If you were involved in a car wreck that resulted in injuries or the death of a loved one, you need an experienced car accident lawyer.
Most car accidents are the result of negligence. If you were involved in a car wreck, or if your loved one died due to a fatal car crash, and you believe someone else was at fault, you have a right to fair compensation.
For those who live and drive in the Houston Metropolitan Area, it’s no surprise that Texas has some of the nation’s most dangerous and deadly roads.
According to the most recent data, in 2022, the Texas Department of Transportation (TxDOT) reported that there were 4,407 traffic fatalities in Texas, equating to one death every 2.25 hours. Additionally, one person was injured in a traffic accident every 2 minutes and 34 seconds.
Our attorneys can review the details of your case, identify the liable party, and help you fight for the full, fair compensation you are owed.
Why should I hire a Houston car accident lawyer?
You Have a Serious Injury
To protect yourself and your family financially after a serious injury, securing proper compensation is crucial. Your first priority should always be to seek medical attention for any injuries sustained during the accident.
However, the very next step is to hire a trusted auto accident attorney in Houston. A skilled lawyer will gather evidence, interview witnesses, and fight to ensure you receive the maximum compensation for your injuries and other losses.
There Was a Death in the Accident
If you were fortunate enough to survive your car accident, count your blessings. However, if you lost a loved one, it’s crucial to act quickly and consult with an experienced attorney who can fight for your rights.
In the midst of grieving, handling car insurance, and making alternative arrangements, the last thing you need is to worry about the legal process. Let your attorney manage the legal aspects while you focus on what truly matters.
Delays in communication can harm your case or even jeopardize your chance of compensation. That’s why it’s essential to have your attorney handle all communications, ensuring a swift resolution, protection of your rights, and the best possible outcome for your case.
You’re Facing a Company
If your car accident involves a company-owned vehicle, you’ll be up against a team of experienced lawyers that the business has on retainer for such situations. Without a skilled attorney on your side, your chances of winning your case are slim.
Their legal team has years of experience, which gives them a significant advantage. Hiring an experienced auto accident lawyer will level the playing field and help you fight for the compensation you deserve.
The company’s lawyers will work hard to minimize—or eliminate—any payout for your injuries. Even a small misstep or statement without your lawyer present can be used against you.
To increase your chances of success, hire an attorney and follow their guidance carefully. This will help you maximize your chances of a favorable outcome.
Several Parties Are Involved
The more parties involved in your auto accident, the more critical it becomes to have legal representation. Every other party will have their own legal team, which puts you at a disadvantage without a lawyer.
In cases involving multiple parties, the blame is often divided, making it difficult to pinpoint one party responsible for all the damage.
If you believe you are fully innocent, you and your attorney will need to work hard to prove it. Even reducing your liability can become a difficult battle, as each attorney will try to shift the blame elsewhere.
You need an experienced Houston car accident lawyer who can challenge all claims and fight for the compensation you deserve.
You’re Struggling to Collect Evidence
One of the biggest challenges after a car accident is gathering evidence. In the rush of the moment, adrenaline often takes over, and people forget to collect crucial evidence. Later, they may struggle to track down witnesses or realize they don’t have enough photos to back up their claims.
In this situation, hiring a professional car accident attorney right away can be a game-changer. A skilled attorney has the resources and experience to gather evidence effectively. For instance, they can conduct face-to-face interviews with witnesses listed in the police report, ensuring that no critical details are missed.
There’s an Opportunity for a Fair Settlement
One of the best outcomes after a car accident is reaching a settlement before trial. This helps you avoid costly court fees and litigation expenses. However, settlements are not always straightforward. They often involve each party using evidence to either reduce or increase the compensation offered.
Having a skilled lawyer by your side is essential during these discussions. A Houston car accident attorney from the Law Offices of Omar Khawaja can significantly improve your chances of securing a fair settlement—one that fully accounts for all your losses.
What does a Houston car accident lawyer do?
A skilled car accident lawyer’s main role is to ease your stress by handling the entire accident claim process for you, ensuring the best possible outcome under the circumstances.
Within that claim process, an attorney will need to complete several steps in order to ensure you win your case.
Here are some of the ways a qualified car accident lawyer can help after an accident:
- Gather evidence to determine who was at fault for the accident
- Identify all parties liable for the car accident
- Manage communications with the negligent driver’s insurance company
- Track your medical bills and out-of-pocket expenses
- Estimate future medical bills and accident-related losses
- Work with your healthcare providers to obtain complete medical records
- Recover lost wages due to time off work
- Represent you at depositions, hearings, and in court
- Handle interactions with lien holders and debt collectors on your behalf
- Negotiate to lower your medical bills (such as for physical therapy and surgeries)
A skilled Houston car accident lawyer will ensure that every aspect of your case is handled professionally, allowing you to focus on recovery while they work to get you the compensation you deserve. Whether it’s negotiating with insurance companies, managing medical bills, or representing you in court, they’ll fight for your best interests every step of the way.
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What should I do immediately after getting into a car accident?
If you are injured, or your family member passes away after a motor vehicle accident, the most proactive approach you can take to protect your legal rights is to hire a lawyer who can help you deal with the insurance company and, if necessary, the court. An attorney can protect your rights and fight for the full, fair compensation you are owed.
After a car accident, it is in your best interests to do the following:
- Seek Medical Attention: If anyone appears seriously injured, call 911 right away. Do not attempt to move anyone who appears to have a severe injury but, instead, wait for paramedics to arrive. Even if you are not gravely injured, you should still seek medical attention after a car accident. The shock of being involved in a crash may initially mask the symptoms of your injury. Over time, you may realize that your injury is more serious than you first realized. For your personal safety, and for the benefit of your future personal injury claim, you should always see a medical professional after a motor vehicle accident.
- Report the Accident: Texas law requires you to report any accident that results in bodily injury, death, or apparent property damage of $1,000 or more to law enforcement. It is a good idea to contact the police and have them come out to the scene of the accident, if possible. In any case, you should always file an official police report if you were injured or if your loved one died in an automobile accident. You should also report the accident to your insurance provider as soon as possible. Often, your insurance company requires you to report accidents within a few days or weeks, depending on the policy you have.
- Preserve Evidence from the Accident: If you can, take pictures of the accident scene, including any damage to your vehicle or physical injuries you sustained, using your smartphone. You should also keep any damaged items, including your vehicle, until your claim has been resolved (if possible). Ask for copies of the official police report, as well as your medical records, and make sure to write down everything you can remember about what happened as soon as possible after the crash. If any witnesses saw what happened, and you can, be sure to get their names and contact information.
- Follow Your Doctors’ Orders: Ensure that you meet with your doctor and follow his or her orders explicitly. Your doctor takes detailed notes of your progress, including your ability to stick to your aftercare plan. These notes will almost certainly come into question, as the insurance company has the right to review your medical records when you are negotiating or litigating an insurance claim. Following your doctor’s orders is not only important for your continued health and wellbeing but also the success of your personal injury claim.
- Avoid Speaking to the Other Driver’s Insurance Company: The other driver’s insurance company will almost certainly reach out to you after the accident in an attempt to get your statement. They may even try to get you to agree to a settlement right away. Do NOT accept a first insurance settlement offer from the insurer. Once you sign a liability release, you cannot go after them later for more money if you discover that your injuries are much worse than previously anticipated.
We strongly encourage you to speak to an attorney at our firm before signing anything or accepting any settlement from the other party’s insurance company.
What kind of damages can I claim in my car accident case?
Often, the financial costs associated with car accidents and accident-related injuries are astronomical. Even if you sustain relatively “minor” injuries, you could still potentially end up paying thousands of dollars in medical bills. On top of this, you will likely need to take time off from work to receive treatment and attend follow-up appointments with your doctor, meaning you could lose substantial wages and income you need to pay for those medical bills.
The purpose of filing a car accident claim is to recover fair financial compensation for these and other losses you have endured as a result of the accident. While every situation is different, and the exact value of your claim depends on numerous factors, many car accident victims recover compensation for certain damages.
Common damages in car accident claims in Texas include:
- Emergency medical care costs
- Ambulance and hospital fees
- Surgeries and other treatments
- Rehabilitation and physical therapy
- Medical equipment/devices
- Prescription medications
- Ongoing and future medical care costs
- Lost income, wages, and benefits
- Loss of earning capacity and future earnings
- Physical and mental pain and suffering
- Lost quality/enjoyment of life
- Mental anguish
- Miscellaneous out-of-pocket expenses
In cases involving gross negligence or willful/wanton disregard for the safety of others, it may also be possible to recover punitive damages.
Also known as exemplary damages, punitive damages are awarded as a way of punishing the defendant and simultaneously working to ensure that similar events do not happen again in the future.
When you work with The Law Offices of Omar Khawaja, PLLC, you get a dedicated team of experienced Houston car accident lawyers fighting for you and your recovery.
While it is true that money does not make up for all the harm you have experienced, it does send an important message to negligent and reckless individuals that people like you are not going to stand for this type of behavior.
Not only does your claim let them know that such conduct will not be tolerated, but it also allows you to fight for the much-needed financial resources you are owed.
Can I still hire a car accident lawyer if I have no injuries?
A car accident injury may not seem serious at first, but appearances can be misleading, especially when it comes to certain injuries like concussions and whiplash. Even if you feel fine immediately after the accident, it’s common for symptoms to appear later. Seeking medical treatment and consulting with an experienced attorney is always the best course of action after a car accident.
Failing to consult with a lawyer could be a costly mistake, as insurance companies may try to take advantage of you by rushing a settlement. Even in low-speed accidents, research shows that injuries like whiplash and concussions can lead to chronic problems. There is no such thing as a “mild” concussion, and post-concussion syndrome can cause symptoms like headaches, dizziness, and memory problems that last for months or even years. Similarly, whiplash can have long-term effects on your health.
By assuming your accident is “minor,” you risk accepting an insufficient settlement. Insurance companies may pressure you to settle quickly to avoid covering future medical costs or property damages. Don’t sign anything until you fully understand how your injuries could impact you long-term. Contact our experienced car accident lawyers today to protect your rights and secure the compensation you deserve.
Should I accept an offer from an insurance adjuster on my car accident case?
Before you accept an offer from the insurance company, it’s in your best interest to consult with a car accident attorney first.
Some of the best people in this world apologize for things they did not even do. Why? Because they care about how their actions affect others. Unfortunately, the insurance adjuster assigned to your case will use your good nature against you when asking for money.
Even a seemingly innocuous apology can be used to deny you the benefits you deserve. Insurance companies consider fighting with claimants a hazard of doing business. DO NOT let them get away with paying you less than what you are owed.
Before filing a car accident claim, you should know that:
- The insurance adjuster will not put your interests first, no matter how empathetic he or she sounds
- The insurance company will likely argue that you were at fault or dispute the validity of your injuries
- All of your telephone calls are recorded and are admissible as evidence in civil court
- Insurance adjusters are trained masters in the art of negotiation and instilling self-doubt in the minds of injury victims or wrongful death survivors
- There is a filing deadline for your car accident lawsuit; if you miss this deadline, you will almost certainly lose your right to seek compensation for your damages
Hiring a car accident lawyer does not make you appear to be guilty or at fault. It is your fundamental right to let an attorney review any settlement offers or file a claim appeal. In fact, it is in your best interests to always speak to a lawyer before signing anything provided to you by the insurance company or agreeing to any settlement they may offer.
How do car accident claims work?
Texas is what is known as a “tort” state when it comes to auto accidents and insurance claims. This simply means that insurance claims must be brought based on fault.
In other words, you must prove that someone else—whether it’s another driver, an auto manufacturer, or some other party—was at fault for the accident that led to your injuries or the death of your loved one to have a case.
All motorists are automatically assumed to owe others on the road a reasonable duty of care. This means that they have a legal responsibility to follow the law, drive carefully, and take all reasonable measures to prevent causing an accident. When they fail to uphold this duty of care, and you are injured as a result, you have the right to take legal action.
To have a car accident claim in Texas, you will typically need to prove the following:
- You were injured due to an accident and suffered measurable losses, known as “damages”
- The defendant was at least partly responsible for the accident
- If you were partly at fault, your degree of fault was not more than the defendant’s
- The accident was the cause of your injuries and resulting damages
Note that, in some cases, you may still file a personal injury claim in Texas if you were partly at fault for the auto accident that led to your injuries. Under the state’s modified comparative negligence rule, you can seek compensation for damages as long as you were no more than 50% at fault for the accident.
If you are found to be 51% or more at fault, you may not file a claim or receive compensation for your accident-related injuries and damages.
Additionally, if you are found to be partly at fault, even if you are less than 51% at fault, you cannot recover the full amount of damages you are seeking. Instead, your recovery will be reduced by your percentage of fault.
For example, if the insurance adjuster and/or court find you 25% at fault for the accident, and you are seeking $10,000 in damages, you may only recover up to 75% of that amount, or $7,500.
Insurance companies may utilize the rule of modified comparative negligence to devalue your claim, or they may argue that you were more than 50% at fault for the crash and, therefore, not entitled to any compensation.
At The Law Offices of Omar Khawaja, PLLC, we know how to fight back against these and other insurance company tactics used to dispute rightful car accident claims. We encourage you to get in touch with our team today to learn how we can stand up for you and your rights.
How much does a lawyer get from a car accident settlement in Texas?
In Texas, most car accident lawyers work on a contingency fee basis. This means they only get paid if you win your case or settle.
Typically, lawyers take 33% of your settlement if your case settles before going to trial. If the case goes to trial, the fee may rise to 40%.
Keep in mind, this fee is taken from the settlement amount. Additional costs, such as court fees or expert witness fees, may also be deducted. Always check with your lawyer about their fee structure before moving forward.
How do I prove who's at fault in my car accident case?
Proving fault in a Houston car accident is crucial for securing fair compensation for your injuries and damages. To establish liability, several key pieces of evidence can bolster your claim.
- One of the most vital pieces of evidence is the official police report. This document often contains critical information gathered at the scene, such as observations made by the responding officers and any citations issued to involved parties.
- Witness testimony can also play an invaluable role. Eyewitnesses can provide unbiased accounts of the accident, often filling in gaps that physical evidence alone cannot. Gathering contact information from witnesses at the scene and following up with written statements or depositions can strengthen your case.
- In the modern age, traffic camera footage is increasingly available at intersections and major roadways in Houston. Obtaining this footage can offer a clear, objective view of the events leading up to and including the accident. This evidence can be pivotal in cases where there are disagreements over how the collision occurred.
- Lastly, accident reconstruction experts can be employed to interpret vehicle alignments, road conditions, and impact points to provide a professional assessment of how the accident transpired. These experts use scientific tools and analysis to recreate the accident in a court setting, offering clarity and supporting other evidence.
By compiling these types of evidence—police reports, witness statements, traffic camera footage, and accident reconstruction—you can build a compelling case to prove fault in a Houston car accident. Be sure to keep these elements in mind when searching for information on the topic, as they are crucial components to establishing liability and ensuring a successful outcome for your claim.
Can an attorney still help me if I was partially at fault for the car accident?
Yes, an attorney can still help you even if you were partially at fault for the car accident. Texas follows a modified comparative fault system, which means you can still recover damages as long as your percentage of fault is 50% or less.
For example, if you are found to be 25% at fault for an accident that caused $100,000 in damages, you could still recover $75,000. However, if your fault is greater than 50%, you would not be able to recover any damages.
An experienced car accident attorney will help assess the situation and ensure your rights are protected, guiding you through the process to recover the maximum compensation possible based on the facts of your case.
What are the different types of car accidents?
The most common types of car accidents include:
- Rear-End Collisions
Occur when one vehicle hits the back of another. These are often caused by tailgating or sudden stops and can lead to whiplash or other neck and back injuries. - T-Bone or Side-Impact Accidents
Happen when one vehicle crashes into the side of another, typically at intersections. These accidents can be severe and cause serious injuries, especially for passengers on the side of impact. - Head-On Collisions
Involve two vehicles driving directly toward each other and colliding. These are often the most dangerous type of crash, resulting in serious injuries or fatalities due to the high impact speed. - Side-Swipe Accidents
Occur when two vehicles traveling in the same direction make contact, usually on the sides. These accidents can happen when one driver changes lanes without checking their blind spot or drifts into another lane. - Single-Vehicle Accidents
Involve only one car, such as when a driver loses control and crashes into a tree, pole, or ditch. These are often caused by driver distraction, weather conditions, or poor road conditions. - Rollover Accidents
Occur when a vehicle flips over, either onto its side or roof. These accidents are more common with larger vehicles, such as SUVs or trucks, and can be caused by sharp turns, collisions, or high-speed crashes. - Parking Lot Accidents
Happen in parking lots or garages, often involving minor collisions. Common causes include distracted driving, misjudging parking spaces, or failing to yield the right-of-way. - Multi-Vehicle Accidents
Involve three or more vehicles and are often the result of chain reactions or accidents that occur in heavy traffic or on highways. These accidents can involve multiple causes and parties, making them complex to resolve.
Each type of car accident carries different risks and potential injuries, which is why it’s important to consult an experienced attorney to understand your legal options if you’ve been involved in one.
What are the most common causes of car accidents in Houston?
As previously mentioned, negligence is the most common cause of car accidents. This negligence can—and does—take many forms, from human error to traffic law violations and more.
Specifically, some of the most common causes of motor vehicle accidents include:
- Speeding, including driving too fast for current conditions
- Distracted driving, including cellphone use/texting while driving
- Driving under the influence of alcohol and/or drugs
- Fatigued or drowsy driving, as well as falling asleep at the wheel
- Failing to yield the right of way to other drivers, pedestrians, and bicyclists
- Disobeying traffic control devices, such as traffic signals and stop signs
- Unsafe or unlawful turns, passing, merging, or lane changes
- Aggressive or reckless driving, including road rage
- Dangerous or defective road construction or design
- Improper or missing roadway maintenance
- Auto defects, including defective tires, brakes, seatbelts, or airbags
At The Law Offices of Omar Khawaja, PLLC, our Houston car accident lawyers work with accident reconstruction experts, as well as a team of other specialists, to identify the exact cause of your accident and the myriad effects it has had on your life.
Once we have put together powerful evidence on your behalf, we develop innovative legal strategies aimed at maximizing your recovery. While most car accident cases settle outside of court, we are fully prepared to represent you at trial if necessary.
What are the most common car accident injuries?
One of the main elements of a car accident case is proving that the crash caused you actual bodily harm. Without physical injuries or monetary damages resulting from those injuries, you do not have a personal injury case.
Motor vehicle accidents often lead to devastating, life-changing injuries, such as:
- Head and brain injuries
- Neck, spine, and back injuries
- Whiplash
- Burns and road rash
- Broken bones
- Paralysis
- Disfigurement
- Dismemberment
- Soft tissue and organ damage
At The Law Offices of Omar Khawaja, PLLC, we not only understand how serious your injuries are but also how important it is that you receive fair compensation for your resulting medical bills, lost wages, and other expenses.
In addition to fighting for fair compensation for your economic losses, our attorneys are ready to advocate for maximum recovery for non-economic damages on your behalf, such as pain and suffering, emotional distress, and lost enjoyment of life.
What is the time limit on filing my car accident claim?
In nearly all cases, you have only two years from the date of the accident to file a car accident lawsuit in Texas. While this may seem like a long time, the truth is that it takes a long time to gather evidence and prepare your case. The sooner you reach out to an experienced attorney, the better.
If you fail to bring your claim to court before the two-year statute of limitations expires, you will almost certainly lose your right to sue the liable party for damages.
This means that you won’t be able to recover any compensation for your medical bills, lost wages, pain, suffering, or related losses. Don’t wait until it’s too late! Reach out to The Law Offices of Omar Khawaja, PLLC right away to learn how we can help you with your car accident claim.
Get The Best Car Accident Lawyers in Houston!
When you’ve been in a car accident, you deserve the best legal representation to ensure you get the compensation you deserve. The Law Offices of Omar Khawaja offers experienced Houston car accident lawyers who will guide you through every step of the process, from gathering evidence to negotiating with insurance companies. We fight tirelessly for your rights so you can focus on recovering.
Contact us today for a free consultation and let us help you get the results you need!