Injured in a car accident? If so, don’t be the victim twice. Contact a Houston car accident attorney who can explain your legal rights and can help you get the best medical care and maximum compensation for your damages and injuries.
Your hospital and medical bills are mounting, you are missing time from work, and you are in pain. The insurance company has a professional in their side, you need one too. The pain and suffering you are experiencing may continue into the future. Attorney Bryant Fitts is an experienced car accident trial attorney who can assess the issues in your case, determine who is responsible and aggressively get every dollar you are entitled to.
We go the extra mile to maximize your recovery
There many lawyers who claim to go the extra mile, but Fitts Law Firm really does. For example, we will deeply investigate all possible avenues of recovery.
Do you have injuries it will require long-term care?
Have these injuries been calculated into your potential settlement?
Is there a potential product liability claim we can pursue against the car manufacturer?
Does the driver have any additional policies such as an umbrella policy that could provide additional recovery?
Our deep dive investigations leave no stone unturned and make sure you obtain the maximum compensation possible.
Fitts Law Firm will do a comprehensive investigation of all avenues of recovery for financial compensation for your auto accident claim. Call us today. We offer free, confidential consultations, and you don’t pay for our services until we win your claim.
In our experience, these are the most common car, accident injuries:
Broken Bones. Although very painful, broken bones or bone fractures are typically not considered life-threatening. Broken bones do require immediate attention by qualified, medical professionals.
Typical broken bones in a car accident include the tibia, femur, ribs, hips and the pelvis. These injuries are typically treated at the emergency room. The settlement value of a broken bone is normally less than a neck or back injury because bones normally heal after a period of time, whereas neck and back disc related issues can everlasting and cause pain for many years after a car accident.
Whiplash. Whiplash is a neck injury caused by forceful, rapid back-and-fourth movement of the neck, similar to the cracking of a whip. This injury is commonly caused by rear-end car accidents. Whiplash can create soft tissue or muscular injuries as well and damage to the spine including the cervical and lumbar spine. Soft tissue injuries are less permanent than injuries to the actual discs in the lumbar and cervical spine. As such, the soft tissue injuries are not “worth” as much as damaged spine when valuing a claim for settlement. The treatment for a soft tissue whiplash injury in Houston is typically physical therapy. To the contrary, cervical or lumbar discs might require surgical intervention to resolve the pain.
Herniated Discs. Occurs when the discs in the neck or back, which are intended to cushion your vertebrae, become damaged. Sudden trauma, caused by an auto accident, can cause these discs to shift, bulge, or slip. When discs become herniated, surgery may be required. A herniated disc car accident injury is normally valued at more than a broken bone because there are typically long-term effects to herniated discs. These discs do not heal like broken bones.
Broken or Cracked Ribs and Chest Bruising or Contusions. Normally the seat belt, steering wheel or the airbag can cause broken or cracked ribs or bruising to the chest. Broken or cracked ribs typically heal but are very painful during the healing process. Fortunately, broken or cracked ribs heal similar to a broken bone do not normally have lasting impairments to movement or lasting pain.
PTSD (Post traumatic stress disorder) car accidents are one of the leading causes of PTSD. If not treated quickly and promptly, PTSD can have long term affects on the mental stability of car accident victims. Symptoms of PTSD includes racing thoughts, sleep disturbances, poor concentration, or nightmares. Some symptoms of PTSD may not present right after an accident. In Texas, to recover for PTSD related to an automobile accident, you must have some sort of physical injury as well.
How is Fault Proven in my Car Accident Case?
Some automobile accidents are caused by the mistake, misjudgment, or violation of a traffic law by just one driver. In other cases, however, there are multiple drivers at fault. Texas follows a law called modified comparative fault negligence. This means that you can recover from any other person who caused the accident so long as you are not more than 50% responsible for the accident.
Comparative Fault Examples Explained
In Texas, comparative fault is called modified comparative negligence. If you were involved in an auto accident and there is more than one party potentially at fault, and you try to handle your claim alone, the adjuster for the other side may try to apply some sort of arbitrary comparative fault if they think you or another drive had some degree of fault in addition to the other driver.
In one case we have handled in the past, a car that was attempting to cross a street was deemed by the adjuster to be comparatively at fault because they pulled out into oncoming traffic. We disagreed with the adjuster and argued that the driver, who hit out client, failed to yield the right of way to our client. He was trying to cross the lane of traffic. This is an example of what could happen if you try to resolve your claim without a lawyer. The adjusters will convince you that comparative fault should be applied to incidents like this. However, the rule in Texas is that you are entitled to recover damages from the other driver, as long as you are 50% or less at fault.
If you are in a situation where the adjuster is trying to apply comparative fault, I recommend you call our office immediately. The adjuster will try to manipulate you into believing that they have properly evaluated the facts and applied the law. You need an attorney at this point. The adjuster is trying to minimize the amount of compensation offered to you. You need an expert on your side that understands how to apply the law to your set a facts. In this situation, our client was awarded full damages with no comparative fault applied to his actions after we convinced the adjuster that a jury would not agree with the adjusters position.
Person/Pedestrian hit by a Car or truck – If a pedestrian is hit by a car, an insurance adjuster might try to blame the pedestrian for crossing the street at the wrong time or the wrong place. Once again, if you have an adjuster trying to apply comparative fault to a pedestrian or person who is crossing the street, you most likely need to hire a lawyer immediately because the adjusters is trying to use their expertise and try to convince you, as the pedestrian, are at fault when, in fact, you may have no fault at all.
Multiple Cars Involved – When multiple cars are involved in a collision, adjusters will try to apply comparative fault. Often the comparative fault apportioned to each car is arbitrary in nature, and not based on Texas law. Our lawyers understand, comparative fault under Texas law and understand how to negotiate a proper settlement when this is an element of causation. Furthermore, at trial, we understand how to present this type of issue to a jury.
Jaywalker hit by Car – In the event somebody who is accused of jaywalking is hit by a car, this is a situation where comparative fault could be applied. Once again, the adjuster is going to look at this through the lens of the driver of the vehicle and most likely place the blame on the jaywalker that was crossing the street in the wrong spot, however, there are exceptions to this. Suppose the Jay Walker had nowhere else to cross, and the J Walker swears they looked both ways and never saw a car coming, then further assume that the person driving the car was intoxicated. This is a circumstance were comparative fault might not be appropriate a judge or jury could conclude relatively easily that the drunk drivers impairment was the true cause of the accident.
Rear End Car Accidents – There is a common assumption that if you were hit from behind, it’s always the person’s fault that hit you from behind. Based on our experience, I would call this a general rule that adjusters will try to apply to automobile accidents. There are also many exceptions to this rule. If you have been involved in an accident, and you believe that the insurance adjuster is not properly determining the fault, please contact us today so we can walk you through your legal options.
What Qualities Should You Look for When Choosing a Car Accident Lawyer
There are numerous characteristics that make up the ideal car accident, lawyer. First, you should make sure your lawyer has adequate experience at trial and in the court room. Most cases settle before trial, but when adjusters and insurance companies know that your lawyer is willing to take the case to trial, that will generally increase the probability of a larger and quicker settlement. If the case goes to trial, you need a lawyer, who knows how to present the evidence in a format so you can win your case. Also, check online reviews to see how other clients have viewed their experience with the lawyer.
Assuming the lawyer you have considered is viewed favorably by others, and has experience, you also must hire somebody that you are confident can handle your issue. Our law firm will investigate your claim and negotiate your claim for you focus on your life and your medical care.
Bryant Fitts has the qualities you need to be your car accident lawyer. Once the confidential, free consultation is complete, Bryant will outline a plan for your case to maximize your financial recovery and medical treatment.
His team will take witness statements, investigate the facts, examine and test any physical evidence that’s available. Necessary experts will be hired for causation and for damages. You must have proper experts in a case to maximize the recovery.
While we are investigating and working up your claim, we will stay in constant communication and update you on the status. Once the medical treatment is substantially complete and the investigation is complete, Mr. Fitts will meet with you and discuss any opportunities for settlement. You will be full control of whether you decide to accept or reject any settlement offer and you will be updated throughout the intense process of negotiation.
If you have been the victim of a car accident, we want to fight to make it right. Contact the Fitts Law Firm today for your free, confidential consultation today. We will review your claim and explain all the options available to you under Texas law.
Call Today 1-800-99-FITTS.