Fighting Fearlessly For Your Rights

A Car Accident Raises So Many Questions

In addition to fighting for your rightful compensation, a personal injury attorney can help to give you peace of mind during an anxious time. Below I answer some common questions that clients have in the aftermath of a car accident.

When you contact the Law Office Of Joseph Onwuteaka, P.C., in Houston, I can address your specific questions and concerns in a free consultation. Call 281-661-5333.

What does it cost to hire a car accident lawyer?

Nothing on the front end. Like most personal injury lawyers, I work on a contingency fee. If I am not able to recover money for you, you do not pay any attorney fees. The standard fee is one-third of the recovery. Since the fee is the same from one firm to the next, you are better off hiring an experienced lawyer. I have been helping injury victims for over 30 years. Also, see Personal Injury FAQ.

What if I was partly at fault for the accident?

First of all, you should never volunteer statements about the fault to the other driver or to an insurance adjuster. Even if you believe you were at fault, the other driver may have been negligent too. Texas is a comparative fault state. This means that if you are determined to be partially to blame, your compensation would be reduced accordingly. For example, if your damages were calculated at $60,000 but you were found to be 25% at fault, you could only recover $45,000.

What happens if the other driver has no car insurance?

This is all too common. While the law requires every Texas driver to carry accident insurance, many do not. And many drivers carry only the legal minimum, which may not cover the injured person’s losses in a major accident. If you have uninsured motorist/underinsured motorist coverage (UM/UIM) on your own auto policy, your insurance company will cover the difference.

Who can file a car accident claim?

Anyone who has been injured in a car accident due to the negligence of someone else can bring a claim, whether you were the driver or a passenger. If the injured party is a minor, then a parent or guardian must file on their behalf.

What happens if my child is awarded money?

The courts tend to become very protective over minor children involved in car accident claims. Children are usually appointed a guardian ad litem who will protect the child and act in their best interest. The guardian ad litem is not there to negotiate the case, they are only there to see that the money is invested wisely and properly for the child. If the child is awarded a large sum, the guardian ad litem may set up a structured settlement with monthly payments to the child beginning once they reach a certain age.

How much is my car accident case worth?

Each case is different and there is no rule of thumb for determining how much your car accident claim may be worth. You may be entitled to recover compensation for economic damages, such as medical expenses, loss of income, loss of future earnings and property damage. You can also seek compensation for noneconomic damages such as pain and suffering, emotional distress and loss of consortium (spousal relations). The important thing is not to settle your case before the extent of recovery is known; you could be leaving money on the table and signing away your rights to future medical care.

Let’s Discuss Your Accident

Contact Law Office Of Joseph Onwuteaka, P.C., to schedule a free consultation and case evaluation. I practice in Harris County and Fort Bend County. Call my Houston law office at 281-661-5333 or use this online contact form.