Do Texas truck accident victim’s immediate actions determine potential financial outcomes?
Texas – March 31, 2021
Accident victims, or loved ones who have been injured, or suffered harmful loss in a truck accident should be aware that their actions immediately afterward may impact their physical and financial recovery. Because truck accidents often result in catastrophic injury and death, partly due to size discrepancies, it is recommended that victims seek the assistance of truck accident attorneys in Texas, who are instrumental in catastrophic personal injury, and wrongful death legal claims.
Post-accident actions.
Truck accident victims should take certain actions to preserve information and evidence that may help with case building toward comprehensive damage recovery including:
- Calmly assessing the situation and offering help to other accident victims when possible,
- Calling law enforcement to the scene immediately for reporting,
- Keeping comments regarding fault to oneself,
- Seeking emergency medical attention even if injuries are not visible to the human eye,
- Obtaining witness contact information where possible,
- Reporting accident to employer and insurance,
- Taking video, or photos of accident scene and property damages,
- Calling a truck accident lawyer.
Negligent parties.
It is important to ascertain who may be responsible for a truck accident. Hiring an attorney to initiate legal action against a negligent driver, trucking company, or manufacturer in the proper timeframe is the first step toward damage recovery. Catastrophic injuries, property loss, and wrongful death may leave individuals and their loved ones with exorbitant medical bills and replacement costs that will plummet them into financial ruin without compensation from negligent parties.
Texas statute of limitations.
The statute of limitations, or time a person has to file a claim against another party is two years in Texas, with specific inclusions regarding wrongful death, medical malpractice and claims against government entities. Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred. There is also a 180 day period to file a notice against a government entity regarding tort claims.
Damages.
Compensatory damages are an award of money to compensate harmful accident losses. A Texas accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation. Economic losses include lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic loss includes pain and suffering, loss of consortium, or companionship. Additionally, exemplary (punitive) damages are meant to punish the individual who caused harm, or injury and loss to the victim, and are contingent upon proving that a defendant deliberately caused harm to another person. Texas law limits punitive damages to two times the amount of actual damages up to $750,000 in total damages, or $200,000. Personal injury attorneys will guide truck accident victim’ actions toward financial recovery on a case-specific basis. Their knowledge is instrumental in accurate calculations that take into consideration all eligible expenses after a catastrophic loss to ensure a victim’s claim is not undervalued, or underpaid.
Consult with a Texas attorney.
Experienced Texas attorneys at the Cooper Law Firm can file a legal action for personal injury claims and wrongful death losses, as well as survivor’s insurance benefits related to truck accident harmful losses. An injury attorney is best suited to build a case utilizing complex trucking industry laws by addressing specific timelines, or statutes of limitations to file an action for recovery.
Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606
Physical Address: 501 N Third St,
Longview, TX 75601
Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035
Sources.
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
https://www.fmcsa.dot.gov/
https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/
https://www.tdi.texas.gov/consumer/auto-insurance.html
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051
https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf
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