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Attorney Shane McClelland Will Fight by Your Side

Rosenberg, TX Car Accident Lawyer

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Representing & Fighting for Clients for Almost 20 Years

Two people looking at a car accident.Unexpected and life-altering events can occur in the blink of an eye. Car accidents, unfortunately, are a part of this reality, leaving individuals and families grappling with the aftermath of these traumatic incidents.

In the wake of a car accident, the road to recovery can seem daunting, filled with uncertainty, questions, and frustrations. At the Law Office of Shane McClelland, PLLC, we understand that a car accident can affect individuals in many devastating ways. That is why we aim to shoulder the legal burden by working diligently on your behalf to recover the compensation you and your family deserve.

Compensation You May Recover After Suffering an Injury in a Rosenberg Car Accident

After a car accident in Rosenberg, Texas, the compensation you may recover can vary depending on the specific details of your case, the extent of your injuries, and other factors. Experienced Sugar Land car accident lawyer Shane McClelland can help you evaluate your damages and pursue the maximum compensation available. Here are some types of compensation you may be eligible to recover:

Medical Expenses

You can seek compensation for all medical costs you have incurred due to the accident. This can include:

  • Hospital bills
  • Surgeries
  • Doctor’s visits
  • Prescription medications
  • Rehabilitation
  • Physical therapy
  • Any necessary medical equipment

Monetary compensation is also typically awarded for any future medical expenses related to the crash.

Lost Wages

Should your injuries prevent you from working, you may also be entitled to compensation for missed wages and lost earning capacity. Sugar Land, TX car accident attorney Shane McClelland will help calculate these losses based on your employment history and potential future earnings.

Property Damage

Compensation can cover the repair or replacement of your vehicle and any personal property that was damaged in the accident. This includes the cost of repairs, vehicle replacement, or the fair market value of your vehicle should it be declared a total loss.

Pain and Suffering

Non-economic damages, such as pain and suffering, mental anguish, and loss of enjoyment of life, may also be recoverable. Calculating these damages can be complex, but Mr. McClelland can help assign a value to these intangible losses.

Wrongful Death

In cases where a car accident leads to the death of a loved one, surviving family members may be able to seek compensation for funeral expenses, loss of financial support, and the emotional toll of the loss through a wrongful death claim.

Punitive Damages

In some rare cases where the at-fault party’s conduct was particularly reckless or egregious, punitive damages may be awarded. These are intended to punish the wrongdoer rather than compensate the victim directly.

How a Sugar Land, TX Car Accident Lawyer Can Help After an Accident

Attorney Shane McClelland has almost 20 years of experience helping Texas car accident victims. Mr. McClelland can be your advocate and make a significant difference in your recovery by providing you with:

Legal Guidance

Car accident cases can be complex, involving various laws, regulations, and insurance policies. Mr. McClelland possesses in-depth knowledge of Texas traffic laws and insurance regulations. He can help you understand your rights, responsibilities, and the legal options available to you.

Thorough Investigation

At the Law Office of Shane McClelland, we have the resources and experience to conduct thorough investigations into the circumstances of the accident. We will gather evidence, interview witnesses, and work with accident reconstruction experts to determine liability. 

Skilled Negotiation

Dealing with insurance companies can be challenging, as they often try to minimize payouts. Sugar Land car accident lawyer Shane McClelland will handle all communication with the insurance company, negotiate on your behalf, and work to secure a fair settlement that covers your medical expenses, property damage, and other losses.

Litigation Representation

If negotiations with the insurance company do not result in a fair settlement, Mr. McClelland will take your case to court. He will represent you during the litigation process, present your case to a jury and fight for your rights.

Compensation Maximization

At the Law Office of Shane McClelland, one goal is to maximize your recovery. We will consider all potential sources of compensation, including insurance policies, liable third-parties, and your medical bills, lost wages, property damage, pain and suffering, and long-term care costs, and we will work diligently to maximize your recovery.

What Is Comparative Fault?

In Texas, the concept of comparative fault, also known as “comparative negligence,” plays a crucial role in determining who is responsible for an accident and how damages are allocated. This legal principle means that if multiple parties are involved in an accident, each party’s degree of fault will be assessed to determine their share of responsibility. Essentially, if you are partially at fault for an accident, it doesn’t automatically bar you from recovering damages. Instead, your compensation may be reduced in proportion to your level of fault.

Texas follows a modified comparative fault rule with a 51% bar. This means if you are found to be 51% or more at fault for an accident, you cannot recover any compensation for damages. However, if your fault is 50% or less, you can still pursue compensation, but the amount awarded will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident and the total damages amount to $100,000, your compensation would be reduced by 20%, resulting in a potential recovery of $80,000.

Dealing with Insurance Companies After an Accident

Insurance adjuster looking at a damaged car.Insurance companies play a central role in processing lawsuits and providing compensation for damages. However, their primary goal is often to protect their financial interests by minimizing payouts. This means that although these companies are meant to provide support, insurers may also try to settle lawsuits quickly and for less than what you deserve.

Insurance companies follow a set process when handling lawsuits, which includes:

  • Lawsuit evaluation: They will assess police reports, witness statements, medical records, and other details about the accident. Then, they will use this information to determine the extent of the damage and the amount of compensation to offer.
  • Settlement offers: Insurance adjusters may make an initial settlement offer, which is often lower than what you might be entitled to. This offer is usually based on their calculations of liability and damages, but it may not fully cover all your expenses or losses.
  • Negotiations: If the initial offer is insufficient, negotiations will begin. The insurance company may use tactics to undervalue your lawsuit or pressure you to accept a lower amount. 

Various tactics are used by insurance companies to reduce their payout, such as:

  • Quickly offering a low settlement so they can close the case before you fully understand the extent of your injuries or damages.
  • Disputing liability by arguing that you were partially or fully at fault to minimize their responsibility.
  • Delaying payments or requesting additional information to prolong the process, hoping you will accept a lower settlement out of frustration.

Resist the urge to accept the first settlement offer. It’s often in your best interest to consult with an experienced car accident attorney who can evaluate the offer and negotiate for a fair amount.

What To Expect During the Car Accident Injury Lawsuit Process

During your initial consultation, you’ll meet with Attorney Shane McClelland to discuss the details of your accident and injuries. During this meeting, he will review your medical records, accident reports, and any other relevant documents. The goal is to evaluate the strength of your case and outline the potential steps forward. This consultation is a chance for you to ask questions, understand your legal options, and decide if you want to move forward with representation.

Following this, the next steps include:

Evidence Collection

This involves gathering all necessary documents, including police reports, medical records, witness statements, and photographs of the accident scene and damages. Our team will conduct a thorough investigation, which may involve interviewing witnesses, consulting accident reconstruction experts, and analyzing any available surveillance footage.

Negotiations

We will work to determine the full extent of your damages, including medical expenses, lost wages, property damage, and non-economic losses like pain and suffering. Then, we will enter into negotiations with the insurance companies involved. This phase can be complex, as we aim to secure a fair settlement that covers all your losses. We will handle all communications, respond to any counteroffers, and advocate on your behalf to ensure you receive appropriate compensation.

Filing a Lawsuit (If Necessary)

If negotiations do not lead to a satisfactory settlement, we may proceed with filing a lawsuit. This involves:

  • Preparing the complaint: We will draft and file a formal complaint with the court, outlining your case and the compensation you are seeking.
  • Discovery phase: Both sides will exchange evidence and information relevant to the case. This may include depositions, interrogatories, and requests for documents.
  • Pre-trial motions and hearings: There may be pre-trial motions or hearings to address any legal issues that arise before the trial begins.

If the case goes to trial, we will represent you in court, presenting evidence, making arguments, and questioning witnesses. Following the trial, the jury or judge will render a verdict. If the outcome is favorable, we will work to secure the awarded compensation. If the decision is not in your favor, we can discuss options for appeal.

Post-Trial Actions

After the trial, there may be additional steps depending on the outcome:

  • Enforcement of judgment: If you win, we will ensure that the judgment is enforced and you receive the compensation awarded.
  • Appeals: If either party is dissatisfied with the verdict, they may file an appeal. We will guide you through this process if necessary.

Throughout the entire process, the Law Office of Shane McClelland, PLLC, will be by your side. We are committed to keeping you informed, addressing your concerns, and providing the support you need as we work towards a resolution. Our goal is to make the legal process as smooth as possible, allowing you to focus on your recovery and moving forward with your life.

Hire a Seasoned Car Accident Attorney for Legal Guidance in Rosenberg, Texas

If you or a loved one have been involved in a car accident in Rosenberg, Texas, you need a trusted legal advocate by your side. Shane McClelland, our Rosenberg personal injury attorney, understand the physical, emotional, and financial toll that a car accident can take on your life. Our Sugar Land, TX car accident attorney is here to help you navigate the legal complexities and fight for the compensation you deserve.

Contact our office today to schedule your 100% free consultation and take the first step towards recovery. Your future is important to us, and we’re here to fight for your rights. Call (713) 987-7107, or you may reach out to us online for more information about your legal options.

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