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What Are My Rights If I Was in a Car Accident in Houston, Texas?

If you were involved in a car accident in Texas, you have several important legal rights that can help you recover damages and ensure your well-being. Understanding these rights can help you navigate the aftermath of the accident and protect your interests.

The Right to Medical Treatment

You have the right to seek immediate medical treatment for any injuries sustained in the accident, even if you don’t believe you were seriously hurt. It's crucial to get evaluated by a healthcare professional as some injuries, like whiplash or internal trauma, may not be immediately apparent. Keep all medical records and documentation of your treatments, as they will be essential for any insurance claims or legal proceedings.

The Right to Compensation

If another driver was at fault for the accident, you have the right to pursue compensation for various damages. This includes:

  • Medical Expenses: You can claim compensation for both current and future medical bills related to injuries sustained in the accident.
  • Property Damage: You are entitled to compensation for the repair or replacement of your vehicle and any other personal property damaged in the accident.
  • Lost Wages: If your injuries cause you to miss work, you can seek compensation for lost wages.
  • Pain and Suffering: You can also pursue damages for physical pain, emotional distress, and any reduction in quality of life caused by the accident.

The Right to File a Claim or Lawsuit

Texas operates under a "fault" system, meaning the at-fault driver is financially responsible for damages. You have the right to file a claim with the at-fault driver’s insurance company. If an insurance settlement is insufficient or denied, you also have the right to file a personal injury lawsuit to recover damages.

The Right to Legal Representation

You have the right to hire a personal injury attorney to represent you in your claim. An experienced lawyer can help ensure that your rights are protected, that all paperwork is filed correctly, and that you receive a fair settlement. Legal representation is especially important if fault is disputed or if you are dealing with significant medical costs and long-term injuries.

The Right to Reject a Low Settlement Offer

Insurance companies may try to settle quickly and offer a lower amount than you deserve. You have the right to reject any settlement offer that doesn’t fully cover your damages. If the insurance company is not offering a fair amount, an attorney can negotiate on your behalf or take the case to court.

The Right to File a Police Report

In Texas, you are required to report an accident to the police if it results in injury, death, or significant property damage. Filing a police report is not only a legal obligation but also provides an official record of the accident, which can support your insurance claim or lawsuit.

The Right to a Timely Resolution

Texas has a statute of limitations for filing personal injury claims. Generally, you have two years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to pursue compensation. It’s important to take action promptly and consult with an attorney early in the process to ensure all legal deadlines are met.

Understanding and exercising these rights is essential to ensuring you receive the compensation and care you deserve after a car accident in Texas.

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Frequently Asked Questions

What should I do immediately after a car accident?

First, ensure your safety and the safety of others involved. Call emergency services if there are injuries. Document the scene by taking pictures and gathering witness information.

What rights do I have regarding medical treatment?

You have the right to seek medical treatment for injuries sustained in the accident. Receiving proper medical care and keeping records of all treatments for your insurance claim is essential.

What if the other driver was at fault?

If the other driver is found to be negligent, you can file a claim against their insurance for damages. It may also be necessary to consult with an attorney to ensure your rights are fully protected.

Am I required to report the accident to the police?

Yes, in most states, you are legally required to file a police report if there are injuries or significant damage. This report can be crucial for insurance claims.

Can I pursue compensation for damages?

Yes, you have the right to seek compensation for damages to your vehicle, medical expenses, lost wages, and any pain and suffering resulting from the accident.

How long do I have to file a claim?

This can vary by state, but typically, you must file your claim within a specific statute of limitations, often ranging from one to three years after the accident. Consult with a legal professional for guidance. In Texas, it is two years.

Got a Question? Contact the Trust Guss Team

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They are not too pushy but provide you with the information to make an informed decision.

Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Stewart J. Guss and his team did an outstanding job handling my case.

James

From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable.  They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner.  They answer your questions and concerns appropriately for all parties involved.  I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

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