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How Car Accident Claims Work
March 26, 2024

How Car Accident Claims Work

By Jim Adler
March 26, 2024 • 3 min read

When it comes to filing a car accident claim within Texas, there are certain steps you should take.  Each claim filed also has its own “lifecycle” that must be understood. Every case is unique and different. Let’s talk about some of them below.

What Is a Car Accident Claim?

A car accident claim typically starts with submitting a claim for payments to the insurance company of the at-fault driver. This claim asks for payments for the costs and losses suffered by the persons who were injured due to that driver’s negligence.

Such claims are best handled not by the injured person himself or herself, but by an experienced car accident attorney. He or she will investigate the case and collect the evidence and information needed to support your claim for compensation.

Most claims for financial compensation are negotiated by the car wreck attorney with the insurance company, and most are resolved in that way.

Your car accident lawyer will begin by making a claim for payments based on the nature and severity of your injury, the negligence of the at-fault driver and the amount of insurance coverage available to cover your injury costs and losses, such as medical bills, lost wages and pain and suffering.

The insurance company then will respond with a counter offer. Then the two sides will negotiate. If eventually the offer is enough to meet the client’s needs, the car accident lawyer will present that offer to the client for approval.

But some claims take more time when the claim is especially high and the insurance company refuses to pay adequately. Those claims may wind up going to court as part of a car accident lawsuit.

Even then — even after a car accident lawsuit is filed — an out-of-court settlement may be reached without the need of a trial. But if a settlement for compensation cannot be reached and a trial is needed, a car accident lawyer can fight at trial to gain a settlement which the client needs and deserves by means of a jury’s or judge’s decision.

Whenever a settlement is reached, your car accident lawyer will handle disbursal of funds to the medical entities who are owed payment for treating your injury. Then the balance of funds will go to you, to compensate you for your lost salary and pain and suffering. Your lawyer will be paid only a portion of the settlement amount when you prevail and will be paid no money from your own pocket.

There Are Different Types of Car Accident Claims

As for the types of car accident claims in Houston, Dallas, San Antonio or anywhere else in Texas, these claims can vary widely, from soft tissue injuries and minor fractures to severe and debilitating injuries such as burns, paralysis, brain injury, amputation or disfigurement.

Each of the many auto accident claims in Texas is individual and unique, but each type of claim deserves attention and successful resolution for the injured person.

Whiplash Claim

One of the more common types of claims is for a whiplash injury. If you’re wondering how to make a whiplash claim after a car accident, first you should know what whiplash means.

A so-called whiplash injury can occur when a vehicle makes a sudden stop. But most often it occurs when a vehicle is suddenly struck from behind, as when a car that has stopped at a red light is rear-ended by a vehicle traveling at fairly high speed, perhaps due to a distracted driver.

At such a time, the head and neck of persons in the front vehicle may move violently backward and forward. This rapid back and forth movement of the neck is called “whiplash” since it resembles the motion of cracking a whip.

The resulting pain of a whiplash injury often occurs in the neck as well as in the shoulders. Such pain may be mild, but it can be extreme.

The pain from a whiplash injury may not be immediately apparent right after an accident. It could take several days to manifest itself. But a neck strain or whiplash injury should be treated as soon as possible, and the costs of such treatment can be part of a car crash whiplash claim.

Whiplash claims are fairly common, and often they can lead to payments or compensation for victims.

Our Attorneys Are Here to Help You

Whether your injury involves a whiplash claim or a claim for catastrophic, life-changing injuries, your car accident claim will receive the attention and support it deserves from the experienced car accident lawyers at Jim Adler & Associates. Contact us today for a free, confidential and no-obligation legal review of your case.

About Jim Adler

Jim Adler, also known as The Texas Hammer®, is an American trial attorney and owner of Jim Adler & Associates. He has been practicing law in Texas in the area of personal injury for 54 years.

Jim Adler graduated from the University of Texas School of Law where he received his Juris Doctor degree (J.D.) in 1967.

Jim Adler is a member of the State Bar of Texas, American Bar Association (ABA) and American Trial Lawyers Association. He is licensed to practice in the United States Court of Appeals for the Fifth Circuit and U.S. District Courts of Texas. Read More

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