Houston Car Accident Lawyer

Have you or a loved one been injured in a car accident in the Houston area?

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Protecting you from car accident-related injuries.

Being involved in a car accident can be an extremely traumatic experience. Between potential injury and potential car damage, you could be faced with not only extensive fees dependent on if you are at fault but lifelong damages to your health. If you’ve been involved in a car accident, it is important not to go the course alone. You need adequate legal representation to fight for your rights. Our Houston car accident lawyers have fought numerous car accident cases with success.

When being involved in a car accident, many individuals will simply choose insurance to help handle their case. It is important to have a professional look into every aspect of your case to ensure no negligence was at play. Let our Houston car accident lawyers fight for maximum compensation for you and your case.

Car accident cases: the basics.

When involved in a car accident, typically, the person at fault is liable and can take care of any damages with his or her insurance. When an injury is involved, the process can be a bit more complex. The person sustaining any injury will have to go to the hospital and provide documentation for any injuries sustained and proof that these injuries were a direct result of the accident. Typically, this is when a legal expert will come into play.

The laws that apply to car accidents vary from state to state. Most states’ provisions are having to provide for who was at fault for the accident. Others have a “No-Fault law”. Sometimes it is very easy to determine who was at fault in a car accident case and others, it can be difficult.

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If you or a loved one has a related case, please fill out the form below to schedule a call.

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Jarrett L. Ellzey Attorney at Law
Ellzey & Associates, PLLC
Houston, TX
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Types of Cases

In order to prove that the accident was a result of some sort of negligence on behalf of one of the parties involved, a few things will need to be looked at:

Legal driving standards – When a person gets behind the wheel of a car, they have a duty to abide by the rules of the road and take the protection of others on the road into their account. This applies to speed limitations, watching for bicyclists, merging limitations, and having respect for commercial vehicles such as buses on the road.

Reckless driving is another common cause of car accidents on Texas roads. Reckless driving includes things like speeding, changing lanes too quickly, swerving, and tailgating. Sometimes reckless drivers are rushing to get somewhere on time, are not paying close enough attention to the road, or are trying to get an adrenaline rush. Whatever the reason, reckless driving is unnecessary, and the consequences can be catastrophic for anyone who meets a reckless driver.

Breach of legal driving standards – When a driver does not adhere to the rules of the road, this is considered a breach of driving standards. A breach of legal driving standards could be as simple as not going the correct speed limit, to texting while driving, to driving under the influence. When a person gets behind the wheel of a car, they must be held accountable to keep the lives of others safe. When someone does not take the safety of others into account and acts out of selfishness or carelessness, this is considered an act of negligence.

Injury due to negligence – Driving related injuries can take a lifelong toll on an individual. Some individuals involved in a car accident with sustained injuries are lucky enough to walk away and live a normal life, recovering quickly. Others, injuries can pose a lifelong threat and sometimes can be fatal. Driving related injuries are usually the result of lack of attention while behind the wheel or being under the influence of a substance that impairs the driver’s ability to pay adequate attention while behind the wheel. Driving under the influence of a substance that impairs a driver’s driving abilities is a serious offense and can result in a DUI. A DUI can hold many negative consequences, including having one’s driver’s license revoked, posing a threat to one’s potential career, and much more.

In some cases, it is not always the fault of just one party in a car accident. Sometimes, both parties share fault in the accident. This could be in the case of both driver’s texting and being a part of a collision. In cases like this, this could take a toll on the amount of compensation that is able to be recovered, if any at all. This will typically vary depending on the state to state laws.

Steps to Take After a Car Accident in Houston

When an injury is involved in a car accident, these are the steps that should be taken to determine fault and to receive potential compensation:

Investigation – The police, as well as your attorney, will perform an investigation and study all factors of the case. Typically, at the scene of the accident, officers will interview both parties involved in the accident and take statements. They will also assess the state of the vehicle, as well as any injuries, one or both parties have sustained as a result of the accident.

Medical visit – If an injury is involved, it is important to visit the hospital as soon as possible to get documentation attributing any injuries to the accident. This is extremely important in being able to prove the fault of another party in a car accident.

File a claim – It is important to file a claim with your insurance company once a car accident occurs. Your insurance company will help to ensure that the damages or a portion of the damages are paid for so little to nothing will come out of your pocket. This is usually done through collision coverage, even if you are not at fault for the accident.

Contact an attorney – Once you have visited a medical expert and filed your insurance claim, it is now the time to contact a car accident attorney. It is important to be as detailed as possible with your attorney and to provide any relevant documents such as medical bills, statements, and insurance documents so that your lawyer can effectively build your case.

Case settlement/lawsuit – When you have recovered from your injury, you have the choice to either settle your case or move forward with a lawsuit against the other party. If you are not sure whether a lawsuit is necessary, your lawyer can advise you in regard to the circumstances of your case and help you to move forward.

Mediation – Before mediation, your attorney will typically speak to the other party to get his or her statements on the accident. Once this happens, both parties and their attorneys will meet for mediation. Mediation is done to hopefully reach a settlement on behalf of each party so that the case will not have to progress to trial.

Trial – If a settlement or agreement cannot be reached, the case will then progress to trial for the court to determine fault and compensation agreements.

If you have been injured in an accident and need guidance on next steps, contact one of our Houston car accident lawyers today and let us answer any questions you may have.

Houston Texas Car Accident Frequently Asked Questions (FAQ)
If I was injured in a car accident, will I need to go to court?
Whether or not you will need to go to court will depend on the case and if a settlement is able to be reached. If the other driver’s insurance company agrees to pay what your attorney has advised in regard to what your damages are worth, your case will not have to go to court. If both parties cannot reach an agreement on a settlement, then the case will have to progress to the litigation process for the courts to decide on an outcome for the case. Typically, an attorney will do whatever they can through mediation to prevent the case from having to progress to the courtroom.
Should I see a doctor after an accident even if I don’t feel injured?
It is advised to always consult with a doctor after a car accident, even if you do not feel injured. A doctor may be able to see potential injuries that you were not aware of. This could provide for compensation that you did not know you were eligible for. It is important to keep records of any doctor or hospital-related bills to show to your attorney.
How do I decide whether a lawsuit is necessary or whether I should just let my insurance handle everything?
This will all depend on the extent of the injury and what is advised by your attorney. Through case evidence and research, your attorney will be able to advise you on if the case is worth moving forward in the litigation phase, or whether the damage compensation is fair.
How do I decide whether to repair or replace my car?
Your insurance company will be able to decide whether your car is eligible to be repaired or whether you will need to replace your car. They will need to see pictures of the damages, and sometimes even see the damages in person to determine what route to take.
Will I have to face jail time for my accident?
Jail time for a car accident usually only occurs in extreme circumstances. If an individual was killed as a result of the negligence of another driver, then it is possible that a person will have to face jail time. In the case of a DUI, it is also possible that an individual may have to face jail time. Usually, jail sentencing will vary from case to case.

Types of car accident damages.

There are many different types of damages that can occur as a result of a car accident. Many of these can take a toll on the quality of life of an individual, along with personal finances.

Some of the damages that can happen as a result of a car accident might be:

  • Medical expenses – When a person is injured as a result of a car accident, they must take into account the expenses needed not only to assist with current treatment, but expenses needed to account for any future medical treatment. Medical expenses due to car accident injury could result in hospital bills, ambulance costs, medication, possible at-home care, potential surgery, etc.
  • Loss of work – If a party is injured in a car accident, he or she may have to take a leave of absence from work or disability leave in order to recover. This can result in a substantial loss of income if the company is not willing to pay the employee during their time off. Factoring in medical bills, along with daily household expenses, this can take an extreme toll on one’s bank account.
  • Pain/suffering – Injury as a result of an accident may result in extensive pain and suffering on behalf of the victim. It will need to be assessed whether there can be a recovery of damages for any pain and suffering endured as a result of a car accident related injury.
  • Loss of enjoyment – Many times, an injury may result in an individual suffering from not only pain but being able to adequately carry on a relationship with one’s spouse or family. This can be as a result of depression or if disfigurement due to injury was involved, self-consciousness, and trying to adapt to a new way of life. If it is determined that a person’s personal life is directly affected due to a car accident-related injury, he or she may be eligible for compensation.
  • Quality of life – If a person’s daily life is impacted directly as a result of their injury, i.e. they cannot partake in daily tasks such as household work, driving, or work-related tasks that they would have otherwise been able to take part in, they may be eligible to recover damages.

What a Houston car accident attorney can do for you.

A car accident attorney can prove beneficial to your case in many different ways. It is always advocated to have a third party to communicate with the other party involved so that nothing is said out of anger or emotion.

Your attorney can go over any police reports, medical records, along with interview any witnesses, as well as the other party involved in the car accident, to effectively build your case and help fight for maximum compensation.

Most people do not want to go to court for their car accident case. Your attorney will be able to fight for mediation and draft any potential agreements to be signed by both parties, in order to seek a settlement and keep your case out of the courtroom.

When looking for a car accident attorney, you want someone with litigation experience. Should a settlement not be reached, the case will progress to court and you will want someone with courtroom experience who can effectively build a strong case and fight on your behalf. Let our Houston car accident attorneys recover your damages and fight for what you deserve.

Jarrett L. Ellzey

Partner, Ellzey & Associates, PLLC

About Ellzey & Associates, PLLC

Ellzey & Associates is a Texas personal injury law firm that aggressively advocate their clients’ interests in a wide range of legal disputes. The firm has successfully represented individuals with catastrophic injury, wrongful death, car/truck accident, brain injury and other such cases. Ellzey & Associates also has in-depth experience representing businesses in complex corporate, consumer, and class-action litigation involving a myriad of claims such as breach of fiduciary duty, real estate, fraud, consumer protection and Deceptive Trade Practices Act (DTPA) violations, Telephone Consumer Protection Act (TCPA) violations, products liability, auto defects, government contractor fraud, Medicare and Medicaid fraud, Whistleblower and False Claims Act (Qui Tam) claims, whistleblower protection and wrongful termination.

Law Firm Information
Firm: Ellzey & Associates, PLLC
Address: 1105 Milford Street
Houston, TX
Phone: 1.800.391.0227
Ellzey & Associates Office
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