- 1. I have been in an accident. What should I do?
- 2. Who is responsible for injuries caused by a motor vehicle accident?
- 3. Is there a time limit for filing my motor vehicle accident lawsuit?
- 4. Do I have to go to court to get fair compensation?
- 5. How do I determine how much my case is worth?
- 6. How much time do I have to file a lawsuit?
1. I have been in a car accident. What should I do?
Your health is most important. If you must attend to medical needs, do so. Then shortly after the accident, if possible, contact the police and file a legal car accident report. Next, contact your insurance agent. Be sure to record the name, address, phone numbers and insurance information of the other driver, including witnesses and any police officers on the scene. Also jot down the circumstances, and the location of the accident. It is also worthwhile to document all injuries and vehicle damage. Immediately contact the Texas motor vehicle accident team at Eberstein & Witherite, LLP.
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2. Who is responsible for injuries caused by a motor vehicle accident?
Generally, anyone whose negligence caused the injuries can be held accountable for those injuries. In most cases, the negligent driver of a car will be held responsible. If a drunk driver causes the accident after being served liquor when he was visibly intoxicated, the person who provided the liquor can also be held liable under Texas’ dram shop provisions.
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3. Is there a time limit for filing my motor vehicle accident lawsuit?
It is important to seek the help of an attorney very soon after an accident. After attending to your health and immediate medical needs, contact an attorney. Otherwise, a time limit, often called a statute of limitations, may prevent you from suing those responsible for the injury, or you may be limited in the recovery you will receive. An attorney can best determine whether there remains time to file your lawsuit. Generally, for personal injuries suffered by adults, Texas requires the plaintiff to file the claim within two years of the date that the injury occurred. A wrongful death lawsuit generally must be filed within two years of death.
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4. Do I have to go to court to get fair compensation?
Many motor vehicle accident cases are settled without the need to file an actual lawsuit, and even more cases are settled after a suit has been filed before a trial becomes necessary. If the case does not settle, and it becomes necessary to take your case before a judge, jury, or arbitrator, the motor vehicle accident team members at Eberstein & Witherite, LLP, are trial attorneys with the experience and substantial resources necessary to pursue the claim in a courtroom.
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5. How do I determine how much my case is worth?
No two cases are similar. The chances for recovery and the amount that would be awarded typically depend on who is at fault, to what extent one is also at fault, the severity of injury, the amount of damage to car and/or property, medical costs, amount of income and future earnings lost as a result of the accident and the effects oneself and/or family members. If you or a loved one has been injured, complete and submit our online case evaluation form. An experienced motor vehicle attorney at Eberstein & Witherite, LLP, will personally review the information you provide and assess your chances of recovering damages. Our bilingual staff can provide straight answers about your legal options.
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6. How much time do I have to file a lawsuit?
After you have been hurt in an accident, your health should be your first priority. However, once you are medically able to do so, it is important to contact an experienced motor vehicle accident attorney. You have just two years from the date of accident to file a suit.
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