Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Category: Car Accidents

  • What Are Compensatory Damages in a Car Accident Case in Texas?

    In legal cases involving injury or damages, compensatory damages provide monetary payment to compensate you for financial and personal losses. Damages cover harm suffered due to the actions of the other driver or negligent party.

    A Dallas car accident attorney can determine which damages you can claim. While they can’t guarantee the outcome, they’ll advocate on your behalf to get the best settlement possible. Below, we look at what compensatory damages you can claim in a car accident in Texas.

    8 Types of Compensatory Damages

    Understanding the different types of compensatory damages helps you navigate the legal process. It’ll also help you get the most out of your personal injury claim.

    1. Medical Expenses

    You may be entitled to reimbursement for past and future medical bills from injuries caused by the defendant. Medical expenses can include hospitalization, surgery, medication, rehabilitation and any other necessary medical treatments.

    2. Lost Wages or Earning Capacity

    When injuries prevent you from working, you suffer financial losses. You can seek reimbursement for income lost due to time taken off work for medical treatment, recovery or disability. Your accident attorney can work with your boss to determine the exact amount of pay you lost.

    3. Pain and Suffering

    Compensatory damages also account for the physical and emotional pain endured by the injured party. You can get compensation for the pain and suffering you experienced as a result of the injury. You may also be awarded compensation for the emotional or mental pain you suffered as a result of the defendant’s actions.

    4. Loss of Consortium

    Loss of consortium refers to the lack of companionship, support and intimacy resulting from the injury. In cases where the injury affects relationships and the ability to enjoy familial bonds, compensatory damages may be awarded.

    5. Loss of Enjoyment of Life

    When injuries impact daily activities or hobbies, your attorney may include damages for the loss of enjoyment of life. The claim acknowledges the diminished quality of life you experienced due to the defendant’s actions.

    6. Emotional Distress

    Accident-related damages can also include anxiety, severe depression or long-term mental problems. Emotional distress damages address the mental suffering you endured during recovery.

    7. Long-Term Damages

    Long-term or permanent damages may include future expenses and losses. You may be able to claim ongoing treatment, therapy and potential loss of income or earning capacity.

    8. Rehabilitation Costs

    Rehabilitation costs, including expenses for any kind of therapy, may be included in compensatory damages. These costs are necessary for your recovery and restoring your quality of life post-injury.

    Contact The Fell Law Firm for a Free Case Review

    If you were injured in a car accident and want to know what your case is worth, contact The Fell Law Firm. Call 972-450-1418 to get a free case review from a car accident attorney in Dallas, Texas.

  • The Importance of Preserving Evidence After a Car Accident

    When a car accident happens, it’s normal to feel a strong rush of adrenaline. This rush is a natural survival instinct, but it can also prevent you from thinking clearly. Car accident survivors often feel confused, overwhelmed and panicked. Not surprisingly, in the middle of everything, they forget the importance of preserving evidence.

    At Fell Law Firm, our experienced attorneys have handled a full range of car accident cases. This includes cases that hinged on evidence that seemed unimportant at first. Here’s what you should know about preserving the right evidence after a crash.

    The More Evidence Collected, the Clearer You Make Your Case

    In a car accident case, the evidence helps paint a picture of what happened and who was at fault. The more evidence you collect, the more complete that picture becomes. Relevant evidence may include:

    • Photographs: Pictures of the accident scene, damage to your vehicle and injuries (both at the hospital and throughout recovery) can be critical to the success of your case.
    • Statements: Witness statements can be a good source of information from a neutral third party.
    • Expert testimony: Serious car accident cases often rely on experts to testify about what may have happened or how an injury may affect your life.
    • Dashcam videos: These videos can be some of the most powerful evidence because they show what happened in real-time.
    • Police reports: Courts are often very deferential to these official accounts of the accident.
    • Medical records: Your medical records help paint a picture of just how seriously you were hurt.
    • Cell phone records: These records can help catch distracted drivers who were talking or texting behind the wheel.

    Get as Much Information as You Can at the Scene

    Your attorney can track down most of these types of evidence. However, it helps if you collect as much information as you can at the scene.

    If you can, get the names of witnesses who saw what happened. Record exactly where you were and what time of day the accident occurred. Take pictures of the road conditions, road signs, positions of vehicles and the damage to your car.

    If you record these things right away and share them with your lawyer, they can build a solid foundation of information for your legal team to work with during your case.

    Talk With an Attorney Right Away so They Can Preserve Evidence Before it’s Lost or Destroyed

    Once you retain an attorney, they’ll get to work right away. This is because it can become harder to collect evidence over time. For example, witnesses’ memories fade. Sometimes, a witness may move or change phones, and it may become impossible to contact them.

    Dashcam videos can be destroyed, and, in trucking accident cases, log books may be lost. Of course, it’s against the law for a party to intentionally destroy evidence. But the more time elapses, the more likely it’ll be that the evidence no longer exists.

    To get started on your car accident case, contact the attorneys at The Fell Law Firm in Richardson, Texas. Call us at 972-450-1418 or contact us online.

  • Navigating Liability in Multi-Vehicle Accidents

    After a car accident, getting your life back together can be challenging. Your road to recovery may involve dealing with insurance companies, medical bills, missed work and car repairs.

    Things only get more complicated when there is more than one vehicle involved. In a multi-vehicle accident, who is responsible for the damage done? Our experienced attorneys can explain how the law works in these complex car accident cases.

    In Multi-Vehicle Accidents, Evidence Is Key

    Determining who’s at fault can be complex in multi-vehicle crashes. It’s not as simple as assessing who hit whom. Factors like distracted driving, speeding, failure to yield and even vehicle mechanical problems all come into play.

    Evidence is crucial in sorting everything out. Your lawyer will work diligently to gather as much evidence as possible, including:

    • Witness statements
    • Dashcam videos
    • Police reports
    • Photographs of the scene
    • Medical records
    • Cell phone records

    In reviewing the evidence, your lawyer may discover that details that initially seemed minor might actually have had a significant impact on the crash. For example, a driver who failed to swerve may have actually been falling asleep at the wheel.

    Texas Is a Modified Comparative Negligence State

    Evidence will help demonstrate how much each driver was at fault in your multi-vehicle accident.

    Using a legal principle called “comparative negligence,” the court will assign a percentage of fault to each of the parties. For example, the driver who hit you may be found to be 60% at fault. Another driver involved could be 30% at fault, and you could be 10% at fault.

    These percentages are then used to determine the amount of compensation to be paid. If a plaintiff is found to be partially at fault for their own injuries, their damages will be reduced by the percentage they were found to be at fault.

    In Texas, you can sue for damages even if you’re partially at fault for the accident. However, you cannot recover any damages if you’re found to be more than 50% at fault. That is what makes our state a “modified comparative negligence” state.

    Multi-Car Personal Injury Cases Are Complex

    This determination is complex and is not something you should try to achieve on your own. So, what’s the best way to move forward after an injury in a multi-car accident? Talk with a lawyer as soon as possible.

    You have nothing to lose by scheduling a free and confidential consultation. You can then assess whether the law firm would be a good fit for you and your case.

    Don’t put off talking with the lawyers at our Richardson, Texas, law office. Call us at 972-450-1418 or contact us online.

  • Keeping Your Kids Safe: Proper Child Passenger Safety Measures

    John F. Kennedy famously said, “To have a child is to give fate a hostage.” Parents who want, above all else, to keep the most precious people in their lives safe feel this intensely. Kids’ safety is our top priority.

    Since driving is statistically one of the most dangerous things we do, how can we keep kids safe in vehicles? Here are some tips from our team of Texas personal injury attorneys.

    Follow Texas Car Seat Laws

    Texas law requires that, unless they are taller than 4 feet 9 inches, all children younger than eight years old must be buckled into a child safety seat whenever they ride in a car or truck. Older children who’ve outgrown a booster seat must be buckled in with a seat belt.

    Statistics show that, of children who were killed or seriously injured in car accidents, only about 40% were properly secured in the vehicle at the time of the accident. To properly secure your child, you’ll need to choose the right car seat. One size does not fit all.

    • Rear-facing seats: All babies and toddlers should ride in a rear-facing car seat until they’re two years old.
    • Forward-facing seats: Any child two or older who has outgrown a rear-facing seat should use a forward-facing car seat with a harness.
    • Booster seats: Any child who has outgrown a forward-facing seat should use a booster seat until they’re big enough for the seat belt to fit properly without it. This typically happens when they reach 4 feet 9 inches and are between eight and 12 years old.
    • Seatbelts: Any child who has outgrown a booster seat should wear a seatbelt.

    TxDOT offers free car seat checks. To learn more, visit savemewithaseat.org.

    Put Your Kid in the Back Seat

    According to the Texas Department of Transportation, all children younger than 13 are safest in the backseat. That’s because front-seat vehicle restraint systems are designed for adults—not kids.

    Seat belts are designed to restrain the two strongest areas of our skeleton, the rib cage and hips. In preteens and kids, the hip bones are not fully developed, which can cause the lap belt to ride up into the abdominal cavity during a crash.

    Get Legal Help If Your Child Has Been Injured in a Car Accident

    Car crashes are especially hard on children, and we understand how devastating it can feel to watch your kids in pain. If your child has been injured in a crash, get the help you need by talking with an experienced attorney.

    The Fell Law Firm is dedicated to representing people of all ages who have been injured in car accidents. To talk with the lawyers at The Fell Law Firm in Richardson, Texas, call us at 972-450-1418 or contact us online.

  • Car Seat Safety in Colder Weather

    Bulky winter coats are less common in Texas than in many other places. Still, the weather does get cold enough sometimes for us to need to bundle our kids up before getting in the car. But have you ever wondered if you should take that jacket off before you put your child in a car seat?

    The Car Seat Headache

    While some seats are better than others, it seems like keeping your child safe should be easier. If you’ve ever tried to quickly move a car seat from one vehicle to another, you know the instructions provided leave something to be desired.

    Installing a car seat is not the only difficult thing about them. Some of them can pinch, rub or otherwise cause your child pain. Many parents are reluctant to strap their children in as tightly as they should, and bulky coats make the problem worse.

    What the Experts Say

    Getting into a car accident with your child in the vehicle is a terrifying prospect. To minimize the risk, you need to make sure your child is properly secured in a car seat. The people at Consumer Reports offer several important tips when it comes to coats and car seats.

    First, it’s best to do this well in advance rather than right before a drive you’re impatient to start. You’ll need to check the fit of the car seat with the coat on and then without, for comparison’s sake. This will take a bit of time, so be prepared.

    Fasten your child into the harness with the coat on. Tighten it as you usually would. Then, unhook the harness without loosening it. Take your child out and remove the winter coat. Now, put your child back into the seat and fasten it to the exact same position as with the coat.

    You’ll know the coat is too bulky if you can pinch the strap together with your thumb and pointer finger. If you can pinch it together, it’s too loose. That means you must ditch the coat before strapping your little one in.

    Alternate Solutions

    Remember that you’ll need a solution that doesn’t require you to turn around in your seat while you’re driving. If you’re fiddling with the placement of a blanket on your child while driving, you aren’t doing yourself any favors from an accident prevention standpoint.

    Still, blankets are one way to go. You can tuck the blanket in over and around the harness so it doesn’t compromise safety. You can also buy a car seat cover specifically designed to solve this problem. Finally, if your child is older, you can just put the coat on them backward after strapping them in.

    Get Help From a Skilled Personal Injury Attorney in Dallas

    The Fell Law Firm is dedicated to helping people get compensation after a car, truck, or motorcycle accident. We represent people who’ve been seriously injured in these tragic accidents. If you’ve been injured in a crash, call us at 972-450-1418 or contact us online for a free consultation.

  • Elderly Drivers and Car Accidents: Safety Tips and Concerns

    We all want to keep our loved ones safe. When someone we love is aging, it’s natural to worry about their safety behind the wheel. According to the National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC), the number of motor vehicle deaths involving drivers age 65 and older has increased 34% over the last decade. If you’re concerned, here are some ways to keep the elderly drivers in your life safe.

    Understanding the Challenges Elderly Drivers Face

    There are many reasons that older drivers are more likely to get into car accidents than younger drivers. First, older drivers experience more physical limitations. Their reaction times slow, and their vision and hearing are often not what they used to be. At the same time, older drivers often fail to recognize these limitations because the changes have happened over time.

    Many older drivers also take medications that can impair their alertness and cause trouble behind the wheel.

    Talking to an Older Driver About Road Safety

    It can be a difficult subject to bring up, but it’s important to talk with your loved one about road safety for older drivers. Approach the topic with empathy and understanding. Start with your concerns for their safety and wellbeing rather than with the limits of their driving abilities.

    Be prepared to be an active listener. Driving is a critical link to the community and to maintaining independence. For many seniors, losing their ability to drive means isolation from the people and communities they love. It can be upsetting.

    Safety Tips for Elderly Drivers

    Elderly drivers can do a lot to make sure they’re driving safely well into old age. Here are some tips:

    • Get regular checkups – Encourage your loved one to get regular checkups. These can detect issues that may impair driving.
    • Review medications – If someone you love takes medication, make sure they understand the potential side effects and always take the prescribed amount.
    • Limit night driving or driving in bad weather – Driving doesn’t have to be an all-or-nothing deal. If you’re concerned, encourage your elderly driver to drive only in good weather and during daylight hours.
    • Take a driver safety course – Your loved one can take a course designed for older drivers to keep skills fresh. These are offered through the National Safety Council, AARP and the Texas Department of State Health Services, so you can choose an option that works for you and your loved one.
    • Understand drivers license rules – In Texas, drivers aged 79-84 must renew their licenses in person every six years. Drivers aged 85 and older must renew in person every other year.

    Get Answers to Your Questions

    Take care of the older drivers in your life. Take steps to keep them safe, and if an accident does happen, contact a lawyer right away. The Fell Law Firm is dedicated to representing people of all ages who have been injured in car accidents. To talk with the lawyers at our Richardson, Texas, law office about your situation, call us or contact us online.

  • Car Accidents and PTSD: Coping and Recovery

    Post-traumatic stress disorder (PTSD) after a car accident is surprisingly common. In fact, when researchers conducted a survey of 15 eligible studies, they found that 22.25% percent of traffic accident survivors reported PTSD. So if you’re experiencing PTSD after a car accident, you’re not alone. Here are some strategies for coping and recovery.

    What Is PTSD? Signs and Symptoms

    PTSD is a psychiatric disorder that can happen when a person has experienced a traumatic event (or a series of traumatic events). PTSD can affect a person profoundly – mentally, emotionally, physically, socially and spiritually.

    Everyone’s experience is different, but common symptoms include intense, disturbing thoughts and feelings that last or reappear long after the traumatic event has ended. A person may even have flashbacks or nightmares. They may feel angry and sad, and they may have trouble connecting with other people.

    How to Cope With PTSD After a Car Accident

    If you find yourself experiencing these symptoms of PTSD after a car accident, getting help from your support network is a key way to cope. You may want to turn to your close friends, family or clergy, but PTSD, being a psychiatric disorder, may require the help of a professional counselor.

    For many people, symptoms of PTSD disappear over time. If your symptoms aren’t going away, if they’re affecting your life in profound ways, or if you’re having thoughts of self harm, it’s critical to get professional help right away. Psychiatrists and other mental health professionals can use evidence-based methods to help you recover from PTSD.

    Treatment for PTSD

    There are several different ways to treat PTSD after a car accident. Talk therapy (also called psychotherapy) is a good option for many people. Cognitive behavioral therapy is one category of psychotherapy that has been proven effective to treat PTSD. There are several different types of cognitive behavioral therapy, so you and your therapist can pick the method that works best for you. Your therapist may recommend group therapy, exposure therapy or even Eye Movement Desensitization and Reprocessing (EMDR) which has proved to be highly effective for treating PTSD.

    Medication, often used in combination with psychotherapy, can also provide relief from PTSD symptoms. It can be prescribed to help people manage anxiety, physical agitation, nightmares and sleep problems so that they can focus on getting the most out of therapy.

    Get the Legal Help You Need

    Life after a car accident can be completely changed by PTSD. Getting the medical and legal help you need will put you in the best position for pursuing a legal claim.

    Located in Richardson, Texas, the Fell Law Firm is dedicated to assisting people who were hurt in car accidents. If you have any questions or need legal assistance, don’t hesitate to call us or contact us online.

  • Children and Car Accidents: What Parents Need to Know

    Car accidents are traumatic experiences for anyone involved, but the situation becomes even more worrisome when children are among the passengers.

    Children are more susceptible to injuries and emotional trauma, and the legal processes following an accident involving children can be especially intricate and demanding.

    If you’re a parent, here is everything you need to know about children and car accidents.

    Proper Child Restraints

    Appropriate child restraints like car seats, booster seats and seat belts significantly reduce the risk of injury. Ensure that the child restraint system is suited for your child’s age, height and weight.

    When choosing the proper child restraints, be sure to read any reviews and properly read the instruction manual before installation.

    Seek Immediate Medical Attention

    Children’s bodies react differently to trauma, and some injuries may not be immediately apparent. If your child is involved in a car accident, seeking immediate medical attention is crucial.

    Timely medical attention will protect your child’s health and serve as a documented record of the injuries, which can be valuable in legal proceedings.

    Documenting the Accident Scene

    If possible, take photographs of the accident scene, the vehicles involved and any visible injuries to your child.

    Gathering information from witnesses and obtaining a police report are also essential.

    Dealing With Insurance Companies

    When a child is involved in a car accident, dealing with insurance companies can become more complex. The insurance adjuster might request medical records, and a settlement might include future medical expenses.

    Consider consulting with an experienced attorney before making any statements or signing any documents from the insurance company.

    Understanding Legal Guardianship in Claims

    Parents or legal guardians generally have the right to pursue a claim for a minor child. The settlement process might require court approval, ensuring that the settlement is in the child’s best interest.

    The funds may be placed in a trust or guardianship account until the child reaches legal age.

    Emotional Support and Counseling

    Car accidents can be traumatizing for children, resulting in emotional or psychological distress. Parents should monitor their children for signs of stress, nightmares or behavioral changes.

    Professional counseling might be necessary and can also be included as part of the claim.

    Consulting an Attorney

    Handling a car accident involving children can be legally complex. An experienced car accident attorney who understands the unique aspects of child injury claims can guide you through the process, ensuring that the child’s present and future needs are considered.

    Answering All Your Car Accident Questions

    Car accidents involving children are highly stressful and demand careful handling. Ensuring proper safety measures, seeking immediate medical attention, understanding insurance complexities, considering emotional well-being and possibly consulting an attorney are essential to protecting your child’s interests.

    The Fell Law Firm is committed to supporting families who face the challenging aftermath of a car accident involving children. Our experienced team understands the legal nuances and is prepared to provide personalized, compassionate legal guidance.

    If you find yourself facing this difficult situation, please give us a call or contact us online for assistance.

  • What to Do Immediately After a Car Accident in Texas

    Car accidents are an unfortunate reality that many of us will face at some point in our lives. Knowing what to do after a car accident can significantly impact your health and the potential legal process that may follow.

    Talking with the police, documenting the scene, contacting your insurance company and seeking medical attention as soon as possible will help you when it comes time to file a lawsuit.

    In the chaotic moments following a crash, it’s essential to stay calm and follow these critical steps.

    Check for Injuries

    First, you should always assess yourself and others involved in the accident for any injuries. If anyone is seriously injured, call emergency services right away. A medical professional should evaluate even minor injuries, as they may worsen over time.

    No matter how mild, detailed medical records of your injuries will help when legal proceedings begin.

    Move to Safety

    If possible and safe, move your vehicle out of traffic to a safe location. If driving the car isn’t an option, stay inside with your seatbelt fastened until help arrives. Use your hazard lights to warn other drivers of the accident.

    Call the Police

    Regardless of the accident’s severity, it’s advisable to call the police. The responding officer will document the scene and create an official report, which can be vital in any subsequent legal or insurance claims.

    Be sure to obtain a copy of the police report.

    Exchange Information

    While waiting for the police, exchange essential information with the other parties involved. This information includes names, addresses, phone numbers, insurance details, driver’s license numbers, and license plate numbers.

    Be cordial but avoid discussing the accident’s specifics, as any information may be used against you in legal proceedings.

    Document the Scene

    Take photographs of the accident scene, including the damage to all vehicles involved, road conditions, traffic signs, and any visible injuries. You need to also talk to any witnesses.

    This information can provide vital evidence if you need to file a claim.

    Notify Your Insurance Company

    As soon as possible, contact your insurance company to report the accident. They’ll guide you through their specific process, and your prompt reporting may expedite your claim.

    Consult an Attorney

    Consider consulting an attorney who specializes in car accidents if you have concerns about the accident, especially if there were significant injuries or damages. They can provide guidance and help protect your rights.

    Choosing the Right Car Accident Attorney

    The moments following a car accident can be overwhelming and confusing. Remembering these steps and following them can help ensure your safety and put you in the best position when you need to pursue a legal claim.

    The Fell Law Firm is dedicated to assisting individuals involved in car accidents. We’re here to help you navigate the complex aftermath of a car accident. If you have any questions or need legal assistance, don’t hesitate to call us or visit us online.

  • How Dangerous Is Speeding?

    Have you ever been told that a safe speed to drive is any speed at which you won’t get a ticket? Was that 9 MPH over the speed limit? Was it 5 MPH over?

    The truth is that there is no magic line above the speed limit that will protect you from being pulled over. More importantly, there is no set limit above the speed limit where you’re still “safe.” Speeding is a massive contributor to deadly car accidents in Texas and across the country.

    The Tale of the Tape

    According to the National Highway Traffic Safety Administration (NHTSA), speeding was a contributing factor in 11,258 traffic deaths in 2020. Statistically, that means speeding matched drunk driving in terms of the total deaths it caused. They’re both responsible for around 1 in 3 fatal car accidents.

    2020 was not an outlier in terms of percentages. Speeding is consistently the cause of around a third of deadly traffic incidents. While relatively few drivers would acknowledge driving drunk, and even fewer would defend it, many drivers are quite open about their willingness to violate speed limits.

    A survey conducted by the AAA Foundation for Traffic Safety found that almost 50% of drivers reported having gone 15 MPH or more over the limit in the past month.

    Attitudes Change

    There was a time when driving drunk was seen as a minor concern. A person stumbling to their car to drive home might lead to a laugh as easily to real concern. In short, drunk driving was once treated as lightly as speeding is now.

    People didn’t understand how much impact alcohol had on a person’s ability to drive safely. And they still don’t understand how speed impacts your ability to drive safely.

    Reaction Time and Stopping Power

    How quickly a driver reacts to something is a big part of how speed kills when it comes to car and truck crashes. At 25 MPH you can react and stop in half the distance it would take if you were going 40. Doubling your speed does much more than double the danger.

    The faster you go, the less aware you are of what’s happening to your left and right. You get tunnel vision, and your depth perception suffers the faster you go. You might think that going 64 in a 55 MPH zone is no big deal, but it has a tremendous impact on what you see and how quickly you can stop or avoid a collision.

    Need Help After a Car Accident? Call Our Skilled Dallas-Fort Worth Personal Injury Attorneys Today

    The Fell Law Firm offers experienced, aggressive representation for victims of speeding accidents and other personal injuries. Our knowledgeable Dallas-Fort Worth personal injury lawyers are dedicated to providing excellent service while making sure you get full and fair compensation for what you’ve lost. Call our attorneys today at 972-450-1418 or contact us online for a free consultation.