When you’re involved in a car accident, the legal process that follows can feel overwhelming even with an attorney, especially if it’s your first time navigating a personal injury claim. At Batrice Law Firm, we believe that knowledge is power. With over 40 years of combined experience, a 99% success rate, and more than 20 years serving Austin, our team has helped thousands of injured Texans understand their rights and secure the compensation they deserve.
Whether you’re preparing to meet with an attorney, or simply trying to understand what comes next, there are a few important legal terms you’ll hear again and again. Knowing what they mean will help you make informed decisions and feel more in control of your case.
Here are five essential words you should know before starting a personal injury case after a car accident.
1. Liability
Liability is a legal term that refers to who is responsible, or at fault, for the accident. In a personal injury case, proving liability is the foundation of your entire claim. To secure compensation, you must show that someone else’s actions (or failure to act) caused your injuries.
In a car accident case, liability may involve:
- A driver who was speeding, distracted, or intoxicated
- A commercial vehicle operator who violated safety rules
- A company that failed to maintain its fleet
- A city or entity that didn’t repair unsafe roads
Establishing liability requires evidence such as police reports, witness statements, traffic-camera footage, dashcam video, and expert testimony. At Batrice Law Firm, our attorneys and investigators move quickly to preserve crucial evidence before it disappears, something that gives our clients a major advantage early in the case.
2. Negligence
Negligence means a person failed to act with reasonable care. In personal injury law, showing negligence is key to proving that the at-fault party’s actions directly caused your injuries.
To establish negligence in a Texas car accident case, your attorney must show four things:
- The other party had a duty of care (all drivers have a duty to drive safely).
- They breached that duty (for example, by texting while driving).
- Their breach caused the accident.
- You suffered damages as a result.
Negligence isn’t always obvious. Sometimes both drivers share responsibility, or multiple parties are involved. Texas uses a “modified comparative negligence” rule, meaning you can still recover compensation as long as you are less than 51% at fault. Our attorneys know how to counter insurance companies when they try to unfairly blame victims.
3. Damages
In a personal injury case, damages refer to the losses you suffered because of the accident, both financial and emotional. Damages determine the value of your claim.
Common damages after a car accident include:
- Medical expenses (current and future)
- Lost income and reduced earning ability
- Property damage to your vehicle
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Insurance companies often attempt to minimize the amount of damages they must pay. Our team works with medical experts, economists, and accident reconstruction professionals to fully document your losses and calculate the true value of your case.
4. Claim
A claim is the formal request made to the insurance company for compensation after an accident. This is usually the first step in the personal injury process. Your claim outlines:
- What happened
- Who is at fault
- The injuries you suffered
- The damages you are seeking
Insurance companies are trained to reduce or deny claims whenever possible. Adjusters may pressure you to make statements that can be used against you or try to settle before you know the full extent of your injuries. This is why having a law firm like Batrice Law Firm handle your claim from day one is so important. We protect your rights and ensure all communication goes through us, not you. This ensures your words can not be used against you and you have the time to recover in peace.
5. Settlement
A settlement is an agreement where the at-fault party (usually their insurance company) pays a negotiated amount to resolve your case without going to trial. Most personal injury cases settle out of court, but that doesn’t mean you should accept the first offer.
A strong settlement should cover all past, current, and future losses. At Batrice Law Firm, our 99% settlement success rate demonstrates how effectively we fight for our clients. While we always aim to resolve cases efficiently, we will never accept a lowball offer. If the insurance company won’t negotiate fairly, we’re fully prepared to take your case to trial.
Need Help With a Personal Injury Case in Austin?
If you or a loved one has been injured in a car accident, understanding these terms is a great first step, but you don’t have to navigate the process alone. Batrice Law Firm is here to stand up for you and make sure you’re treated fairly every step of the way.Ready to talk to an attorney? Call for a free consultation at 512-600-1000.
