Accident Injury Lawyer

Accidents fall under different legal categories called practice areas. Of these, our law firm handles:

• Boating and watercraft accidents: Collisions involving watercraft require knowledgeable representation due to the complex nature of state, federal, or international maritime laws

• Traffic accidents: Accidents involving motorists, passengers, motorcyclists, bicyclists, scooter riders, or pedestrians that result in property damage, lost wages, and medical bills

• Premises liability cases: Injury-causing accidents that occur away from home or on rented or leased property, usually resulting from unsafe conditions or failures to warn visitors of known hazards

• Product liability: Injuries caused by defective consumer products or insufficient warnings and instructions 

• Severe injuries and wrongful death: Traumatic brain injuries, temporary and permanent disabilities, and other devastating medical conditions and losses caused by someone else’s negligence

First, an attorney must identify who is responsible for your injuries. Next, he or she can gather evidence to prove the liable party’s negligence or recklessness in court. 

Establishing fault 

Many personal injury cases are based on the principle of negligence. Negligence is a failure to behave with an appropriate level of care. For instance, ordinary drivers operate their vehicles according to traffic laws. If an accident occurs due to a negligent driver’s lack of prudence, you can hold him or her liable for your losses.

An accident lawyer can help you establish fault by gathering evidence proving the following elements of negligence:

• The person owed a duty (e.g. a doctor to a patient, a motorist to others sharing the road)
• The person did not fulfill that duty 
• Your injury was a direct result of his or her failure to perform the duty

To illustrate, suppose a commercial driver gets distracted by text messages. He or she runs into your vehicle, causing injuries and emotional distress. Since the person’s actions could indicate negligence, a personal injury lawyer can help you file a compensation claim.

Recklessness is another ground for civil action. The definition of reckless behavior might vary from state to state. In Texas, it is defined as being aware of but consciously disregarding “substantial and unjustifiable risk,” grossly deviating “from the standard of care that an ordinary person would exercise.

In Utah, recklessness is defined as intentional conduct or criminal negligence with either an intention to cause the result or disregard for what an ordinary person would have recognized posed a significant, unjustifiable risk.

Establishing fault and proving reckless or negligent behavior requires evidence. Accident attorneys must investigate the circumstances around the accident to gather the necessary proof.

Proving your losses

Once a lawyer establishes who is liable for your injuries, the next step is proving your losses. Insurance companies might disagree with the extent of your injuries or the cost of your medical treatment. The more proof you have, the stronger your case will be.

Competent accident injury attorneys will collect proof, such as:

• Photographs and videos of the accident, road conditions, and other contributing circumstances at the accident scene
• Eyewitness testimony
• Estimates for vehicle damage repair or replacement
• Medical bills
• A doctor or therapist report
• Employment records showing lost wages
• Commercial or rental vehicle logs (i.e. records showing the history of inspections and maintenance)
• Safety reports (i.e. evaluations from safety organizations that OSHA demonstrating the business or workplace record of safety and accident handling)
• Opinions from industry professionals (e.g. accident reconstructionists, medical specialists, or psychologists)

Some evidence and documentation are difficult to find, especially as time passes. Resourceful legal teams can help you obtain the proof you need before it is too late.

Every day counts when you are handling a personal injury claim. Many factors affecting your case require prompt action. Learn about some of the most pressing components below.

Police reports

In some states, you are required to call traffic authorities under specific circumstances. For example, Texas law requires those involved in motor vehicle crashes to report accidents if someone is injured or dies. A report must also be filed if the injury or property damage amounts to $1000 or more.

Some people prefer not to report minor fender-benders. Yet, if you were hurt or if there is a dispute about fault, a police report could prove to be essential documentation for an accident claim.

You have 10 days after a crash to submit a written incident report to the Texas Department of Transportation (TxDOT). However, calling from the scene is often wise. Traffic police can assess the situation, speak with witnesses, and add details to the report while the evidence is still fresh.

Insurance paperwork

Where do you live? Where did the accident occur? Your answers to these questions will determine what kind of auto insurance coverage drivers must have and who pays in case of an accident.

Insurance laws vary from state to state. Many states require drivers to carry auto insurance, which covers accidents they cause.

Other states, including Texas and Utah, require drivers to carry policies that pay the policyholder’s medical expenses and loss of income regardless of fault. Let’s look at Utah as an example.

In Utah, registered motorists must meet these minimum motor vehicle liability policy limits:

• $25,000 for bodily injury or death of 1 person
• $65,000 for bodily injury or death of 2 or more people
• $15,000 for property damage
• $80,000 for bodily injury, death, and property damage caused by a single accident

These minimums apply to passenger vehicles. Self-insured drivers, private rental fleets, and commercial vehicles are subject to different coverage requirements. 

Insurance companies often set time constraints on reporting accidents. Of course, if injuries prevent you from reporting right away, most insurers will consider your health circumstances.

In general, an insurance company must investigate claims for up to about 30 days. State laws protect you from unnecessary delays, so contact an attorney if months go by without a response.

An accident attorney can communicate with insurers on your behalf and review any settlements they offer to ensure you get treated fairly. You should contact an attorney before contacting your insurance provider. He or she can help you maximize your compensation, as his or her knowledge and experience could help you avoid common mistakes while building a strong case.

At Fielding Law, our legal team can also take on the burden of communication with the authorities and eyewitnesses. Yet, this is not the only way that having legal counsel can reduce your stress.

Statute of limitations

State deadlines on how long you have to file a lawsuit are called statutes of limitations. These range from 1 to 6 years. Generally, the time starts on the day of the accident.

Suppose you were in an accident on January 1, 2024, in Texas. You would have 2 years, until January 1, 2026, to file a claim. However, if the accident occurred in Utah, the 4-year statute of limitations would not run out until January 1, 2028.

Are there exceptions that allow you to take legal action after the statute expires? Yes, but these are rare. To learn about your rights, consult a lawyer in the state where the accident occurred.