Personal Injury
Jenkins | Babb, LLP provides committed representation to personal injury victims injured in an accident, on the job, by another person, by slipping and falling at a store, by a business not providing a safe environment, or in any other circumstance. Please contact us for a free initial consultation by calling 214.220.2022 or completing our online Inquiry Form.
Auto and Motorcycle Accidents
Accidents are the number one cause of personal injury claims. Jenkins | Babb can assist you in getting compensated for your injuries whether you have been hurt in a simple car accident, a motorcycle accident, an 18-wheeler truck accident, or in a more complex multi-vehicle car wreck. It is our goal to move car and motorcycle accident claims quickly in the appropriate circumstances. We contact the insurance company to determine wehther the claim can be resolved without the added delay and expense of a lawsuit. This is more likely to occur when the injuries are severe and the other side has limited insurance. Typically, however, the insurance company does not make a reasonable offer and we proceed with initiaing a lawsuit.
What are your rights after being injured in an automobile or motorcycle accident? The insurance adjustor may answer your questions, but the adjustor works for the insurance company and will protect the company's interests, not yours. From the first conversation with the insurance company adjuster, they work to reduce their exposure and shift blame on to you if possible. If you are injured in a wreck, it is important for you to have an experienced car accident lawyer working for you as quickly as possible after the accident. Certainly you should have an experienced car accident lawyer working for you before you give a statement to any insurance company adjuster, even your own insurance company adjuster.
The basic legal elements of an auto accident are similar to any negligence claim. In order to prove somebody acted in a negligent manner thereby causing damages for which you can recover (i.e., automobile accident), your attorney must prove:
- The other person in the accident owed you a duty;
- That person breach that duty (negligence);
- The breach of the duty proximately caused your injury; and
- The amount of damages resulting from the breach of the duty.
In Texas, in order to prove that somebody was negligent (breach of a duty), it must be shown that the defendant failed to use ordinary care. “Ordinary care” has been defined as the care which a reasonable person of ordinary prudence would have done under the same or similar circumstances. We are all under a duty to use "ordinary care" when operating an automobile.
In order to prove that the other driver was negligent and therefore liable to you for your injuries, we must show that they were the "proximate cause" of your injuries. "Proximate cause" has been defined as that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the negligent act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result. It is possible to have more than one proximate cause of an event.
Once negligence (the breach of the duty) and causation are established, it is necessary to evaluate the amount of damages that can be recovered by somebody injured in an auto accident. The most common types of damages sought and recoverable in an auto accident personal injury case in Texas are:
- Past medical expenses
- Future medical expenses
- Loss of past wages
- Loss of future earning capacity
- Past and future disfigurement
- Past and future physical impairment
- Past and future physical pain and mental anguish
- Loss of household services
- Loss of consortium
- Punitive (Exemplary) damages in certain cases (rarely awarded)
The more serious your injuries the more you need a personal injury lawyer like those at Jenkins | Babb, to advocate for your rights.
What should you do after an automobile accident?
First, take care of your injuries. Your first need after a car accident is to get medical treatment. If you are injured, do not delay in seeking medical attention from a licensed medical doctor. Seeking immediate medical treatment may help you heal quicker. Be sure to find out the extent of your injuries and follow all treatment recommendations.
Second speak with an attorney, not an insurance company. Often after an auto accident, victims are contacted by insurance company representatives seeking a recorded statement regarded the automobile accident. When you are recovering from an injury, you are not in the best condition to answer an insurance company's detailed questions. Report the accident only, and then talk to a personal injury lawyer before answering any questions.
Time is of the essence. The sooner you talk to an auto accident attorney, the better. Importantly, there is a statute of limitations in Texas of two years for most claims related to an auto accident. Additionally, it is generally better to get evidence and witness accounts about the accident as close to the time of the accident as possible. When you are the victim of a serious auto accident, the insurance company will be working hard to collect facts and evidence in order to defend against your claim. It is crucial that you begin working with a lawyer to protect your claim.
The experience and responsiveness of Jenkins | Babb can be a benefit to your personal injury case. To set up your free initial consultation, please contact us today at 214.220.2022 or use our online Inquiry Form, and a representative from our firm will promptly contact you to schedule your free initial consultation to discuss how we can assist you with your personal injury needs.
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