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If all drivers were safe and responsible, thousands of lives would be saved every year in Texas. Unfortunately, the reality is car accidents are a prevalent and often devastating occurrence on our roads. From distracted driving to speeding and other reckless behaviors, motorists face countless risks on Sugar Land roads. When these risks manifest in the form of a car accident, the aftermath can leave victims grappling with injuries, financial burdens, and emotional or mental trauma.
At the Law Office of Shane McClelland, PLLC, we recognize the profound impact that a car accident can have on your life and well-being. With nearly 20 years of experience, Attorney Shane McClelland has dedicated his career to fighting for the rights of car accident victims and helping them obtain the resolution and compensation they deserve.
Suffering an injury in a car wreck is a traumatic experience that leaves most people shaken and unsure of what to do next. However, it is essential to take certain steps in the immediate aftermath of the accident to protect your legal rights and health. They are as follows:
Your health and safety should be your top priority after a car wreck. Car accidents can range in severity, and even the slightest collisions can have severe and long-lasting repercussions. Injuries are not always immediately apparent. Even if you initially feel fine after the wreck, your body might flood with adrenaline and endorphins, masking pain from the accident. Therefore, it is important to seek medical attention as soon as possible. Additionally, having documentation of your injuries from a medical professional will be essential for any potential lawsuits.
Contacting the police and reporting the accident is mandatory in Texas if there is an injury or significant property damage (over $1,000). Law enforcement officers will investigate the scene, gather evidence, and create an official accident report. This report will be valuable for insurance lawsuits and any legal proceedings that may follow.
If you are able to do so safely, gather information and evidence from the scene of the wreck. Take photographs of the vehicles involved, any damage sustained, road conditions, and any visible injuries. Exchange contact and insurance information with the other parties involved, as well as any witnesses to the crash.
Be sure to consult with an experienced car accident lawyer in Sugar Land as soon as possible after the accident. An attorney can help protect your rights, guide you through the legal process, and negotiate on your behalf to recover the compensation you deserve for your injuries and damages.
The insurance company may reach out to you immediately after the collision to try to get a recorded statement about what happened in the wreck. They may even offer you a low settlement in an attempt to sweep the case under the rug. While a quick settlement may seem enticing, insurance companies, even your own, are not looking out for you. The settlement offer may seem sufficient at the time, but without a professional analysis of your total losses, there is no way to guarantee the settlement will fully cover your damages.
Car accidents are sudden, unexpected events that can result in significant physical, emotional, mental, and financial hardships. Fortunately, if you were injured due to the negligence of another driver, you may be entitled to monetary compensation for your losses. Here are some common types of compensation available in Sugar Land car accident cases:
One of the most significant forms of compensation available after a car accident is reimbursement for medical expenses. This can include costs such as:
In addition to direct medical costs, compensation for medical expenses may also cover ongoing rehabilitation and future medical care required as a result of your injuries, such as physical therapy.
If your injuries prevent you from working, you may be entitled to a settlement to recover your lost wages. This can include both the wages you have already lost due to time taken off work for medical treatment and recovery, as well as any future lost earning capacity if your injuries result in long-term or permanent disability.
Compensation for pain and suffering is intended to provide financial relief for the physical pain, mental or emotional distress, and mental anguish caused by the accident and your injuries. This type of compensation is more difficult to quantify than economic damages but is often awarded based on the severity of your injuries and their impact on your quality of life.
If you had a vehicle that was damaged in the accident, you might be entitled to financial compensation for the cost of repairs or, if it was totaled, the fair market value of your vehicle. Property damage compensation can also include reimbursement for other damaged property, such as personal belongings inside the vehicle.
In cases where a car wreck results in serious injuries or death, family members may be entitled to a settlement for loss of consortium. This type of compensation is intended to provide financial support for the loss of companionship, affection, support, and services that the injured party would have provided to their family members if not for the crash.
In cases involving particularly egregious conduct, such as drunk driving or reckless disregard for the safety of others, punitive damages may be awarded in addition to compensatory damages. Punitive damages are intended to punish the at-fault party and deter similar conduct in the future.
When a car accident is the result of another person’s recklessness, the injured party may file what is known as a personal injury lawsuit with the negligent driver’s insurance company or file a lawsuit against the at-fault party to recover their damages. However, to establish the at-fault party, you must first demonstrate that they acted negligently. Negligence is proven by showing that the at-fault driver:
Texas currently follows a modified comparative negligence standard, meaning you can sue for damages even if you are partially liable for the accident. But if a jury finds you more than 50% responsible for the collision, you cannot recover for your injuries from the wreck. Liability is not cut-and-dry, however. Even if you think you are over 50% liable, you should still contact a Sugar Land car accident lawyer to have the attorney analyze the facts of your situation with the law.
There is currently a two-year statute of limitations in Texas for filing a personal injury lawsuit. This means that you have just two years from the date of the accident to file a lawsuit with the proper court and serve the at-fault party, so do not wait to seek legal guidance after a wreck.
By partnering with Attorney Shane McClelland, you are giving yourself the opportunity to recover from your injuries while a knowledgeable, experienced, and compassionate professional gets to work building a strong foundation for your case.
As the plaintiff, you have the burden of proving that the other party caused the wreck and subsequent damages. Attorney Shane McClelland will use admissible evidence to establish liability. He will immediately investigate the circumstances surrounding your car accident to collect this evidence, assessing data such as:
Dealing with insurance companies can be intimidating. Our team will handle all communication and negotiation with insurance adjusters on your behalf, fighting for the full and fair compensation you deserve for your injuries and damages. Although most car accident cases in Sugar Land are resolved through negotiation or settlement, Attorney Shane McClelland is always prepared to take his clients’ cases to court if necessary.
At the Law Office of Shane McClelland, PLLC, we prioritize personalized attention and open communication with our clients. You will work directly with Attorney Shane McClelland, who will take the time to listen to your concerns, answer your questions, and keep you informed every step of the way.
For almost 20 years, Mr. McClelland has provided a unique, personalized approach to representing personal injury clients in Sugar Land, Texas. He understands the inherently overwhelming nature of being involved in a car accident, so he will walk hand in hand with you through the entire process. Call our office today at (713) 987-7107 or reach out to us online to schedule a free review of your car accident case with Attorney McClelland today.
