Car accident lawyer in Odessa, Texas.

Hurt in a Car Accident in Odessa?

Our Odessa car accident attorneys are here to help you get the compensation you deserve.

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The impact of a car crash can be traumatic and life-altering, causing physical and emotional harm that lasts long after the initial impact. While nobody ever expects to be involved in a car collision when they leave the house, the unfortunate reality is that accidents do occur frequently. In fact, the Texas Department of Transportation reported that “1 person was injured every 2 minutes 9 seconds” in Texas during 2022.

If you have been injured in a car accident in the Odessa area, it’s important to be aware of the legal options available to you. Our team of car accident injury attorneys can help you navigate the legal process and fight for the compensation you deserve to cover your medical expenses, lost income, and other damages. At our law firm, we understand the impact a car accident can have on your life, and we are here to offer support and guidance during this challenging time.

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You Can Get Started Today

To begin the process of pursuing compensation after your car accident, contact us today for a free consultation. It only takes a call or a click, so you don’t have to leave the house!

 

You Have a Legal Right to Compensation

When you’ve been injured in an Odessa accident due to someone else’s negligence, you have the right to seek damages for your injury. We work hard to protect that right and get you the settlement you deserve.

We Work on Contingency

By working on contingency, we can offer compassionate and competent legal representation to our Texas neighbors without charging any upfront fees. You only pay if we win!

How Much Compensation Can I Receive for My Car Accident Injuries?

Being injured in a serious car accident can be an overwhelming experience. After your health and well-being are taken care of, the next big question is ‘How can I pay for all of this?’ Luckily, if you’re injured in a car accident that was due to someone else’s negligence, you can be compensated for the associated damages. In Texas, the law allows for various types of compensation depending on the unique details of your case.

Types of Compensation Available in a Car Accident Case

In Texas, victims of car accidents can seek a few different types of compensation. These are typically categorized into economic, non-economic, and punitive damages.

Economic damages are tangible losses that can be objectively calculated and documented.

Common economic damages include:

  • Medical Expenses: This covers all medical treatments related to your injuries, including future medical care, if needed.
  • Lost Wages: If your injuries have affected your ability to work, you can claim compensation for lost income. This also includes compensation for reduced future earning capacity due to any lasting or permanent effects of your injuries.
  • Property Damage: This includes compensation for repairs or replacement of your vehicle and other personal property damaged in the accident.
  • Other Financial Losses: You may receive compensation for any other out-of-pocket expenses incurred as a result of the accident.

In Texas, there is no cap on economic damages in most personal injury cases. This means the amount of compensation for economic damages you’re eligible to receive is only restricted by the extent of your financial losses.

Non-economic damages compensate for intangible losses, which are not as easily quantifiable.

Common non-economic damages include:

  • Pain and Suffering: This refers to the physical pain and discomfort, as well as emotional distress, caused by the accident.
  • Loss of Enjoyment of Life: Compensation if your injuries prevent you from enjoying daily activities and hobbies.
  • Mental Anguish: Compensation for psychological impacts such as anxiety, depression, and trauma.
    Loss of Consortium: For the impact on your relationship with your spouse.

Texas law does not impose a cap on non-economic damages in personal injury cases. However, the amount of non-economic compensation awarded depends on the severity of your injuries and the long-term effects.

In cases where the defendant’s actions were particularly reckless or egregious, Texas courts may award punitive damages. These are not tied to the victim’s losses but are intended to punish the wrongdoer and deter similar behavior in the future.

Texas caps punitive damages at the greater of $200,000 or two times the amount of economic damages plus an equal amount of non-economic damages up to $750,000.

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Who Can Be Held Liable in a Car Accident Lawsuit?

In a car accident lawsuit, several parties can potentially be held liable depending on the circumstances surrounding the accident. Here are some of the most common parties that may be held accountable:

  1. Other Drivers: The most obvious party that can be held liable in a car accident lawsuit is the other driver. If they were negligent or reckless, such as by speeding, driving under the influence, or texting while driving, they could be held responsible for the accident.
  2. Vehicle Manufacturers: If a defect in one of the vehicles contributed to the accident, the vehicle manufacturer could be held liable. This could be due to faulty airbags, brakes, tires, or any other part of the vehicle that didn’t perform as it should have.
  3. Parts Manufacturers: Along similar lines, if a part on the vehicle was defective and caused the accident, the manufacturer of that part could be held liable.
  4. Government Entities: Sometimes, poor road conditions contribute to car accidents. In these cases, the government entity responsible for maintaining the road could potentially be held accountable.
  5. Pedestrians or Cyclists: In some cases, pedestrians or cyclists can also contribute to accidents. If they disobey traffic laws or act recklessly, they could share in the liability.

At Braker White, our experienced Odessa car accident lawyers understand what it takes to identify all potential defendants in a car accident lawsuit. We work diligently to ensure every liable party is held accountable, maximizing the compensation our clients receive.

Texas Statute of Limitations in Car Accident Cases

In Texas, the statute of limitations for personal injury cases, including car accidents, is generally two years from the date of the accident.

This means you have two years to file a claim against the responsible party for your injuries and related damages. If you fail to file your lawsuit within this period, Texas courts are likely to refuse to hear your case, and you may lose your right to seek compensation. It’s very important to start preparing to file a personal claim as early as you can.

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Starting your claim as early as possible is important for many reasons, including the following:

  • Preparing a strong case and gathering all necessary evidence can take some time.
  • Early action helps keep details about the accident fresh in your memory and that of any witnesses.
  • Acting promptly allows you to secure physical evidence from the accident scene, like skid marks or vehicle debris, before it disappears.

Exceptions to the Texas Personal Injury Statute of Limitations

There are several exceptions to the two-year statute of limitations in Texas. These can either extend or shorten the time you have to file a lawsuit.

  1. Minor Victims: If a minor is injured in a car accident, the statute of limitations does not begin until they turn 18. This means they have until their 20th birthday to initiate a lawsuit.
  2. Absent Defendant: If the person responsible for the accident leaves the state of Texas after the accident but before a lawsuit can be filed, their absence may not count towards the two-year limit.
  3. Discovery Rule: In some cases, injuries or damages caused by the accident may not be immediately apparent. Texas law allows the statute of limitations to start from the date the injury was discovered or should have been discovered with reasonable diligence. Keeping an organized record of medical documents can help prove the date you discovered an injury.
  4. Wrongful Death: If the car accident results in death, the statute of limitations for filing a wrongful death claim is typically two years from the date of the person’s death, which may be different from the date of the accident.
  5. Government Entities: If your claim is against a government entity in Texas (such as a city or state department), there are different notice requirements and a shorter timeframe to file a claim.

What To Do Immediately After a Car Accident

Here’s what you should do immediately after a car accident:

  1. Ensure Safety: Move to a safe area if possible. If you’re able, check if anyone else is injured.
  2. Call 911: Report the accident to the police, especially if there are injuries or significant property damage. Work with first responders to make sure everyone’s health and well-being are being tended to. This includes your own health and well-being–even if you feel fine, it’s important to get checked by a medical professional.
  3. Exchange Information: Get the names, contact information, insurance details, and vehicle information from all parties involved.
  4. Document the Scene: Take pictures and videos of the accident scene, including the vehicles, any injuries, and the accident surroundings.
  5. Begin Filing a Car Accident Claim: Learn more about how to file a car accident claim from our step-by-step guide on the car accident claims process.

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Most Common Causes of Texas Car Accidents

Texas roads witness a high frequency of car accidents, often leading to serious injuries. The most prevalent causes include:

  • Distracted Driving: The top contributor to car accidents in Texas, distracted driving encompasses texting, eating, or any activity diverting attention from the road.
  • Speeding: Exceeding speed limits or driving too fast for conditions is a major cause of accidents, leading to reduced reaction time and increased severity of crashes.
  • Drunk Driving: Despite strict laws, drunk driving remains a critical problem, significantly impairing the judgment and reaction times of drivers.
  • Weather Conditions: Texas’s diverse weather, from heavy rains to fog, often contributes to accidents by reducing visibility and road traction.
  • Running Red Lights and Stop Signs: Disobeying traffic signals is a common cause of intersection accidents, often leading to severe side-impact collisions.

Staying informed and cautious can help mitigate these risks, ensuring safer travels on Texas roads.

Most Common Injuries in Car Accidents

Car accidents can cause a wide variety of injuries. The most common injuries in car accidents include:

  • Whiplash: Whiplash happens when your head moves back and forth very quickly, leading to muscle and ligament injuries in your neck. Whiplash is common in hard rear-end impacts.
  • Head Injuries: When your head moves back and forth very quickly during an accident, it’s also common to hit your head on something (window, airbag, steering wheel, etc.). Such impacts to your head can cause concussion or other serious brain injury.
  • Broken Bones: Arms, legs, and ribs can break relatively easily in heavy-impact car accidents.
  • Cuts and Bruises: Cuts and bruises are often minor injuries in car accidents but can be severe as well. Sharp pieces of broken glass or metal can cut through skin, while seat belts and airbags can leave bruises.
  • Back & Spine Injuries: These tend to be very serious injuries caused by harder impacts. Back and spine injuries can have long-lasting or sometimes permanent effects that may change how you live your life. With injuries leading to lasting effects, it’s very important to be fairly compensated.

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How Our Odessa Car Accident Attorneys Can Help

If you’ve been injured in a car accident in West Texas, our Odessa car accident injury attorneys are here to guide you through the legal process, fight for fair compensation on your behalf, and provide you with as much peace of mind as we can during this difficult time. When you work with our car accident attorneys, you can expect:

  • Experienced Legal Advice: We provide clear, understandable legal guidance tailored to your situation.
  • Handling Insurance Claims: Our team skillfully navigates complex insurance processes, ensuring you get the compensation you deserve.
  • Investigating the Accident: We thoroughly investigate to establish facts, gathering evidence to support your claim.
  • Negotiating Settlements: Our attorneys are skilled in negotiating with insurance companies to secure fair settlements.
    Court Representation: If needed, we’re prepared to represent you in court, advocating fiercely on your behalf.

Our goal is to secure the compensation you need while allowing you to spend your time focusing on recovery. Contact Braker White today for a free case review.

What Comes Next?

Not only do you not have to pay for the legal advice we provide in your initial case review, but you don’t even have to get off your sofa. We can do it in person, over the phone, or through a video chat online.

During this consultation, we will review the details of your situation, determine if you have a case and how much it could be worth, and advise you on the next best steps to take to pursue justice after your accident. Contact us for a free case review.

If you have a case and choose to work with us, we get to work immediately building a solid case for your maximum compensation. We will gather all of your medical bills, proof that you cannot work, evidence from the scene of the crash, and everything else we can use to prove that your injuries require the compensation we are demanding and that the other driver’s careless behavior caused all of it.

Our experience handling West Texas collision cases gives us the advantage of knowing how to conduct a thorough investigation and get the right documents in place for your claim.

One of the most daunting aspects of the legal process is also one of the most important—negotiating your settlement with the responsible party’s insurance.

The insurance adjuster will fight hard to get you to sign off on a lowball settlement. We use fierce negotiation strategies to get you the full compensation you deserve. Negotiation is a back-and-forth process that can take quite some time, but rest assured that your Odessa car wreck lawyer will fight for your rights every step of the way.

We will keep you as informed and involved as you choose to be the entire time.

It’s very rare for a case to end up in court. A trial isn’t in anyone’s best interests as they are expensive, time-consuming, and all-or-nothing in their outcomes. The vast majority of cases are resolved out of court through negotiation or even arbitration or mediation when negotiations hit a wall.

That being said, there are times when negotiations do break down entirely. If that happens, we will continue to fight for you every step of the way. Robert White and Greta Braker are real West Texas lawyers who care about their clients like family and will fight to protect your rights and seek the compensation you deserve.

Car Accident Injury Law FAQs

Every injury case in every state has different time limits for taking legal action. For this reason, it’s vitally important that you speak with an attorney as soon as possible after your accident.

Legally, you’re free to represent yourself. However, having an experienced Odessa, TX, car accident lawyer on your side will give you the best shot at receiving the money you deserve. An attorney can also take the stress of the legal process off your shoulders so you can focus on recovering from your injuries. Navigating the legal process isn’t easy, but Braker White has helped countless injured individuals across the Midland-Odessa area get the justice and compensation they needed to move forward after their car accidents.

There’s no one-size-fits-all answer to this question but, in general, you probably won’t have to go to court. Most cases are solved through negotiation, which is better for all involved. Sometimes, however, negotiations stall or the insurance company refuses to offer a fair amount and a trial becomes necessary. In the negotiation stage and the courtroom, Braker White will fight hard to get you justice every step of the way.

We work on a contingency basis. This means there are no hidden fees, no upfront fees, and no fees whatsoever unless we win money for you. If we’re unsuccessful, there’s no cost at all. You have nothing to lose and everything to gain by contacting Braker White.

Every case is different, so it’s impossible to give a blanket answer to how much your case may be worth. If you’ve been hurt in a car accident that wasn’t your fault, you may be entitled to money to cover losses, such as your medical bills, pain and suffering, lost wages, loss of comfort and enjoyment of life, emotional trauma, and more. Braker White can review the facts of your accident and determine the true value of your case.

It’s best not to speak with the insurance company yourself. Insurance companies aren’t on your side; they’re trying to reduce their own financial responsibility by getting you to admit fault or accept less than you deserve. If they call, tell them they can talk to the attorneys at Braker White.

If you are partially at fault for your accident, the amount of compensation you are able to seek may be reduced. Texas has a modified comparative negligence law, meaning you are assigned a percentage of fault for the accident, and your compensation is reduced by that amount. For example, suppose you were rear-ended by another vehicle but had a broken taillight. In that case, it could be argued that the other driver wasn’t aware you were slowing down and didn’t have time to brake. In this situation, the court may assign the other driver a fault of 80%, leaving you with 20% of the fault. As a result, your compensation would be reduced by 20%.

When you work with an experienced Odessa, TX, personal injury lawyer at Braker White, you’re working with an attorney dedicated to helping you seek the maximum amount of compensation possible for your losses. Braker White will work hard to help prove you had the lowest amount of responsibility possible for your accident so you can seek the money you deserve.

Pre-existing medical conditions can complicate car accident injury cases. If someone else was at fault for your car accident, they’re still responsible for your injuries. They may even be responsible for worsening your pre-existing condition. That said, your compensation may be reduced because not all of your medical expenses may be directly connected to the accident. If this applies to you, it’s best to hire an experienced attorney at Braker White to help you build the strongest case possible.

Insurance companies won’t pay for medical expenses or other losses until it’s proven that their insured party was at fault, so you need to cover these expenses in the meantime. Several options may be available to help, such as personal injury protection (PIP) coverage. You may also be able to use your health insurance coverage. Keep in mind that you may have to reimburse these insurers if you receive a settlement.

Just like your medical expenses, your lost wages won’t be covered by the insurance company until fault is established. You may be able to use PIP coverage or short- or long-term disability from your employer. These insurers may expect to be reimbursed if you receive a settlement. You should also speak with your employer about additional options, such as paid time off, vacation time, or sick time to help cover your living expenses.

PIP coverage is a type of auto insurance coverage that pays for medical expenses and lost wages for car accident injuries. In Texas, PIP coverage is mandatory coverage for your auto insurance. Still, you have the option to sign a waiver to decline it. The state requires that every driver receive at least $2,500 of PIP coverage, but you can upgrade to $5,000 or $10,000 worth of extra protection.

The simple answer to this is no. The vast majority of car accident settlements come in a lump sum. We will review your case and determine the value of your bills up to this point and use that as a point of reference to decide what costs you might rack up in the future. We’ll then demand a settlement that should cover all of your injuries — past, present, and future. You can’t, however, make the defendant keep paying your bills on an ongoing basis.

Uninsured or underinsured motorist coverage (UM/UIM coverage) is a clause in some insurance policies that kicks in if the other driver’s insurance policy doesn’t cover them for the full amount of your settlement.

For example, your case might be worth $500,000, but if the other driver’s insurance policy only covers them up to $100,000, you might never get the other $400,000 from them. They will technically owe it to you, but if they don’t have it to pay, it’s hard to collect. If you have UIM coverage on your policy, however, your insurance company may pay some of the remaining compensation up to your policy limit. Not everyone has this kind of coverage on their policy, however, and it only comes into play if your insurance policy has it. If you aren’t sure, you can ask your insurance company or let us review your policy. Get in touch with us to get your free case review today.

Every case is unique. In a perfect world, we will review your case and issue a demand letter, and the other side will pay. But this almost never happens. Negotiations can take a very long time. It’s stressful, and we understand that, but we ask for patience. We will fight for you the entire way, and our only goal is to seek the maximum compensation we can for you while resolving the case as quickly as we can. We will also keep you informed, in the loop, and however involved you want to be the entire time.