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Car Accident Lawyers: Common Questions From Injury Victims in Texas

When you or a family member is hurt in a car accident, the days that follow can be chaotic and deeply stressful. Doctor appointments, calls from insurance adjusters, vehicle repairs, and mounting medical bills all arrive at once — often before you have had any chance to recover or think clearly about next steps. Our car accident lawyers hear the same urgent questions from injured clients every day, and the answers matter. Getting accurate information early can protect your claim, preserve your rights, and prevent costly mistakes that are difficult or impossible to undo. More about our Car Accident Lawyer here.

Our car accident attorneys have put together answers to the questions they hear most often from people in exactly your situation. If your specific question is not covered here, or if you are ready to speak directly with a car accident lawyer about your case, contact our firm today. Every consultation is free and there is no obligation to proceed.

Frequently Asked Questions About Car Accident Claims in Texas

Q: What should I do immediately after a car accident?

A: Document everything at the scene if you are physically able to do so. Collect the names, phone numbers, vehicle descriptions, and license plate numbers of everyone involved. Get the names and contact information of any witnesses. Take photographs of the vehicles, the road, any visible injuries, and the surrounding environment. Report the accident to the appropriate authorities and, if required, file a traffic accident report. Keep daily notes about your injuries and how they affect your routine — what your doctors are telling you, what activities you cannot perform, and how the pain is progressing. And do not discuss the specifics of the accident with anyone except your car accident attorney. Statements made to insurance adjusters, even your own, can be used to minimize your claim. CALL SHAW today to get representation in place before those conversations happen.

Q: I did not see a doctor right after the accident. I am now in pain. Do I still have a claim?

A: Yes, but you need to seek medical care now. The trauma of a collision can delay the onset of pain — symptoms from soft tissue injuries, whiplash, and even some internal injuries can take hours or days to surface. The longer you wait to get examined, the easier it becomes for an insurance company to argue that your injuries are unrelated to the accident. As soon as you begin experiencing pain or discomfort, see a doctor or healthcare provider right away. Document when the symptoms started, what you are feeling, and everything your doctor tells you. That documentation becomes part of the evidence that supports your claim.

Q: The other driver’s insurance company offered me a settlement and I have not hired a lawyer. Should I accept?

A: No. Tell the adjuster you will get back to them, and then call our car accident lawyers before you do anything else. Early settlement offers from insurance companies are almost always designed to close your claim quickly and cheaply — before you fully understand the extent of your injuries or the total value of your losses. Once you accept a settlement and sign a release, you cannot go back and seek additional compensation, even if your medical bills continue to grow. Never sign a release or accept a check from any insurance company without first speaking with an experienced car accident attorney.

Q: How long do I have to file a car accident claim in Texas?

A: Texas has a two-year statute of limitations for personal injury claims, which means you generally have two years from the date of the accident to file a lawsuit. However, waiting is rarely in your interest. Evidence deteriorates, witnesses become harder to locate, and surveillance footage gets overwritten. The sooner our car accident attorneys are involved, the better positioned your case will be. Certain situations — accidents involving government vehicles, for example — may have shorter deadlines, which is another reason to consult a lawyer promptly rather than waiting.

Q: What damages can I recover after a car accident in Texas?

A: Texas law allows injured accident victims to seek compensation for medical expenses — both current and future — lost wages, reduced earning capacity, pain and suffering, disfigurement, and property damage. In cases involving gross negligence or intentional conduct, punitive damages may also be available. The specific damages that apply to your case depend on the nature of your injuries, the strength of the evidence, and the available insurance coverage. Our car accident lawyers will evaluate all of those factors and give you a clear picture of what your claim may be worth.

Q: What if I was partially at fault for the accident?

A: Texas follows a modified comparative fault rule, which means you can still recover compensation even if you were partially responsible for the accident — as long as your share of fault does not exceed 50 percent. Your recovery is reduced by your percentage of fault. For example, if you were found to be 20 percent at fault and your total damages were $100,000, you could still recover $80,000. Insurance companies frequently try to assign more blame to injured victims than the facts support, which is why having an experienced attorney evaluate and contest those liability determinations matters.

Q: Do I have to go to court to resolve my car accident claim?

A: Most car accident cases in Texas are resolved through negotiated settlements before a trial becomes necessary. However, not all insurers negotiate in good faith, and some cases require litigation to reach a fair outcome. Our car accident attorneys prepare every case as though it will go to trial — because that preparation is what creates the leverage that produces strong settlements. If an insurer refuses to offer fair compensation, we are fully prepared to take the case before a jury and let them decide what your injuries are worth.

If you have been injured in a car accident in San Antonio or anywhere in Texas and still have questions, our experienced car accident lawyers are ready to help. Call us toll-free at 1(800) 862-1260 for a free case evaluation — anytime, day or night.