The call from the other driver’s insurance adjuster comes sooner than you expect. Their voice is calm, their questions seem routine, but their objective is anything but simple. They are not calling to help you heal. They are calling to begin a process designed to protect their company’s assets by paying you as little as possible.
While you are trying to manage pain, medical appointments, and vehicle repairs, they are already building their case against you. They know the law, they know the process, and they are counting on you not knowing it.
This is not a fair fight. At Stephens Law, we level the playing field. When you are injured and uncertain, a dedicated Fort Worth car accident lawyer from our firm can be your advocate, your shield, and your voice.
The Insurance Company Is Not on Your Side
From the moment your accident is reported, you become a claim number in a corporate system. The friendly adjuster on the phone is a trained negotiator with one primary objective: to resolve your car accident claim for the lowest possible cost. Every action they take is a calculated step in that process.
Minimize your claim
An insurer’s profitability depends on paying out less in claims than it collects in premiums. To do this, adjusters look for any reason to devalue or deny a legitimate claim. They may suggest you were partially at fault, question the severity of your injuries, or dispute the necessity of your medical treatments. These are not good-faith inquiries; they are strategic challenges to your right to fair compensation.
The adjuster’s tactics
Adjusters use several common tactics to gain an advantage. They may press you for a recorded statement early on, before you know the full extent of your injuries.
They may also make a quick, low settlement offer, hoping your financial stress will compel you to accept it. This initial offer rarely reflects the true value of your claim and is a test to see if you are willing to settle for less.
Why a recorded statement can harm your case
You are not required to give a recorded statement to the at-fault party’s insurance company. Adjusters use these statements to lock you into a single version of events and to find inconsistencies or admissions they can use against you. An innocent comment like I feel okay today can be twisted to mean your injuries are not serious. Declining this request protects your claim.
How We Build a Foundation for Your Claim
A successful car accident claim is not built on arguments; it is built on undeniable evidence. We begin our work immediately, taking swift and decisive action to preserve the facts and construct a powerful case on your behalf. This proactive approach is designed to counter the insurance company’s head start.
Launching an independent investigation
We do not rely on the police report alone. Our team initiates an independent investigation to uncover all the facts surrounding your collision, even after you file a police report. This may involve visiting the accident scene near landmarks like the Fort Worth Stockyards or along busy routes like the Chisholm Trail Parkway to document conditions.
We identify and interview witnesses while their memories are fresh and gather a complete picture of what happened.
Preserving critical evidence immediately
Physical evidence from a car accident can disappear quickly. Skid marks fade, vehicle debris is cleared away, and nearby surveillance footage may be overwritten. We act fast to photograph, measure, and document every relevant piece of physical evidence. For more complex cases, we may work with accident reconstructionists who use physics and engineering principles to determine exactly how the crash occurred.
The importance of a spoliation letter
In cases involving commercial vehicles or potential electronic data, we send a formal spoliation letter to the at-fault party. This legal document puts them on notice that they must preserve all potential evidence related to the crash.
This includes things like a truck driver’s logbooks, vehicle maintenance records, and data from event data recorders or “black boxes.” This action prevents the deliberate or accidental destruction of evidence that could be vital to your case.
Proving Negligence Under Texas Law
To fight for fair compensation in Texas, you must prove that the other driver was negligent. Negligence is not just a synonym for a mistake; it is a specific legal standard that requires you to establish four distinct elements.
The legal duty of every Texas driver
The first element is establishing a duty of care. Every person who gets behind the wheel in Texas automatically accepts a legal obligation to operate their vehicle as a reasonably prudent person would. This duty requires them to follow traffic laws, remain attentive to their surroundings, and refrain from actions that create a foreseeable risk of harm to others.
How a breach of duty causes a collision
The second element is showing a breach of that duty. A breach is the specific action or inaction that fell below the required standard of care. This is the careless choice that caused the accident.
A driver’s failure to meet their legal obligations can happen in many ways. These negligent actions are the root cause of countless preventable collisions.
- Driving while distracted by a phone or other device.
- Exceeding the speed limit or driving too fast for conditions.
- Driving under the influence of alcohol or drugs.
- Failing to yield the right-of-way at an intersection.
- Following another vehicle too closely to stop safely.
These are not just poor driving habits; they are breaches of a legal duty. Our investigation focuses on finding the evidence that proves the other driver made one of these dangerous choices.
Connecting the breach to your damages
The final two elements are causation and damages. You must show a direct link between the driver’s breach and the accident that caused your injuries. Then, you must document the actual financial and personal losses you have suffered as a result. This complete chain of evidence from duty to damages is the foundation of a strong negligence claim.
Documenting the Full Impact of Your Injuries
The true cost of a car accident goes far beyond the initial emergency room bill. It includes a lifetime of potential medical needs, lost income, and the profound personal impact of the injury. We work to document every single loss to ensure your claim reflects the full scope of your damages.
Calculating past and future medical expenses
We begin by meticulously gathering every medical bill related to your care. This creates a clear record of your past expenses. For serious injuries, we also work with medical and financial professionals to project the cost of your future medical needs. This may include future surgeries, ongoing physical therapy, prescription medications, and in-home care.
Proving lost wages and diminished earning capacity
If you cannot work, your lost income is a significant financial loss. We use your pay stubs and employment records to calculate the wages you have already lost. If your injuries permanently affect your ability to do your job or force you into a lower-paying field, we fight for compensation for your loss of earning capacity. This addresses the lifetime impact of the injury on your financial future.
Fighting for compensation for pain and suffering
Your claim is not just about the numbers on a bill. It is also about the human cost of the accident. Non-economic damages are intended to compensate you for the physical pain, mental anguish, and loss of enjoyment of life you have endured. While no amount of money can erase this suffering, this compensation is a vital part of acknowledging the full harm you have suffered.
Why Choose Stephens Law as Your Fort Worth Car Accident Lawyer
When you are facing a difficult recovery, the law firm you choose makes a difference. You need a team with the resources, the resolve, and the record of holding negligent parties accountable.
A record of holding negligent parties accountable
Our firm’s history of case results speaks to our commitment to our clients. We prepare every case as if it will go to trial. This thorough preparation and our reputation for seeing a case through to the end often convinces insurance companies to offer fair settlements without the need for a lengthy court battle. We are proud of the results we have achieved for families in Fort Worth and across Texas.
Resources to take on complex cases
Car accident cases, especially those involving catastrophic injuries or commercial vehicles, require significant financial and professional resources. We can retain leading professionals in medicine, accident reconstruction, and economics to build the strongest possible case for our clients. We level the playing field against large insurance corporations.
A commitment to our Fort Worth community
We are not just personal injury lawyers who happen to work in Fort Worth; we are part of this community. We see our clients at the grocery store and local events. Our offices are located near the downtown courthouse, and we are deeply invested in the safety and well-being of our neighbors. We fight for our clients with the dedication of a neighbor helping a neighbor.
Navigating the Complexities of Texas Car Accident Laws
The legal framework governing car accidents in Texas contains specific rules that can have a major impact on your ability to recover compensation. Insurance adjusters are intimately familiar with these laws and will use them to their advantage.
The 51 percent bar rule and comparative fault
Texas uses a “modified comparative fault” system. Under Texas Civil Practice & Remedies Code § 33.001, you may recover damages as long as you are not found to be 51 percent or more at fault for the accident. If you are found partially at fault, your recovery is simply reduced by your percentage of fault. This is why insurers work so hard to shift even a small amount of blame onto you.
The strict two-year statute of limitations
You have a limited time to act. In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you do not file a car accident lawsuit within this period, the court will likely bar your claim forever.
This deadline emphasizes the importance of contacting a Fort Worth car accident lawyer promptly to initiate the investigation.
Our team manages all these legal and procedural burdens. This allows you to focus your energy on your physical and emotional recovery while we handle the fight for your financial future.
Frequently Asked Questions for a Fort Worth Car Accident Lawyer
How much does it cost to hire a car accident lawyer?
We handle personal injury cases on a contingency fee basis. This means you pay no upfront costs or attorney fees. We only get paid if we win your case and secure a financial recovery for you.
How is the value of a car accident claim determined?
The value of a claim is based on the total of your economic and non-economic damages. This includes all your medical bills, lost wages, future financial needs, and compensation for your pain and suffering. Every case is unique, and the value depends on the specific facts and the severity of the harm.
Do I have to go to court for my car accident case?
Most car accident cases are resolved through a settlement agreement without ever going to trial. However, we prepare every case for the courtroom. This readiness to go to trial often motivates the insurance company to negotiate in good faith and offer a fair car accident settlement in Texas.
Take Control of Your Recovery
You do not have to accept the insurance company’s assessment. You have the right to an advocate who will fight for your best interests. The decisions you make in the coming days can affect your family’s financial stability for years to come. Take the first step toward protecting your rights and securing your future.
Call our office immediately for a free, confidential consultation to discuss your case.
