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A Houston car accident lawyer provides legal representation for accident victims who have been involved in auto accidents that were caused by negligent drivers. They will assist their client with filing a claim, investigate the accident, gather evidence, interview witnesses, and negotiate with the insurance company for a fair settlement. If settlement negotiations are unsuccessful, they will file a lawsuit on behalf of their client and represent them in court.
A car accident can cause more than vehicle damage. Some automobile accidents can result in loss of life, severe injuries, significant financial losses, and other hardships. If you were involved in an auto accident a Houston car accident attorney at the Ben Dominguez Law Firm can help. Our legal team understands how devastating the aftermath of a motor vehicle collision can be, and how it can impact every aspect of the accident victim’s life.
Our legal team has a reputation for aggressively pursuing the compensation each client deserves. Our Houston personal injury lawyers will handle every aspect of your case, allowing you to focus on what matters the most — recovering from your injuries and moving forward with your life.
About Us
At the Ben Dominguez Law Firm, we give every case the attention and care it deserves. Your injury attorney will provide the compassionate and experienced legal guidance and support you need, working closely with you to ensure you stay informed regarding the progress of your case and provide the answers you need during a time of uncertainty.
When you work with an injury attorney on our legal team, you can feel confident that you’ll receive the support you need and the dedication it takes to help you recover maximum compensation.
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View Profile — Maria Barros LosadaAt the Ben Dominguez Law Firm, calculating damages in car crash cases involves an in-depth assessment of economic and non-economic damages to ensure your attorney pursues every penny of compensation you are entitled to.
Compensation for medical expenses may entail past and future medical costs related to the accident, such as hospital stays, surgeries, medications, rehabilitation, and other medical expenses.
You may be entitled to compensation for a damaged or totaled vehicle and other personal property affected by the accident.
You may be reimbursed for income lost due to time taken off work for medical treatment, recovery, or other accident-related reasons.
If the accident resulted in long-term or permanent injuries that affect your ability to work or force you to switch careers, you may be entitled to compensation for the loss of future earning capacity.
If you are unable to ever return to work due to the severity of your injuries, your attorney can pursue compensation for loss of future earnings.
Pain and suffering damages can compensate you for physical pain, emotional distress, and mental anguish resulting from the accident.
Spouses may be eligible for compensation if the motor vehicle collision caused a loss of companionship, intimacy, or support.
To determine the value of your non-economic losses, your attorney will use the per diem method or the multiplier method.
Your attorney can use the multiplier method to calculate pain and suffering damages. This method is commonly used by insurance adjusters. Your attorney will add up your economic damages and use a multiplier ranging from 1.5 to 5, where 5 represents severe pain and suffering.
Using the per diem method, your attorney will assign a dollar value to each day you experienced pain and suffering, or the number of days it took you to reach maximum medical improvement (MMI).
Yes. If you sustained injuries and other damages due to the negligence of another, you must hire an attorney to ensure you secure compensation that will cover the cost of medical bills, pain and suffering, lost wages, and other damages.
Hiring a Houston personal injury lawyer at the Ben Dominguez Law Firm can help you recover a higher settlement or award. Our attorneys know how to accurately assess your damages to ensure you pursue the compensation you're owed. They also have extensive experience negotiating with insurance companies and defense attorneys. Additionally, our attorneys know what it takes to build a strong case that will uncover the truth and prove liability and your demand for damages.
When a Houston personal injury lawyer from the Ben Dominguez Law Firm is in your corner, you'll have an experienced, dedicated, and knowledgeable attorney who will work around the clock to fight for the compensation you deserve.
A Houston car accident lawyer represents accident victims who were involved in motor vehicle collisions that were caused by negligent drivers. A car accident lawyer will handle every aspect of an accident claim, investigating the crash to gather evidence that will establish liability and support their client's claim for damages, taking over all communication with the insurance company to negotiate a fair settlement. If settlement negotiations are unsuccessful, a Houston auto accident lawyer will file a lawsuit on their client's behalf and present their case before a judge and jury.
The compensation you can recover will depend on many factors, such as your level of fault, insurance policy limits, the extent of your injuries, and other variables. Speak with an attorney to find out what your case may be worth.
The role a Houston car accident lawyer plays in personal injury claims is multifaceted. They will begin the legal process first by explaining your legal options and rights, conducting an accident investigation, reviewing the accident report, reviewing insurance policies, gathering witness statements, reviewing your medical records, consulting with experts, assessing your damages, handling settlement negotiations with the insurance company, and filing a lawsuit, if necessary.
The most common types of injuries sustained by victims in Houston, Texas, car accidents are whiplash, head injuries, soft tissue damage, chest injuries, broken bones, back and spinal injuries, internal injuries, knee injuries, burns, amputations, and facial and dental injuries.
Whiplash is one of the most common types of injuries sustained in an auto accident and is caused when the head suddenly jerks forward and then snaps back.
A head injury can range from concussions to debilitating traumatic brain injuries.
Deployed airbags, broken glass, and other objects in the vehicle can cause lacerations, cuts, and bruises.
Impact with a deployed airbag or the steering wheel can cause chest injuries, including damage to internal organs or fractures.
In car accidents, broken bones commonly occur in areas like the arms, legs, ribs, and pelvis.
The force of an accident can cause herniated discs and spinal cord damage. Both back and spinal injuries can lead to long-term disabilities.
Internal injuries often include damage to internal organs such as the lungs, kidneys, liver, and spleen.
The impact of a collision can cause the knees to hit surfaces in the vehicle, such as the dashboard, resulting in damage to ligaments, fractures, or dislocations.
Burn injuries can result from explosions or fires that occur during a collision.
Some accidents can result in the loss of limbs.
Facial injuries can occur due to impact on the airbag, steering wheel, or dashboard. Fractures, dental injuries, and cuts are also common.
The most common types of car accidents in Houston, Texas, are rear-end accidents, T-bone accidents, head-on accidents, single vehicle accidents, multi-vehicle accidents, collisions with bicycles and pedestrians, hit and run accidents, rollovers, distracted driving accidents, and weather-related accidents.
A rear-end accident occurs when one vehicle crashes into the back of another. These types of collisions usually occur in heavy traffic.
Side-impact accidents commonly occur when the front of one vehicle crashes into the side of another.
A head-on accident happens when the front ends of two vehicles collide, often resulting in serious injuries. This type of collision is more likely to happen due to driver distraction.
A single-vehicle accident involves one vehicle hitting stationary objects, running off the road, or rolling. Distracted driving, driving under the influence, inclement weather, and road hazards are all common causes.
These accidents often occur on highways or in inclement weather.
Accidents that involve cyclists or pedestrians often happen at crosswalks, intersections, and other areas where cars and non-motorists interact.
In a hit-and-run accident, a motorist will flee the scene of an accident without stopping or speaking with the other motorist involved.
Rollover accidents happen when a vehicle tips onto its side or roof, often after a sharp turn, a tire blowout, or a collision. SUVs and trucks are especially prone to rolling due to their higher center of gravity.
A distracted driving accident can occur when a motorist is distracted by activities such as texting, speaking on the phone, or eating.
Poor weather conditions, such as rain, snow, or fog, can cause accidents by reducing visibility and creating slippery road surfaces.
The most important immediate steps that you need to take after a car accident in Houston, Texas, include moving your vehicle to the side of the road, contacting 911 or law enforcement, exchanging information with the other driver, not apologizing for the accident, remaining at the accident scene and speaking with law enforcement, obtaining witness contact information, gathering evidence, seeking immediate medical attention, notifying your insurance provider, and contacting an attorney.
The 10 most important steps you must take after an auto accident are listed below:
FAQ
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The areas in Houston, Texas, served by Ben Dominguez Car Accident Lawyer includes West University, Inner Loop, Carlton Woods, Memorial, Houston Heights, Bellaire, Uptown, Montrose, River Oaks, Gulfton, Westwood, and the surrounding areas.
The statute of limitations for personal injury accidents in Texas is two years from the date of the accident. If you miss this important deadline, your case will be dismissed. If your case is dismissed you will be unable to pursue any compensation for your accident-related damages. If you’re recovering from severe injuries, pursuing compensation may not be a priority. However, it’s important to take legal action as soon as possible.
At the Ben Dominguez Law Firm, a Houston personal injury attorney on our legal team will take care of every aspect of your care, including filing all required paperwork within the statute of limitations. While we fight for your right to fair compensation, you can focus on healing and moving forward with your life.
The statute of limitations for filing a car accident lawsuit in Houston, Texas, is two years from the date of the accident. If you fail to file your lawsuit within the statute of limitations, your case will be dismissed and you will be unable to recover any compensation for your accident-related losses.
The average time it takes to settle an auto accident claim in Houston, Texas, ranges from three months to twelve months.
The factors that can impact how much compensation you can recover after a car accident include the extent of your injuries and property damage, whether you sustained a permanent disability, your level of fault, and insurance policy limits.
The Extent of Your Injuries and Property Damage
If there are minor injuries and minimal property damage, the settlement you receive may be lower. Minor injuries may include whiplash and soft tissue damage.
If the injuries are more severe, such as a traumatic brain injury, broken bones, or spinal cord injuries, the settlement amount will be higher to cover the cost of medical expenses, rehab, and the long-term impact the injuries will have on the accident victim’s life.
Whether You Sustained a Permanent Disability
If an accident resulted in permanent disabilities it may result in a higher settlement to compensate for ongoing medical care, loss of earning capacity, and loss of quality of life.
Your Level of Fault
If one party is clearly at fault, their insurance may be responsible for covering the damages. If the accident victim was also partially to blame for the collision, the settlement may be adjusted based on the accident victim’s level of fault.
Insurance Policy Limits
An insurance policy has a coverage limit. If the other driver’s insurance policy has a low limit, it can impact the maximum amount that can be obtained through a settlement.
How Do the Car Accident Lawyers at the Ben Dominguez Law Firm Calculate Damages in Car Accident Cases?
At the Ben Dominguez Law Firm, calculating damages in car crash cases involves an in-depth assessment of economic and non-economic damages to ensure your attorney pursues every penny of compensation you’re entitled to.
Economic Damages
Past and Future Medical Expenses
Compensation for medical expenses may entail past and future medical costs related to the accident, such as hospital stays, surgeries, medications, rehabilitation, and other medical expenses.
Property Damage
You may be entitled to compensation for a damaged or totaled vehicle and other personal property affected by the accident.
Lost Wages
You may be reimbursed for income lost due to time taken off work for medical treatment, recovery, or other accident-related reasons.
Loss of Earning Capacity
If the accident resulted in long-term or permanent injuries that affect your ability to work or force you to switch careers, you may be entitled to compensation for the loss of future earning capacity.
Loss of Future Earnings
If you are unable to ever return to work due to the severity of your injuries, your attorney can pursue compensation for loss of future earnings.
Non-Economic Damages
Pain and Suffering
Pain and suffering damages can compensate you for physical pain, emotional distress, and mental anguish resulting from the accident.
Loss of Consortium
Spouses may be eligible for compensation if the motor vehicle collision caused a loss of companionship, intimacy, or support.
Your attorney will add up your medical bills, pay stubs, vehicle repair estimates, and consult with experts to learn about the value of loss of earning capacity or loss of future wages, to come to the total value of your economic losses.
Calculating Damages
To determine the value of your non-economic losses, your attorney will use the per diem method or the multiplier method.
Multiplier method
Your attorney can use the multiplier method to calculate pain and suffering damages. This method is commonly used by insurance adjusters. To use the multiplier method, your attorney will add up your economic damages and use a multiplier ranging from 15. To 5. 5 represents severe pain and suffering. Your attorney will multiply your total economic damages by the chosen number.
Per diem method.
Using the per diem method, your attorney will assign a dollar value to each day you experienced pain and suffering or the number of days it took you to reach maximum medical improvement (MMI). Your attorney will base the daily dollar value on your daily lost wages.
The factors that can affect how long it takes to settle a car accident claim includes the severity of your injuries, the duration of medical treatment, how long it takes to complete the accident investigation, how willing the insurance company is to negotiate, and whether your case goes to trial.
The Severity of Your Injuries
If you were severely injured in the accident it may take longer to settle your case since the full extent of medical treatment and long-term consequences may still need to be determined.
Duration of Medical Treatment
The duration of medical treatment and recovery can impact how fast a claim can be settled. In some cases, the injured party must wait until they reach maximum medical improvement before settling to ensure all medical costs are accounted for.
Complex Accident Investigation
For complex cases involving multiple parties, a fatality, or severe injuries, the insurance company may need to spend a significant amount of time conducting an accident investigation.
How Willing the Insurance Company is to Negotiate
The negotiation process may take several months or even years as offers and counteroffers are made. In some cases, the insurance company may attempt to use stalling tactics, hoping the case exceeds the statute of limitations or you finally agree to a settlement because you have no income.
Whether Your Case Goes to Trial
If a court schedule is packed, you may have to wait weeks or months before your trial begins. Additionally, how long the discovery period is can also have a major impact on how quickly the trial process will be.
In some cases, the parties involved may choose to participate in alternative dispute resolution methods, such as mediation or arbitration, to settle the claim outside of court. If mediation is not successful, your case will proceed to trial.
The common causes of car accidents in Houston, Texas, are distracted driving, driving under the influence, speeding, reckless driving, and fatigued driving.
Distracted Driving
Distracted driving is one of the leading causes of auto accidents all across the country. Distracted driving includes any type of activity that takes a driver’s focus and attention away from the road. Examples of distracted driving include eating, texting, talking on the phone, reading or writing an email, applying makeup, or speaking to someone in the vehicle.
Driving Under the Influence
When a motorist gets behind the wheel after consuming alcohol, it can result in a devastating accident. Alcohol can impair a driver’s judgment, can affect their timing, and can affect their coordination.
Speeding
When a driver is speeding, it will require more space for their vehicle to come to a complete stop and can cause them to lose control of their vehicle. Additionally, when a motorist is driving over the speed limit, they will be unable to react to sudden changes in traffic.
Reckless Driving
A reckless driver will not follow traffic laws, and may run stop signs and red lights, may fail to yield the right of way, and may drive over the speed limit.
Fatigued Driving
When a motorist gets behind the wheel when they’re drowsy or exhausted, they can experience many of the same effects as a driver who is under the influence of alcohol, including poor judgment, blurred vision, and lack of coordination.
Yes. A car accident lawyer will have extensive experience investigating auto accidents, knows what evidence is needed to establish liability and prove their client’s demand for compensation, and how to negotiate with an insurance company to secure a fair settlement that accurately reflects their client’s damages. Insurance companies employ claims adjusters who are trained negotiators. Hiring a car accident lawyer will level the playing field, giving your case the best chance of success.
Yes. Texas is a modified comparative fault state and follows the 51% bar rule. This means if you are found to be 51% or more responsible for the accident, you will not be able to recover damages. However, if you are found to be 50% or less at fault for the accident, you can still recover compensation for your losses. Your settlement or award will be reduced based on the level of fault you were assigned. For example, if you’re found 40% at fault, your settlement or award will be reduced by 40%
At our law firm, our attorneys work on a contingency fee basis. With this type of payment arrangement there are no upfront costs. If your case is not successful, you pay nothing. If you do win your case, your attorney will subtract a small percentage of the settlement or award to cover the cost of legal services.
It can take several months or years to settle your case, depending on the severity of your injuries, the insurance company’s willingness to negotiate, whether liability is disputed, and many other variables. When you hire an attorney at the Ben Dominguez Law Firm, they will fight for every penny of compensation you deserve, as they stay on top of your case to prevent the insurance company from dragging its feet. Our legal team understands how important it is to help you recover the compensation you’re owed and soon as possible.
How much compensation you can recover after a personal injury accident in Houston, Texas, will depend on how your injuries have affected your life, the severity of your injuries, how much time you missed at work, whether your injuries forced you to switch careers, whether you’ll ever be able to return to work, and other variables.
In some cases, an accident victim can pursue compensation for:
Pain and Suffering
Pain and suffering damages are meant to compensate you for the physical pain and emotional distress you experienced due to the accident and subsequent injuries. Pain and suffering damages encompass compensation for loss of quality of life, loss of enjoyment of life, emotional anguish, and other forms of psychological harm you experienced.
Past and Future Medical Care Costs
If you were injured in the accident, your Houston personal injury lawyer will pursue compensation that will cover the cost of past, current, and future medical care costs. This can include compensation for hospitalization, rehabilitation, prosthetics, surgeries, medical devices, doctor’s appointments, medication, transportation to doctor’s appointments, physical therapy, occupational therapy, and other related treatment.
Lost Wages
If you missed time at work due to recovering from your injuries, your attorney will pursue compensation for lost wages. If you were forced to switch careers due to your injuries or you are unable to ever return to work, your Houston personal injury attorney can pursue compensation for loss of earning capacity or future lost wages.
Property Damage
If your vehicle was damaged, or personal property, such as a laptop or cell phone were damaged, your attorney can pursue compensation for property damage.
A Houston personal injury lawyer can help you with your claim by investigating the accident, consulting with experts, negotiating with the insurance company for a fair settlement, and filing a lawsuit, if the insurance company refuses to make a reasonable settlement offer.
Other ways a Houston personal injury lawyer can help you with your claim are listed below:
Investigating the Accident
Your Houston personal injury lawyer will conduct an accident investigation to determine how and why the accident occurred and who should be held liable. An accident investigation will involve interviewing witnesses and gathering vital evidence, such as:
Consulting with Experts
Our experienced personal injury lawyers in Houston know how to conduct an in-depth investigation that will uncover the truth. We will work with experts who can further help us prove liability and your demand for damages.
Some types of experts we may work with include:
Negotiating with the Insurance Company
Shortly after your accident, you may be contacted by the other party’s insurance provider. They may request to record your statement and may ask misleading and confusing questions in an attempt to get you to admit fault, or say something else that could damage your claim.
At the Ben Dominguez Law Firm, our Houston personal injury lawyers will handle all communication with the insurance company to protect your claim. This includes settlement negotiations. Our legal team has extensive experience negotiating with claims adjusters and they will not back down until the insurance company makes a fair settlement offer.
Filing a Lawsuit
Most personal injury cases are settled out of court. However, if settlement negotiations are not successful, our legal team will file a lawsuit on your behalf and help you pursue compensation in court.
Your Houston personal injury lawyer will only recommend filing a lawsuit if they believe you stand to recover more compensation by going to trial. As your attorney prepares your case for court, they will continue negotiating with the insurance company.
If you were involved in an accident that was caused by the negligence of another, whether you slipped and fell on someone’s property, or you were struck by a reckless driver while riding your bicycle, the Houston personal injury lawyers at the Ben Dominguez Law Firm will handle every aspect of your case, including investigating the accident, gathering evidence, consulting with experts, and negotiating with the insurance company.
At the Ben Dominguez Law Firm, our goal is to make the entire legal process as low-stress as possible, helping you recover the justice and compensation you’re owed for an accident that was caused by the negligence of another.
Yes. At the Ben Dominguez Law Firm, our car accident lawyers offer free consultations for victims in Houston, Texas. You can meet with an experienced car crash attorney on our legal team to discuss your case, learn about your legal rights, and explore your legal options.
Locations
Our legal team understands how challenging it may be to visit us in person, especially if you suffered injuries in an accident, which is why we offer both in-person and virtual appointments. Our goal is to help accident victims in the great state of Texas receive the experienced and knowledgeable legal guidance and support they need, conveniently, and as soon as possible following a personal injury accident or incident.
The Museum Tower 4899 Montrose Blvd, #1306,
Houston, Texas 77006
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If you were involved in an accident in Houston, TX, that was caused by the negligent, reckless actions of another, a Houston personal injury lawyer at the Ben Dominguez Law Firm can help. We understand how devastating the aftermath of an accident can be, especially if you're recovering from severe injuries, and we want to help you obtain the justice and compensation you deserve.
Contact us today to schedule your free consultation and learn how the legal team at the Ben Dominguez Law Firm can help.
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