Frequently

Asked Questions

General FAQs

Do I need a personal injury attorney after a wreck in Austin Texas?

If you’ve been the victim of a car accident, you likely feel overwhelmed by what to do next. Fortunately, our attorneys at The Stewart Law Firm are here to guide you through the entire process. Our car injury lawyers will investigate your accident, negotiate with the insurance companies on your behalf, and if necessary fight for you in court. We will take care of all the legal work so you can focus on what is most important: your recovery.

What Information should I have before I call an attorney about my car accident?

Once you get in touch with an attorney, you will need to provide them with all of the information you have about the accident, including your recollection of what happened, the other parties’ contact information, information collected from witnesses at the scene, the police report, and medical documentation of your injuries.

How long do lawsuits take?

Contacting an attorney right away is the best way to ensure that your case gets settled as quickly as possible. Most auto injury claims in Texas will be completed within a few months to a year. There are some that will take up to two years, especially if there were serious injuries, if more than one other party was involved in the accident, or if there were multiple victims. Claims shouldn’t take longer than two years unless they go to trial.

Does filing a personal injury lawsuit in Austin Texas mean I’ll have to go to court?

The majority of personal injury claims are settled before a lawsuit is ever filed. Most cases are settled out of court, during negotiations, or with mediation. If none of that works, your case will go to trial. Also, your lawyer will likely choose to go to court if your claim involves a permanent injury or impairment. If your case can be settled outside of court, it will be finished much faster than if you have to go to court. The trial itself can last a day, a week, and sometimes even longer.

What to Expect from the Deposition in Your Car Accident Case in Texas

During a deposition, the attorneys for both parties will be able to question different people who were involved in the accident or who have information about it. These parties might include the drivers, passengers, and any witnesses who saw what happened.

Car & Vehicle Accidents FAQs

Should I see a doctor after a car accident in Austin Texas?

Yes, you should always seek medical help if you feel any pain or discomfort after a car accident. After a full medical evaluation, be sure to document your condition because many injuries are not obvious immediately.

Do I have to go to court if I want to recover monetary damages?

Possibly. Your case may settle before your attorney files a lawsuit. However, it could go all the way to a trial and a jury verdict. The majority of lawsuits are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties involved.

Who determines who is at fault after an auto accident?

In Texas, the legal standard for you to win your Texas auto accident case is by a predominance of the evidence. This means that you only need to prove that your version of the facts, damages, and fault is more likely correct than the defendants.

If the accident was my fault, can I still recover compensation?

If you are more than 51% at fault for the accident, you may not be eligible for financial compensation. Texas follows a “modified comparative fault” rule when more than one party is found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff’s damages, and the percentage of fault that belongs to each party. Under the modified comparative fault rule, the plaintiff’s damages award is reduced by a percentage equal to his or her share of fault.

How long do I have to bring my legal claim against the other driver?

In Texas, car accident lawsuits need to be filed within two years of the date of the crash.

What if the insurance company offers me a check right away?

Do not take the offer. Insurance companies will try to get you to settle your accident claim quickly to minimize the amount it has to pay you for auto repairs, medical care and lost wages.

What if the other driver, who caused the accident, has no insurance?

Texas is considered a no-fault state, meaning that if the uninsured driver caused your accident, injuries and property damage, you may be entitled to sue for damages. Unfortunately, if a motorist cannot afford adequate car insurance, it is unlikely that they will have much to offer financially, despite being sued.

Are there parties other than the at-fault driver against whom I can take legal action?

Yes. A liable party is one at fault for the car accident. According to Texas law, the liable party does not have to be the driver. For example, if you were hit by a driver on the job, the driver may share liability with his company for the accident. (The at-fault party must be at work at the time of the car crash.)

A bar, restaurant or store that provided alcohol to the at-fault driver may also be liable for the driving under the influence (DUI) accident. There may be other examples that fit your case, so that is why we recommend speaking to one of our experienced attorneys at The Stewart Law Firm.

The other driver was uninsured; can I still be compensated?

Yes. Once evidence is examined and the other driver is proven to be negligent, your lawyer will file a lawsuit. This means your lawyer will go after the uninsured motorist’s personal assets.

Austin Personal Injury Attorney

Contact The Stewart Law Firm, PLLC

Nothing is more important to us at The Stewart Law Firm, PLLC than helping injured individuals get their lives back on track. A negligence-related injury can throw anyone’s life out of control, causing them great pain and financial strain. This is why we strive to collectively deliver legal services that are of the highest caliber. If someone else’s negligent or reckless actions have caused you harm, our Austin personal injury attorney can fight to ensure your rights are protected.

Why choose The Stewart Law Firm, PLLC:
  • We have represented thousands of accident victims
  • Our services are available 24/7 – you can call day or night
  • We accommodate English and Spanish speaking clients
  • We don’t charge any fees unless we win your case

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