Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Category: Car Crash

  • 5 Items You Need To File a Texas Car Accident Claim

    After a car accident, the physical and emotional fallout can be overwhelming. Between medical appointments, vehicle repairs and insurance calls, it’s easy to lose track of what you’ll need in order to file a car accident claim in Texas. But organization and proper documentation are crucial to a successful outcome.

    Understanding the logistics and paperwork required in a car accident claim can make the process smoother and protect your right to compensation.

    1. The Crash Report

    One of the most important documents in any car accident claim is the official crash report, known as the CR-3 form. This form is completed by the law enforcement officer who responds to the crash scene. It lists the parties involved, witness information and road conditions and offers an initial assessment of the situation.

    Insurance companies and attorneys rely heavily on crash reports when evaluating claims, so obtaining a copy as soon as it becomes available is essential.

    2. Receipts and Expenses

    Car accidents often come with unexpected out‑of‑pocket expenses. Tow truck fees, auto repairs, rental cars, medications, medical equipment and even mileage to and from medical appointments—it all adds up quickly.

    Save every receipt, no matter how small it seems. These records help demonstrate the financial impact of the accident, and that money may be recoverable as part of your claim.

    It’s also helpful to keep repair estimates, invoices and photographs of vehicle damage. Even if your car is declared a total loss, proper documentation can support your property damage claim.

    3. Medical Bills and Records

    Medical documentation is at the heart of a personal injury claim. Seek medical care promptly after a crash, even if symptoms seem minor at first. Some injuries, such as whiplash or concussions, may take days or weeks to fully set in.

    Keep copies of all health-related items, including:

    • Hospital and emergency room bills
    • Doctor and specialist visit summaries
    • Physical therapy records
    • Diagnostic imaging results
    • Prescriptions

    These records help establish the connection between the accident, your injuries and the costs of treatment.

    4. Self‑Care Documentation

    Self-care may not automatically generate paperwork, but it still matters.

    Keeping a simple journal of your recovery can be powerful evidence. Note your pain levels, mobility limitations, missed workdays, sleep issues and other disturbances to your life. This type of documentation helps illustrate non‑economic damages and issues that can’t be represented by bills alone.

    5. Communication and Deadlines

    Insurance claims involve frequent communication. Keep a log of phone calls, emails and letters from insurance adjusters, medical providers and repair shops. Write down dates, names and summaries of conversations. Strict deadlines apply to injury claims filed in Texas, so staying organized ensures that nothing is missed.

    One of the many benefits of having a personal injury attorney representing you is that they handle communication. Your attorney will make sure that important items are documented and addressed correctly.

    Organization Makes a Difference

    Getting proper compensation after a car accident requires more than filling out forms and handing over your receipts. You need to present a clear, well‑supported story of what you’ve been through.

    With the help of a personal injury attorney, your crash reports, receipts, medical bills and self‑care records can be woven into a compelling narrative. This can clearly convey how the car accident affected your life.

    The Fell Law Firm Can Help

    Texas car accident cases can be complex. Getting the results you deserve takes experience, dedication and effort. At The Fell Law Firm, our skilled personal injury attorneys can help you recover the money you deserve. Call us today at 972-450-1418 or send us a message to schedule a consultation.

  • Lost Wages vs. Loss of Earning Capacity in Texas Car Accident Cases

    If you’ve been injured in a car accident, the financial fallout can be almost as difficult as the physical consequences. Medical bills arrive quickly, and being unable to work only adds pressure.

    In Texas civil lawsuits, injured victims can recover compensation not just for the paychecks they’ve already missed, but also for the long‑term impact the injury may have on their ability to earn a living.

    Although the terms “lost wages” and “loss of earning capacity” sound similar, they represent two distinct types of compensatory damages. Understanding the difference can help you make smart decisions about the full value of your personal injury claim.

    What Are Lost Wages?

    Lost wages refers to the income you have already lost between the date of the accident and the date you are able to return to work. This category includes:

    • Hourly or salary income you would have earned if the accident hadn’t happened
    • Overtime opportunities you missed
    • Commissions or bonuses you reasonably would have received
    • Sick days or PTO you were forced to use

    Lost‑wage claims are usually straightforward because they rely on concrete evidence such as pay stubs, W2s, tax returns and employer statements. If your doctor restricted you from working, or you physically could not work due to the injuries, those documented days away from your job form the basis of your damages.

    In short, lost wages compensate you for what income you’ve already missed. Loss of earning capacity, on the other hand, is about the future.

    What Is Loss of Earning Capacity?

    Loss of earning capacity covers the reduction in your ability to earn money after an accident, even if your income has not yet decreased. These damages recognize that some injuries have long‑term or permanent effects that limit the type, amount or duration of work you can perform.

    Texas courts define loss of earning capacity as the diminished ability to earn a livelihood, not just the actual wages lost. Evidence can include:

    • Medical testimony about long‑term physical or cognitive limitations
    • Vocational‑rehabilitation expert evaluations
    • Proof that you can no longer perform the same job
    • Demonstration that you must switch to a lower‑paying role
    • Reduced hours, reduced stamina or inability to keep up with prior workloads

    Because it involves predicting the future, this type of damage requires careful calculation. Factors such as your age, work history, skills, life expectancy and earning trajectory all play a role.

    Why the Difference Matters for Car Accident Victims

    Many car crash victims experience both types of losses: immediate missed wages during recovery and long‑term career consequences. They must be carefully defined and aggressively pursued, or you risk leaving significant compensation on the table.

    At The Fell Law Firm, our Texas car accident attorneys have extensive experience getting full and fair compensation for injury victims. Make sure you get the compensation you deserve. Call us at 972-450-1418or contact us to schedule a consultation.

  • Why You Should Avoid Posting on Social Media After a Car Accident

    In the aftermath of a car accident, it’s natural to want to reach out for support. Many people instinctively turn to social media to share updates or photos or even express frustration. However, what may feel like a harmless post can significantly damage your ability to obtain fair compensation for your injuries and losses.

    If you’re considering filing a claim after a crash, the best practice is simple: Stay silent online.

    Your Posts Can Be Used Against You

    Insurance companies and defense attorneys actively monitor claimants’ social media profiles. Even if your accounts are private, your posts can be obtained and used as evidence. A seemingly innocent photo or comment can be taken out of context and used to question your credibility, the severity of your injuries or the legitimacy of your claim.

    For example, imagine you suffered back injuries but later posted a picture smiling at a family event. To you, it’s just a moment of positivity. To an insurance adjuster, it becomes evidence that you aren’t in as much pain as you claim. Similarly, posting details or opinions about the accident itself can give the opposing party material to dispute liability.

    Privacy Settings Won’t Protect You

    Many people assume that tightening their privacy settings will shield their posts. Unfortunately, this is not the case:

    • Courts may allow opposing counsel to access your online content during litigation.
    • Friends can share or screenshot your posts.
    • Even deleted content may be recoverable.

    Once something hits the internet, you lose control over how it spreads, and it can end up being a mistake that hurts your claim.

    Inconsistent Statements Can Harm Your Case

    After an accident, your attorney will help you craft clear, consistent statements that accurately reflect what happened and how the crash has affected or is affecting you.

    Posting online can lead to inconsistencies that the other side will seize upon. Even small differences between what you tell your doctor, your lawyer and your Facebook friends can weaken your case.

    Photos and Check‑Ins Create Misleading Impressions

    Images can be even more damaging than words. A photo of you standing, lifting a child, attending a social gathering or even just smiling can be misinterpreted. Insurance companies use these snapshots to argue that you’re exaggerating your injuries or that your daily life appears unaffected.

    Location check‑ins can also be problematic. If you claim you’re unable to work or perform certain activities, but your social media suggests otherwise, your compensation could be reduced or denied entirely.

    The Best Strategy: Go Silent Online

    While your case is ongoing, avoid posting anything about the accident—or anything else, for that matter. Even unrelated posts can be misconstrued. Ask friends and family not to tag you in photos or mention you online. If you must use social media, keep it minimal, neutral and free of personal details.

    Contact an Experienced Texas Injury Lawyer

    At The Fell Law Firm, we know how to protect your rights after an accident. Our attorneys can guide you through the process and help you avoid damaging mistakes. Call us today at 972-450-1418 or send us a message to schedule a consultation.

  • Why You Shouldn’t Accept Early Settlement Offers After a Car Accident

    Car accidents are incredibly stressful. A serious car crash causes a host of changes to your life, from coordinating medical care to dealing with the trauma and emotions of the crash.

    Unfortunately, insurance companies are not your ally during this difficult time. Their aim is to limit their costs after a car accident. One of the tools they use to do this is the fast settlement offer.

    An Early Offer Is Probably Not a Good Offer

    It’s important to understand how insurance companies look at your accident. Insurance is profitable when people pay their premiums and don’t make claims. It would not be a profitable business if everyone got into serious accidents and filed for benefits. They bet on you not getting into a wreck, and now they’ve lost that bet.

    At this point, you’re not a valued customer to your insurance company. You’re a problem they need to solve. Insurance companies have a lot of experience in minimizing their exposure to clients who are no longer a profit engine. They know the tricks to avoid paying you what you are owed.

    Insurance companies don’t start with the offer they believe is fair. They start with the lowest offer they think you might accept, and it can be a tiny fraction of what they owe you. If they think you might agree, it’s worth it to them to make a low offer. That’s why early offers are rarely fair.

    Misunderstanding the Cost of Your Accident

    One major issue is that most people don’t understand what it will take to truly compensate them after an accident. They see an offer that covers the medical bills they’ve received, the wages they’ve lost and the vehicle that got totaled, and they think it’s fair. But the costs can go far beyond that.

    While your medical bills might already be intimidating, there might be much more to come. Future medical expenses must be considered before accepting a settlement offer. Similarly, lost wages may or may not be a problem now, but loss of earning potential could be a problem for the rest of your life.

    Another potentially hidden cost is the non-economic damages accidents can cause. Pain and suffering, emotional distress, a drop in your quality of life and more may need to be considered for you to get a proper settlement.

    The Value of Personal Injury Representation

    Severe car accidents demand the attention of a Texas personal injury attorney. Negotiating on your own is unlikely to result in a fair settlement that provides you with everything you deserve. Without substantial experience, it’s easy to fall prey to unfair insurance company practices.

    At The Fell Law Firm, our attorneys have helped countless clients with a range of personal injury claims. We know when an offer is not what it should be. Call our offices today at 972-450-1418 or send us a message to schedule a consultation.

  • The Legal Differences of Fatal Crashes

    Car accidents are an unfortunate reality on Texas roads. While every collision can be traumatic, fatal car accidents carry a distinct weight.

    Luckily, fatal accidents have been falling in America. Still, understanding the legal differences between fatal and non-fatal accidents is essential to getting the right support and securing fair compensation.

    Severity and Consequences

    The most obvious distinction between fatal and non-fatal accidents is the outcome: loss of life. Fatal accidents often involve more extreme conditions, like:

    • High-impact collisions
    • Excessive speed
    • Impaired driving
    • Vulnerable road users, such as pedestrians or cyclists

    The consequences of a traffic fatality extend far beyond the scene of the crash. Families are left grieving, and survivors may face long-term physical, emotional and financial harm.

    In contrast, non-fatal accidents can result in anything from a dented fender to serious injuries requiring hospitalization. While these incidents may not result in death, they can still lead to significant burdens.

    Legal Implications

    Fatal accidents can require more complex legal proceedings. They’re more likely to involve factors such as criminal charges and more intense investigations by law enforcement. Crucially, the types of damages recoverable and the evidence used to support those damage claims are different.

    For example, in a fatal accident, surviving family members may be entitled to compensation for several different types of damages:

    • Funeral expenses
    • Loss of income
    • Loss of companionship
    • Emotional distress

    Like non-fatal accidents, these claims require careful documentation and often involve expert testimony to establish the full impact of the loss.

    These claims can be fairly substantial and can often be greater sums than claims for non-fatal accidents. The size of a wrongful death claim can sometimes inspire insurance companies to fight harder to avoid liability.

    Accident Reconstruction

    In many fatal traffic incidents, the victim’s experience is difficult to explain. If you’re hurt in a non-fatal crash, you can testify to what you went through. You can tell your side of the story to establish the negligence of the other party.

    Fatal accidents may rely solely on physical evidence and the testimony of the at-fault driver to establish the facts. Often, experts will reconstruct the accident based on the evidence. This can help tell the story of the victim.

    Having an experienced professional to make sure the victim’s perspective is not ignored is important. Every deadly crash calls for the assistance of a skilled personal injury attorney.

    An Overwhelming Loss

    It’s incredibly hard to lose a loved one in a crash. But the legal process is not designed to make things easier on those left behind. It’s up to your attorney to guide you through the legal process during a time of immense pain and suffering. You need someone who cares enough to take the time to watch out for you and your family while you deal with the loss.

    Call the Texas Wrongful Death Attorneys at The Fell Law Firm

    After a tragic accident, you need an experienced lawyer on your side. The Fell Law Firm in Dallas-Fort Worth has the knowledge and compassion to help you. Contact us online or call 972-450-1418 to discuss your situation today.

  • How Weather Conditions Impact Liability in Texas Car Accidents

    Texas is known for its unpredictable and sometimes extreme weather. Our state is large enough to have several climate zones, so drivers have to be ready to handle almost anything. When an accident occurs during inclement weather, does this affect who is responsible for the accident?

    Yes, weather can affect liability in Texas car accidents. Here, we’ll cover a few ways the law takes weather into account.

    Understanding Liability in Texas

    Liability for injuries or other damage caused by a car accident comes down to who is at fault for the crash. In Texas, the rule to determine who is at fault is called “modified comparative fault.”

    That means two things for drivers: First, if you are more than 50% at fault for a crash, you can’t collect damages. Second, let’s say you’re less than 50% at fault and can collect damages. In that case, however much fault is assigned to you, your recovery is reduced by that percentage.

    How Does Weather Fit In?

    First, you should note that bad weather will not, by itself, absolve a driver from liability. All drivers are required to operate their vehicles in a safe manner under all conditions.

    What Is Safe Driving?

    Safe driving means something different in a thunderstorm than it does on a clear day. Whether you’re dealing with ice, fog, rain, hail or high winds, you’re expected to drive safely.

    People often assume that going the speed limit or below means they’re driving safely. But, in certain conditions, that could still be too fast for safe driving. Similarly, driving with no headlights on is fine at noon on a sunny day. But it could mean a driver is found negligent if heavy clouds and precipitation are in play.

    How Is Fault Determined?

    If you’re operating your vehicle appropriately, and another driver is not, the fault could lie entirely with the other driver. However, you may also be at fault, depending on the weather and the actions you took.

    If you were in a car crash, no matter the weather, you should reach out to an attorney. Your attorney can look at the facts of your accident and let you know whether you may have a personal injury case. To prove the other driver was at fault, your attorney would consider what was safe for the conditions at the time of the accident.

    Shared Liability

    Bad weather can increase the likelihood that drivers will share the blame for a crash. If the weather is so extreme that any kind of driving is unsafe, every driver on the road could be guilty of negligence. Something like black ice can trip up driver after driver, leading to multi-car accidents where everyone has fallen into the same slippery trap.

    Shared liability can complicate a car accident case, making the determination of fault and proper compensation more difficult. Weather can be a complicating factor. These issues require the assistance of a personal injury lawyer who understands Texas law.

    The Fell Law Firm Can Help You

    Whatever the cause of your accident, having an experienced attorney on your side is vital. At The Fell Law Firm, our Texas personal injury attorneys know how to help you maximize your recovery. Contact us online or call 972-450-1418 to schedule a consultation.

  • What Does a Typical Car Crash Look Like?

    Car crashes are disturbingly common. That said, they are not an everyday occurrence for most of the individuals who experience them. Most people will experience, at most, one or two accidents in their entire lives. Quite a few will be fortunate enough to avoid ever going through the pain of an accident.

    Without direct experience, it can be easy to misunderstand the realities of a car crash. Looking at car accident statistics can give us important information about what a typical car crash entails. While every accident is unique, the elements of a typical accident can teach us what to look out for.

    The Most Common Kinds of Car Accidents in the U.S.

    According to the National Safety Council, more than 70 percent of the crashes in 2022 involved a vehicle-to-vehicle collision. Collisions with fixed objects, such as trees or traffic barriers, represented around 20 percent of accidents. This is consistent with prior years.

    Single-car accidents are more likely to be fatal than other types of crashes, but they are still the exception rather than the rule.

    The most common way that two vehicles collide is in a rear-end collision. Angle collisions are a close second place. Rear-end collisions typically occur while the lead vehicle is decelerating. Perhaps surprisingly, they also typically occurred in daylight and when the weather was clear.

    Typical Car Accident Causes

    There is no single factor that causes the majority of collisions. Excessive speed, alcohol impairment and distraction are all factors that appear in a significant percentage of crashes. Each is a likely culprit in the rear-end accidents that are such a frequent problem.

    All of these causes share something in common. They are all the result of negligent decisions made by drivers. Human error, rather than bad weather or mechanical failures, is the cause of the vast majority of car accidents. A typical car crash is one caused by a negligent driver.

    Car Accident Injuries and Wrongful Death

    There are millions of car accidents across the United States each year. The majority of these cause no injuries or deaths. Still, millions of people are hurt and tens of thousands of people die in crashes every year.

    Injuries and deaths suffered in car accidents are common. These injuries cause victims pain and suffering, medical expenses, lost wages and more. Pursuing compensation for these damages is where personal injury attorneys come into the equation.

    Call The Fell Law Firm Today

    If you’ve been injured or lost a loved one in a car or truck accident, you need legal guidance. At the Fell Law Firm, our experienced Texas personal injury attorneys can help you seek proper compensation for what you’ve suffered. Contact us online or call us at 972-450-1418 to schedule a consultation.

  • V2X: Sci-Fi Fantasy or the End of Car Crashes?

    Vehicle-to-everything technology, referred to as V2X, has incredible potential to make our roads safer. It also sounds like it may be too good to be true.

    There are many roadblocks to tackle before the use of V2X can be widespread. The U.S. Department of Transportation released a deployment plan for V2X this year that may get the ball rolling on this game-changing technology.

    What Is V2X?

    Vehicle-to-everything refers to a wireless interconnection between cars, roads and even pedestrians. With it, vehicles would “know” about the position of other vehicles, potential obstructions and other safety hazards. It’s basically a collision warning system that incorporates far more information than current technology allows.

    An Age-Old Problem

    Making technologies compatible has been a challenge for centuries. In the case of V2X, you have numerous auto manufacturers and different groups building and maintaining roadways. Convincing all parties to use technology that will seamlessly communicate with one another takes effort.

    The Federal Highway Administration is working hard to advance the cause of interoperability. They are working with the stakeholders and investing in research and development to solve this key problem. If V2X is ever going to live up to its potential, the compatibility issue must be addressed.

    The Potential Benefits of V2X

    V2X could be revolutionary. The primary benefit is enhanced safety. By sharing real-time data about traffic conditions, road hazards and vehicle locations, V2X can help prevent accidents and reduce fatalities.

    For example, vehicles can receive alerts about impending collisions or road obstacles, allowing drivers to take preventive action. It may even be possible for the vehicles themselves to take evasive action without the driver doing anything.

    A side benefit of V2X is improved traffic efficiency. V2X technology can optimize traffic flow wiby providingnformation about traffic signals, congestion a,nd other factors. It could help drivers pick optimal routes to minimize travel time. Spending less time stuck in traffic is better for drivers and would also have environmental benefits.

    V2X may also be the key to making autonomous vehicles truly effective. V2X could smooth the transition from human-driven vehicles to autonomous vehicles, enhancing overall road safety and efficiency.

    Finally, V2X technology could help transportation engineers design better infrastructure and public transport systems. Roads, signals, exits and merge points could all be optimized to make traveling more efficient with the information provided by V2X technology.

    Contact Our Experienced Texas Car Accident Attorneys

    Technology may eliminate car accidents in the future. For now, they are a serious problem experienced by countless drivers. After a car accident, you need a skillful car accident lawyer to protect your rights. Contact our team at The Fell Law Firm by calling 972-450-1418 or contact us online for a free initial consultation.

  • Car Crash: Seeking Compensation for Your Injuries as a Passenger

    Car crashes are scary and overwhelming experiences. And the aftermath can be just as nerve-wracking, especially when you’ve been injured. If you were a passenger in a car accident and are now suffering from injuries, you may be wondering what to do next. 

    Here, we guide you through your rights and next steps so you can receive the compensation you deserve.

    Texas Is an At-Fault State

    First, we must lay some foundation. Texas is an at-fault state. This means that the at-fault party who caused the car crash is responsible for compensating you for your injuries and/or losses.

    However, Texas also follows modified comparative fault. This means that if you are found to be partially responsible for an accident, your damages will be reduced by that percentage of fault.

    For example, if you’re seeking $100,000 but are found to be 30% at fault, your damages will be decreased by $30,000.

    First Step: Seek Compensation From the At-Fault Party’s Insurance

    Your first step is to seek compensation from the at-fault party’s insurance. You can work with an attorney who will help you file a claim with the insurance company. If the at-fault party does not have insurance, you will need to file a claim with your own insurance company.

    It’s possible to also file a legal claim against the at-fault driver if they don’t have insurance to cover your losses. However, an attorney should be involved to determine if this is the right step for you.

    What Happens If You’re Related to the At-Fault Driver?

    Perhaps you were on a road trip with your family at the time of the accident or driving around town with a friend. In this case, you’ll need to examine your insurance policy and consider your relationship with the at-fault driver. 

    For example, if your policy includes a household exclusion and the driver that caused the crash was someone you live with, you may be unable to seek compensation. Be sure to review your insurance policy or reach out to an attorney who can dive into the details on your behalf.

    Reach Out to the Attorneys at the Fell Law Firm

    Have you been injured in an accident? If so, the attorneys at the Fell Law Firm are here to help you with your next steps. Reach out to our team by calling us at 972-450-1418  or send us a message to schedule a consultation.

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  • After the Car Accident: Common Mistakes That May Hurt Your Claim

    After an accident, your adrenaline will be running high. You may feel overwhelmed and struggle to think logically. All of this is completely valid after a traumatic event. However, there are some things you should try your best to avoid after a car accident, especially if you’ll need to file a claim for compensation.

    4 Common Mistakes to Avoid After a Car Accident

    1. Declining Medical Care

    Even if your accident was a small fender bender, it’s important to seek medical care immediately. Many injuries such as whiplash may not show symptoms until days or weeks after your accident.

    Other serious injuries that require immediate attention such as traumatic brain injuries (TBIs) may not show any symptoms at all.

    Not only does seeking medical care protect you from further injury, but it also helps build your case. Medical records are critical pieces of evidence you’ll need to seek compensation.

    2. Failing to Obtain a Police Report

    You should always call the police after an accident of any severity. This ensures a police report is on record for your accident. A police report is often used during cases to prove the accident occurred. Plus, the report may help prove who is at-fault.

    3. Taking the Blame for the Accident

    It’s often second nature to apologize after an accident, whether you were at-fault or not. However, whatever you do, don’t take the blame. When speaking to other drivers involved or the police, stick to the facts. Admitting fault in any way may negatively impact your case.

    4. Talking to the Insurance Company First

    After an accident, it’s tempting to reach out to insurance as soon as possible, especially as medical bills and car repair invoices start to arrive. However, we recommend reaching out to an attorney first.

    The insurance company may try to get you to accept a fast settlement. Unfortunately, this may not be enough to cover all of your damages. An attorney can communicate with insurance companies on your behalf and help you seek the compensation you need to move forward.

    Involved in a Car Crash? Reach Out to The Fell Law Firm Today.

    An attorney can help you navigate the aftermath of your accident and advise you further on what to do and what to avoid. At the Fell Law Firm, we have years of experience supporting car accident victims in Texas. Reach out to us today for a consultation by calling 972-450-1418  or send us a message.

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