorful clothing, can help prevent a motorcycle crash.

18-wheeler trucks

Big rigs and tractor-trailers have blind spots that are significantly large. Even a cautious trucker can cause an accident by not being patient in checking their mirrors. The blind spots for these big trucks are on either side of the truck and immediately in front of and directly behind the trailer. Additionally, there are many rear-end big rig crashes caused by the increased stopping distance for the semi-truck. Big rig accidents will always require a truck accident attorney.

Common Houston car wreck injuries

Any car crash can cause injury. Generally, the higher the speed at which the crash occurs, the more likely severe damage happens. Sometimes the collision can be devastating, and yet everyone walks away relatively uninjured. Other times, what seems like a minor crash turns into a nightmare for the injury victim. Auto accident attorneys see injuries and damages from crashes every single day. Sometimes the victim is the driver of the vehicle; other times, they are simply a passenger in the wrong place at the wrong time. Our law firm represents injury victims who have been injured due to the fault of another. If another motorist was negligent, call us for a consultation regarding your rights and options. There is never a charge for personal injury consultation. Call 281-587-1111.

Some of the most commonly injuries caused by car crashes in Houston are:

Neck, back, or spinal cord injuries

Spinal cord injuries are rarely diagnosed at the ER. In severe collisions where a fracture is suspected, a sophisticated test, called an MRI, is often done in the emergency room. However, if a fracture is not suspected or is ruled out by an x-ray, a back or neck injury involving a disc is usually not diagnosed until a specialist orders an MRI. One common misconception is that if you are released from the emergency room and not admitted to the hospital overnight, everything is going to be okay.

Usually, it is only after failure of conservative treatment such as physical therapy, medication, and home exercise that the proper diagnosis is determined after an MRI is done. X-rays do not show problems with the spinal cord, such as a herniated disc, bulging disc or slipped disc. It is only with more sophisticated testing, such as the MRI with a CT scan, that the issues with the spinal cord, neck, or back can be appropriately diagnosed and treated.

Neck and lower back injuries are common with rear-end impacts. It is the sudden move forward of the head in a "whiplash" type movement that can lead to disc problems, which are way more serious than what has been called soft tissue injury. One factor that attorneys see frequently is radiculopathy, or radiation of pain into the arms or legs, as a signal that something more is going on with the discs or spinal cord. Neck or lower back surgery can be necessary if the discs protrude into the spinal canal or discharge material from the disc. Likewise, a fracture of any part of the spinal cord usually requires surgical intervention and may require the installation of hardware near the spinal cord. Acute spinal cord injury can result in permanent damage, disfigurement, and disability.

Head or Brain Injury

Head injuries can happen in even minor car crashes. Not long ago, there was a Houston woman involved in a fender bender. She and the other driver exchanged information and went their separate ways, not even calling the police. No one suspected or thought that there would be an injury claim made from that car accident. Later that day, the woman developed a headache. The headache continuously got a little worse as time went on. A few days later it got so bad that the woman went to the emergency room for help. She never left the hospital. What seems like a minor crash turned out to be a fatal collision. In short, brain injuries cannot be seen and cannot easily be diagnosed. If you are in an auto accident and suspect a head injury, get yourself to the hospital and get it evaluated.

The concussion is the most common closed head injury of all. Contact sports have gotten very sophisticated recently, as have guidelines for treating and dealing with concussions. Automobile accidents are a leading cause of concussions. The vast majority of concussions lead to short-term issues that resolve over time. However, there are other instances where the head injury or brain injury is permanent. A head injury can be a life-changing situation for many people. Typical signals of a brain injury or closed head injury include mood swings, memory loss, headaches, and irrational behavior. Neurologists and neuropsychologists are commonly consulted to accurately diagnose and treat a brain injury after an auto accident.

Shoulder Injury

Injury to the shoulder happens many times in T-bone or side-swipe accidents. The shoulder is a very sophisticated mechanism that is sensitive to injury. Unfortunately, if there is a shoulder injury, it usually involves a tear to a tendon and will require surgical treatment to alleviate the pain and help resolve the problems. Shoulder surgery can be tough to recover from, even when it involves a minimally evasive orthoscopic procedure. It is not unheard of for someone to struggle with 3 to 6 months of recovery after surgery. This type of injury occurs often with commercial vehicle crashes where the driver or passenger side is struck by the other vehicle. Insurance adjusters frequently fight causation from a medical standpoint, even when the injury is well documented in the emergency room.

Chest injuries

Chest injuries can be particularly painful and often stem from frontal impacts. Broken sternum and collarbones are a few of the injuries personal injury attorneys see frequently. Treatment for a fractured sternum usually includes rest and pain. Broken collar bone scan requires surgical reconstruction by adding plates and screws if it is a compound break. Recovery time can vary depending on the severity of the break and whether surgery is needed.

Ankle, Foot, and Knee Injuries

Fractures of the ankle or foot are another common injury that vehicle accident lawyers see on an ongoing basis. The cause of the fracture will depend on the type of crash and impact. A break can be caused by the foot being driven to the side or pushed into the peddles. Surgery is often needed for many car wreck victims. Knee injuries almost always involve some type of therapy, if not a surgical treatment. Most injuries are related to the tendons and not the bones. Our Houston lawyers know what needs to be done to present your car crash injury in a favorable light to a Harris County or other Texas jury.

Call us at 281-587-1111 or fill out the online contact form by clicking here.

Can I get medical treatment if I don't have health insurance?

Yes, if we accept your auto injury case, we can help you get necessary medical care.

There is no doubt about it; getting necessary medical care in Houston is an expensive proposition. A single trip to the emergency room with a few X-rays can quickly run into the thousands of dollars. Ongoing treatment adds up quickly, as medical providers are not cheap. Just the ambulance ride alone can be over $1,000. If the injuries are extensive, the medical bills can add up even more and become overwhelming. Unfortunately, the financial burden of medical bills hits at the same time that the injured person is unable to work — compounding the financial strain on them and their family after an accident. Pain and suffering can linger without prompt medical treatment

One of the most important things you can do after an accident is to get your injuries treated and appropriately diagnosed. One mistake that car accident attorneys in Houston see on an ongoing basis is the individual who tries to "tough it out" and not go to the doctor when they need to. Not only can this prolong their recovery time, but it can also hurt their personal injury claim. Insurance adjusters and insurance companies always take exception to gaps in treatment. This is true whether the lapses happen between the accident and your first check-up, or between your initial diagnosis and follow-up treatments.

If the gap in seeking medical treatment or in between medical treatments is sufficiently large, it makes your car crash personal injury case much more difficult. Ultimately, it is up to a medical professional, typically a doctor, to testify that the accident caused the injuries. If there is a large gap between the time of the collision and the first medical diagnosis, it becomes difficult for a doctor to provide that necessary testimony

For those who do not have health insurance, the burden of medical bills when it is difficult or impossible to work can be overwhelming. At the Baumgartner Law Firm, if we accept your case, we will work with you or your health insurance company to help you get the treatment you require for injuries sustained in a car wreck.

If you have no health insurance, contact us to discuss your options for receiving medical treatment without having to pay upfront out of your pocket. We are happy to help.

What does it cost to hire the best lawyer for my Houston car accident?

In short, nothing upfront.

All of the cases we agree to take on are handled on a "contingency fee basis." A contingency fee means that our pay as your personal injury attorney is contingent, or depends, upon our recovering money for your damages from the insurance company. If we are unable to recover money on your behalf, you owe us nothing. We advance litigation costs as necessary to develop your car accident injury case as needed. In the event that we are successful in recovering money, we will get paid back for our out-of-pocket expenses from the settlement.

In short, there is no out-of-pocket expense for you to hire us as your car accident attorneys. You should always seek to hire the best car accident lawyer in Houston you can find.

Our law firm has been protecting the financial future of injured Houstonians for over 35 years. We have recovered countless multimillion-dollar results. Our high success comes from the fact that we limit the number of cases we accept to provide the best possible service to the clients we do take.

By limiting our cases, we focus the time, attention, and resources necessary to maximize compensation for our clients. If you have been hurt in a car accident in Houston call the Baumgartner Law Firm for a no-obligation consultation. There is never a charge for an initial injury accident consultation. Feel free to ask your questions, and we will do our best to answer those for you.

Call us at 281-587-1111 or fill out the online contact form by clicking here.

What is the statute of limitations in Texas?

The general statute of limitations for car accidents in Texas is two years from the date of the crash. You must either settle your claim or file a lawsuit before the statute of limitations has expired. If the statute of limitations has expired, you may have waived your right to seek compensation for your injuries. Never wait until the last minute to seek help from a qualified and experienced auto injury attorney.

How much is the average car accident settlement?

There is no magic formula for evaluating car accident injury claims. Ultimately, the amount can be limited by liability factors, available insurance coverage, the extent of legal damages, or what a jury in Harris County will pay. Some auto insurance companies use computer algorithms to make offers to personal injury victims. These programs are designed to minimize what the insurance company pays. The insurance company uses the software to maximize profits for the company.

In Texas, there is no legitimate oversight over insurance company profits. Instead of insurance being used to spread risk as was intended, auto insurance coverage in Texas has become a honeypot for insurance carriers. Other states require insurance companies to pay out a certain percentage of the premium dollars collected on claims. Texas has no such requirement.

All this boils down to the fact that if the insurance company can pay pennies on the dollar, it will increase their profits. An adverse insurance company is never your side. When the insurance company has substantial exposure, it is common for the adjuster to insinuate that you may not need an attorney. If you hear suggestions such as this, it should be your clue that you need to run, not walk, to the best personal injury lawyer you can find.

Every car accident case in Houston involves three separate issues in order to evaluate monetary damages. Those three are:

1. Liability.
2. Damages.
3. Extent of insurance coverage.

Liability can be a factor if there are extenuating circumstances such as a drunk driver, or if you or the driver of the vehicle are partly at fault. Texas is a proportionate responsibility state, meaning you can be partly at fault and still recover legal damages if you are less than 51% at fault. However, your damages will be reduced by the percentage of fault attributable to your actions.

Damages are independently valued in each specific case. Factors such as medical treatment, objective diagnosis, recovery time, disability and disfigurement, pain and suffering, and emotional damages all play a role in evaluating the value of the case. Lost wages are part of legal damages in Texas.

The amount of insurance coverage will vary depending on the type of vehicle and the coverage available. The minimum liability limits in Texas are $30,000 per person, $60,000 in total. Commercial vehicles such as big rigs or company trucks can have substantially more insurance coverage. Also, your auto policy may provide benefits that can be helpful after an automobile accident, even when you are not at fault. One of the first things a car accident law firm will do is analyze all available insurance coverage as soon as possible after the crash.

Is the insurance company settlement offer for my car accident fair?

The only way to answer the question about the fairness of an insurance company offer after an injury from a car accident is to go through the process outlined above regarding liability, damages, and insurance coverage. Generally, if the injuries are objectively documented, such as broken bones, head injuries, or spinal cord injuries, you should always consult a leading car wreck lawyer before accepting an offer. The more severe the injury, the more you will need the best lawyer you can get. If the damages are minor and your doctors are confident you will require no further treatment, you may still want to consult with an auto accident law firm.

How long does a car accident lawsuit take in Houston?

Not every case requires a lawsuit. 15 or 20 years ago, about 80% of all automobile accident claims were settled before filing a lawsuit. In the meantime, Texas has enacted "tort reform," which has encouraged automobile insurance companies and adjusters to take a more hardline approach with injury victims. The net result of this law change is that more often than not, a lawsuit is required to get the insurance company’s attention focused rightly on your claim. That is not to say that the case will end up going to a trial, as most cases settle before the trial starts. But, the odds of a car accident lawsuit being filed are much higher today than they were before “tort reform.”

The process from the attorney’s perspective begins with the signing up of the case. After the lawyer is hired for the injury claim, the initial investigation process begins. However, the negotiation process does not usually start until the car accident victims have been released from treatment or reached maximum medical improvement and the medical records are obtained.

It is only then that the attorney can present the claim to the insurance company for negotiation about a settlement. This process can take from 3 to 6 months after doctors have discharged the injury victim. The main reason for the delay is the length of time it takes doctors and hospitals to respond with medical records and bills. That can take much longer than you would expect.

If a lawsuit is filed, your "day in court" can be as early as a year from the date of filing in Harris County, Texas, but most often it is closer to two years. The exact day is up to the court, and it is not unusual to have multiple settings before a trial is conducted on a case.

Learn how our Houston car accident lawyers can fight for maximum compensation for your injuries!

At the Baumgartner Law Firm, we put our client’s interest first. That has been our driving principle for more than three decades. We take a personal interest in every client. We are not a volume law practice. We are incredibly selective in the cases we agree to take on for a reason. We want to know at the end of the day that we have done everything possible to get you the most money we can.

Call us for a no-obligation consultation. There is never a charge for an initial injury case consultation. Call us at 281-587-1111.

Common Questions

When should you hire a lawyer for a car accident?

Generally, the earlier that you retain an attorney for a car accident in which you are injured, the better. It would help if you spoke with an attorney before giving any recorded statement to the adverse adjuster after an injury accident. Hiring an attorney reduces stress and can increase the odds of a favorable settlement. Why delay?

How much does an attorney charge for a car accident?

Personal injury attorneys handle car accident cases on a contingency fee basis. That means there is no fee charged upfront for the attorney's services. Attorneys get paid if they recover money for their clients. It is best to ask the attorneys you are considering what their contingency fee is and what expenses they expect to get reimbursed for.

How much money do you get for pain and suffering from a car accident?

There is no set formula for pain-and-suffering from a car accident. Sometimes a jury will decide what is proper to award the victim. Essential factors include how bad the property damage looks and what the treating physicians say about the injury. Also, objective findings in medical testing and other circumstances from the accident, such as a drunk driver, can be a factor in valuing pain and suffering.

Why should I get an attorney for car accident?

The best reason to hire an attorney for an injury sustained in a car accident is to maximize your financial recovery. Insurance companies do not treat those who don't have a lawyer the same as those who do. People without an attorney have no leverage of filing a lawsuit or an impending trial date. Additionally, with every injury claim comes the work of presenting the case. Why not hire an attorney? Who you select as your attorney can also impact the value of your case. Choose wisely.

Successful Auto Injury Lawsuits

It is important to hire a competent car accident attorney in Houston, as soon as possible after being involved in an auto accident and to communicate fully with that attorney so he or she can begin gathering evidence. Physical and medical evidence are important to a case and a lawyer needs to be able to begin gathering it as soon as possible. Experts are also key elements in a successful auto injury or wrongful death case. Gregory S. Baumgartner and his Houston-based law firm maintain an extensive bank of experts including reconstructionists, investigators, law enforcement personnel, technology experts, treating physicians, and specialists in nearly every medical specialty.

Contact A Houston Auto Accident Attorney

One of the critical choices you will make is who you choose to represent you after a serious car wreck. Gregory Baumgartner has been helping Houston personal injury victims for over three decades with an awesome record of success.

Although a client’s presence is necessary for some aspects of the litigation process, the Texas-based firm of Gregory Baumgartner attempts to minimize inconvenience to our clients and the amount of time that is needed from them. The Baumgartner Law Firm wants clients to be at peace knowing legal matters are being taken care of for them, allowing them to maintain their lifestyle as much as possible and focus on becoming whole again

Call us for a free consultation today at (281) 587-1111.