Harrell Stoebner & Russell PC | Attorneys at Law

Offices Located In Temple And Killeen | Se Habla Español
Call To Schedule A Consultation: 254-935-3036

Harrell Stoebner & Russell PC | Attorneys at Law
Call To Schedule A Consultation: 254-935-3036

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

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Pursuing a settlement after a drunk driving accident

On Behalf of | Feb 23, 2018 | Blog |

Perhaps you were driving home after a long day at work, shuttling children around to extracurricular activities and then running errands. Even so, you remained vigilant and obeyed the traffic laws. Sadly, another driver failed to do the same.

The next thing you knew, you were waking up seeing flashing lights and emergency responders gathered around you, assessing your injuries. As you fully regained consciousness, you began to feel pain and realized you were seriously injured. While in the hospital, doctors told you that you face a long recovery. At some point, you began to consider the financial ramifications of the crash.

Dealing with insurance companies

As the days passed, you discovered that the driver of the vehicle that hit yours was impaired at the time and faces criminal charges in connection with the crash. Whether you just got home or remained in the hospital, an insurance adjuster may have contacted you regarding the accident. He or she offered you a settlement.

In your panic regarding paying your medical bills and losing income while you recover, you may consider taking the settlement. That would more than likely be a mistake since the insurance company probably offered you an amount far less than you need or deserve. Insurance companies don’t make money when they pay out claims, so they often attempt to keep those payouts as small as possible.

The amount may not even cover all of your current medical bills, let alone any medical care you may need in the future. You don’t lose the chance at a settlement by refusing that first offer. Instead, you may want to consider it an opening bid. Before you take another step in this process, you may want to gain a better understanding of your condition and knowing what you may need in the future.

The results of the criminal charges against the other driver

Another consideration revolves around the criminal charges against the other driver who police suspected of impairment at the time of the accident. If that driver pleads guilty, or prosecutors secure a conviction for an offense related to the collision, it provides you with some measure of an advantage in settlement negotiations.

Even so, you may only receive a settlement that equals the maximum amount of coverage the other driver, or you, purchased. This may not be enough to cover your financial losses and other damages. In that event, you may consider filing a personal injury claim in a Texas civil court. Making these determinations may not come easily. You may not know all of the factors you need to consider. For this reason, you may want to consult with an attorney before making any decisions.

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