Cole, Cole, Easley and Sciba Trial Attorneys can help you if you’ve been injured in an accident in Port Lavaca. There’s a lot to like about living in Port Lavaca. Whether you’re spending time along Lavaca Bay, heading into town, getting to work, or just driving around Calhoun County, there’s a good chance you know the roads and places around here pretty well. But an accident can change all that in an instant. We’ll be there to help you through it. Set up a free consultation today.
Why a Lawyer Makes Sense After an Accident
Nobody expects to be injured when something goes wrong in Port Lavaca. It’s a close-knit community, so it can be a bit uncomfortable being in an accident. With all that said, there’s very real problems to deal with—ongoing pain, missed work, and a disruption of your normal routine.
That’s where having a lawyer starts to make sense. Our team at The Brown Law Firm can help by:
- Looking into what happened and figuring out who could be responsible.
- Gathering your medical records, accident reports, witness statements, and other evidence.
- Dealing with the insurance company and handling the calls, paperwork, and negotiations.
- Filing a lawsuit and taking your case to court if the insurance company won’t be reasonable.
You’ve already got enough to deal with after getting hurt. You shouldn’t also have to spend your time fighting with an insurance company or trying to figure out what your claim is worth. That’s where our team can step in and guide you through the whole thing. And that starts right there at the scene.
What Accidents Happen in Port Lavaca?
Port Lavaca has a little bit of everything when it comes to the types of accidents that can happen. You’ve got people driving through town, commuters, trucks, businesses, industrial areas, residential neighborhoods, and people spending time around Lavaca Bay. So accidents can happen in a lot of different ways. Normally though, they happen through:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Slip-and-fall accidents
- Dog bites
- Boating accidents
- Construction accidents
- Workplace accidents
And then there are the places where these accidents happen. Some of the more common ones include:
- Highway 35
- Highway 87
- Local roads and intersections
- Parking lots
- Grocery stores and other businesses
- Apartment complexes and rental properties
- Construction and industrial worksites
- Neighborhood streets
- Parks and public spaces
- Areas around Lavaca Bay and local docks
Obviously, that’s not an exhaustive list. An accident can happen pretty much anywhere. What matters is figuring out what caused it and who may be responsible. And before you can really get into the claims process, you need to have the information to support what happened.
What Information Will I Need For an Injury Claim?
One thing that surprises people about injury claims is that there’s no single checklist of everything you need. Every accident is different, so the evidence you need is going to depend on what happened.
Still, there are a few things that can help with just about any claim. And it starts at the scene. But first, take care of yourself. Call 911, get medical attention, and make sure you’re okay. Everything else comes after that.
As you wait (and only if it’s safe), you can try to get a few basics like:
- Pictures/videos of the accident scene, your injuries, vehicle damage, property damage, and anything else that looks important.
- The names and contact information of everyone involved.
- Insurance information from the other people involved.
- Contact information for anyone who saw what happened.
That’s a good start. But you shouldn’t stop documenting things once you leave the scene. As you go through your recovery, keep track of:
- Medical records and bills that show what treatment you’ve needed and how much it’s cost.
- Police or incident reports, which can provide an independent account of the accident.
- Progress pictures of any bruising, swelling, cuts, casts, and other injuries can change over time.
- Notes about your recovery that talk about your pain, doctor’s appointments, missed work, things you can’t do, and how the injury is changing your everyday life.
- Letters, emails, claim numbers, estimates, and anything else the insurance company sends you.
You don’t need to have all of this before you talk to us. Most people don’t. The point isn’t to build the entire case yourself. It’s to keep the information you do have so we can put the pieces together later. And that’s important because one of the biggest questions in any injury claim is pretty simple: who is actually responsible?
Who’s Legally Responsible When There’s an Accident?
This is the big question with any injury claim, and unfortunately, it’s not always easy to answer. Legally, responsibility is based on negligence, which is another way of saying that:
- Somebody did something—or failed to do something—that led directly to the accident and your injuries.
That usually means a:
- Distracted, speeding, or impaired driver.
- Property owner who didn’t fix a dangerous condition or warn people about it.
- Business that failed to address something it knew could hurt someone.
- Contractor that created an unsafe condition at work.
- Company that made or sold a dangerous product.
- Government agency that may be responsible for certain dangerous public property conditions.
Where things get complicated is that in real life, it’s not always clear. There’s a lot of moving parts with any accident, and that usually results in different stories and interpretations of what happened. And usually, it means multiple people are responsible. That doesn’t change your rights and options, though.
How the Injury Claims Process Usually Works After an Accident
Once you have a better idea of what happened and who may be responsible, the next question is usually: how do I actually get financial help?
Most injury claims take one of two paths: an insurance claim or a lawsuit.
- Filing an insurance claim. Most cases start with an insurance claim. It’s the less formal route because you’re dealing with the insurance company outside of court. That can lead to a quicker settlement offer, which sometimes is fair, but other times isn’t because it’s based on their interpretation of the facts. Accepting a settlement is up to you, but once you do, you can’t go back later and ask for more help.
- Filing a lawsuit. If the insurance company won’t offer a fair settlement, filing a lawsuit may be the next step. That doesn’t automatically mean you’re going to trial. A lot of cases settle after a lawsuit is filed but before anyone ever gets in front of a jury.
Whether your case settles through insurance negotiations or ends up in court, the goal is the same: getting “damages” for what the accident has cost you. That usually includes costs based on your:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
- Wrongful death damages if you’ve lost a loved one
Texas also has deadlines for filing personal injury lawsuits. In many cases, you have two years from when the claim accrues to file a lawsuit, although there are exceptions. Two years might sound like a long time. It really isn’t when you’re dealing with a serious injury, ongoing treatment, and an insurance company that may be pushing back. That’s why it’s worth getting answers sooner rather than later.
Frequently Asked Questions
Do I need to go to court?
Probably not. A lot of injury claims are resolved through insurance negotiations or a settlement before trial. But if the insurance company won’t offer a fair amount, we’re prepared to take your case to court.
What if the insurance company already offered me money?
Don’t feel like you have to accept it right away. Before you settle, you want to have a good idea of how serious your injuries are, what treatment you’re going to need, and how the accident has affected your work and everyday life. Once you settle, you generally can’t go back and ask for more later.
What if I don’t have much evidence?
That’s more common than you might think. You may not have taken pictures. You may not know who witnessed the accident. You may not have any idea what records you’re going to need. That’s okay. Police reports, medical records, witness statements, photos, videos, surveillance footage, and other records can all help piece together what happened.
Free Consultations With Our Port Lavaca Personal Injury Lawyers
If you’ve been injured in Port Lavaca, you don’t have to figure everything out by yourself. Wherever it happened, we’re here to help.
At Cole, Cole, Easley and Sciba Trial Attorneys, we’ll listen to what happened, explain your options, answer your questions, and handle the legal side of your claim if you decide to move forward. You focus on getting better. We’ll focus on the claim. Set up your free consultation today.