Personal injury lawsuits have a bad reputation. After all, many individuals assume that these cases are simply filed frivolously at the slightest provocation. In reality, not every personal injury is worth the time and effort of filing a lawsuit. To determine whether or not you have a case that is worth pursuing, it is wise to take the time to see if it meets a few basic criteria. You should consider the timeliness of the case, the ability to prove the fault of another, and the ability to prove your injury.
If you want to file any sort of suit for a personal injury, you have to make sure that the suit was filed in a timely manner. Every state has a different statute of limitations for personal injury cases, and filing outside of this time period is impossible. Cases are also better if they are filed quickly after the injury occurs. If you file close to the event in question, it is easier to get testimony from those that may have seen the incident and to get the various types of paperwork that might have been filed after the incident occurred.
The best way to tell if you have a good case is to determine whether or not someone else was at fault. Can you show, for example, that the individual could have prevented the accident that he or she caused? Was his or her behavior reckless or negligent? If so, you stand a very good chance of being able to bring a successful action to trial. If you cannot show that your accident was the fault of another, you may have to give up on moving forward with any kind of case.
Perhaps the best way to determine if you have a good personal injury case is the injury itself. You need to prove not only that you were injured, but that the injury sprang from the action at hand. Generally speaking, it is only a good case if the injury actually had a major impact on your life. A sprained finger, for example, will likely not be a reasonable cause of action. If you did have an injury that caused you pain and suffering, you might have a legitimate cause for action.
If you can prove these factors, it is wise to contact an attorney. He or she can help you move forward and get the justice that you deserve. If you cannot, it may not be worth the effort of trying to go to trial.
Our car accident lawyers know that if you or someone you care for has suffered damages in an automobile accident, your first priority is to find a lawyer to get the best possible outcome. Our car accident lawyers recommend interviewing at least three lawyers before settling on one to handle your claim. When you contact a lawyer be sure to ask him about his track record in such proceedings and how often they resolve automobile accident claims. You must also make sure that the lawyer can explain to you the strengths and weaknesses of your claim. You may also ask if he is able to provide a reference such as a former client who had a claim like yours. Choose a lawyer who you can trust, that is responsible, and is knowledgeable in settling claims or trying automobile accident claims in court. More info @ Auto accident attorneys San Antonio
You may need a car accident lawyer. Our Law Office has been handling these types of cases for over twenty years and has extensive experience getting positive results. Our opponents have included almost all of the automobile insurance firms in the country and our firm has won many verdicts and just settlements. When our firm chooses to take a case, our firm offers our attention to each claim and takes in every part of the judicial process so that our customers can return to their normal lives. Here is a list of some of the services our firm offers our clients in handling automobile accident claims:
Participate in alternative dispute resolution for cases when available.
Handling telephone calls and documents related to the requests of our clients.
Responding to discovery requests and sending the same to the defendant.
On the basis of our reputation for achieving positive results, our firm brings pressure on the defendants in settlement negotiations and solicitations.
Careful calculation of damages.
Undertaking investigations needed to prepare compelling trial strategies.
Examine each wreck thoroughly to determine the cause of the wreck.
Make sure that our clients receive the health care they need.
Collection of physical evidence, including witness statements, the results of forensic tests, measurements, photographs, police reports, and others as needed or helpful to customers to show their claim.
Identifying all the resources of defendants to enable fair compensation.
After you have been involved in an automobile accident, do not hand your claim to an inexperienced lawyer. Contact a knowledgeable car accident lawyer from our Law Office. Let our experience and reputation work for you. Our firm is always available to answer your questions and actively listen to you and help you know your options.
There are hundreds of thousands of auto accidents that occur on the road every year and this is one of the most serious concerns of courts today. Because of the amount of suffering associated with these damages, there has been a long history of courts awarding damages in auto accident lawsuits. If you are a victim of an auto accident lawsuit then you have every right to seek all possible damages under the Texas laws in order to maintain quality of life. An accident on the road can change your life in an instant and this will require extensive medical bills and suffering. 
If you are in this position and you need help then you should look into hiring the right attorney for the case. Courts have historically awarded a large amount of damages to victims of auto accidents in accordance with Texas law including compensatory damages, comparative fault, and punitive damages. When an accident occurs on the road one person is determined to be responsible for the accident and the other person is determined to be the victim. It is the right of the victim to seek all damages and financial compensation possible in order to reduce suffering resulting from the accident. More on this website
If you need to know what damages to seek in your case you should know these different types. Compensatory damages are the actual damages that have resulted from the accident. An example of this would be damage to your vehicle when the crash occurred and also the resulting medical bills. This is the most important type of damages because they account for any damages that were caused as a result of this auto accident.
Comparative fault damages occur in cases where the crash is determined to be a shared responsibility. If both parties are responsible for the crash then they will both share the financial burden caused by the accident. This can benefit someone in a crash hoping to recover a percentage of damages that they would otherwise be responsible for paying on their own.
Punitive damages can also be recovered in cases where willful misconduct is determined. If the auto crashed if the responsibility of the other driver and resulted from this misconduct. These damages are awarded to the victim in addition to the actual damages suffered in order to punish the responsible driver for the crash. This is a method that courts commonly use in order to discourage reckless behavior. If you experience an auto crash on the road it is your responsibility to do everything that you can to recover all of the damages that you can. In order to prevent unnecessary stress and suffering as a result of this accident, it is important that you hire the right representation to fight the case on your behalf. Experience is important and there are very few attorneys who have the experience required in order to get you all of the money that you deserve. If you hope to obtain all of the possible types of damages then you need the hire the best, who will have your best interests in mind.
Most people are well familiar with the dangers of driving while intoxicated but driving while distracted has potential consequences that are just as dangerous. And while you may be more likely to encounter a drunk driver during certain times of the day, a distracted driver can disrupt your life at any time.
Basically, distracted driving is inattentive driving, often as a result of talking on a cell phone, texting, engaging in conversations with passengers, “zoning out” while driving (a common problem with tired drivers or drivers who travel long distances without taking adequate breaks), or paying too much attention to onboard entertainment. More here on this website
GHSA Report
The Governors Highway Safety Association (“GHSA”) released its report Distracted Driving: What Research Shows and What States Can Do. Among the findings:
Distractions affect driving performance.
Drivers frequently are distracted, perhaps as much as half the time.
Distractions are estimated to be associated with 15 to 25 percent of crashes at all levels.
Texting likely increases crash risk more than cell phone use. [1]
Based on existing research, the report urges states to:
Use low-cost engineering solutions such as edge line and centerline rumble stripes to alert motorists who may drift.
Record distracted driving in crash reports.
Evaluate other distracted driving laws and programs. [2]
The report further urges states to consider the following:
Enacting a texting ban for all drivers and a complete cell phone ban for new drivers; and/or
Enforcing all existing cell phone and texting laws. [3]
Dangers of Texting While Driving
Generally, there are three broad categories of distracted driving:
Manual – taking your hands off the wheel;
Visual – taking your eyes off the road; and
Cognitive – taking your mind off driving.
TEXTING IS ALL THREE DISTRACTIONS TYPES IN ONE. The potential dangers cannot be overstated. A text message averages 4.6 seconds; at 55 miles per hour, that’s 100 yards (the length of a football field) of driving blind![4] More on this website
Survey of Current Cell Phone and Texting Laws
Texas currently has state laws in place that restrict cell phone use in certain circumstances. The following is a brief summary of the state’s current laws:
Texas
Ban on all cell phone use (handheld and hands-free) for bus drivers
Ban on all cell phones (handheld and hands-free) for novice drivers
Ban on texting for all drivers
Ban on texting for bus drivers
Bans all drivers from using phones and text messaging in school zones[5]
Our Commitment
At our Law Office, we are dedicated to pursuing the rights of victims of distracted drivers. Towards that end, we bring a commitment to staying as current as possible on relevant authorities, including changes in the law and scientific studies on distracted driving. If you or a loved one have been injured as a result of the negligence of a distracted driver, call us today for a free consultation with a dedicated Texas auto accident lawyer.
This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
After hearing about your car accident injuries caused by a careless driver, your friends or family will probably tell you that you should sue for damages. You want to, but you aren’t sure if you have a valid claim. You may wonder, “Do I have a case?”
In order to answer this question, you will need to learn the basic law regarding car accidents and know what you could be entitled to, based on the particular circumstances of your case. You must also gather several forms of information regarding your car accident.
You are probably in a great deal of pain from your injuries and anxious about your medical bills. Or perhaps you are grieving a loved one who is suffering due to car accident injuries. Perhaps you have lost a loved one.
It is at this point that you need an appointment with a qualified personal injury attorney.
Give us a call toll-free or email us to talk to one of our experienced car accident lawyers.
One of the most important steps to take after your car accident is collecting all relevant information related to your car accident. A police report is a vital document. Document the names of the officers who responded to the accident.
Additionally, talk to individuals at the accident scene such as witnesses or passengers who may be able to provide additional information and fill in any gaps.
Hold onto all paperwork related to medical treatment. Keep a detailed log of all treatments and procedures as a result of the accident. Remember the names of every doctor you speak with, even doctors who simply refer you to someone else.
Keeping a journal is also highly recommended. Record any days you missed from work and document all of the ways your daily life has been disrupted because of the accident.
Negligence is the core legal theory on car accident lawsuits. The law presumes that every driver has a duty to drive with reasonable care. A driver who fails in this duty and causes harm or injury to someone else is negligent and can be held legally responsible.
For example, a driver has a legal duty to obey traffic signals. If a driver fails to stop at a red light, the driver has breached this duty. If the driver’s vehicle strikes your vehicle, causing you injuries and perhaps vehicle damage, there is a good chance a jury would determine that the other driver was negligent.
Since a negligent driver is legally required to compensate you for the injuries you suffered, you may have a valid case.
You may feel as though your accident and injuries were caused by another driver’s negligence, but you still aren’t sure if you have a case. You want assurance from someone with the proper skills and knowledge before you file a lawsuit.
If you suspect that negligence caused your injuries, it is time to speak with a capable and compassionate personal injury attorney who can vigorously advocate on your behalf. It is minimal or no cost for an initial appointment, and the attorney will provide an honest assessment of your circumstances and your chance for success.
Call us toll-free or email us today to make an appointment with one of our car accident lawyers to discuss your accident and potential claim.
Even a small auto accident can escalate into a huge problem, but these can grow even bigger when a teenager is driving. The attorneys at our Law Firm are especially sensitive to the complications that present with a teen driver accident. If you or your teenager were injured or killed, our approach is to fight your case fiercely but compassionately.
When a teen driver is involved in an accident, it is likely that he/she will be presumed to be at fault, at least by the other driver. Not because they were at fault, but because teens have a reputation for inexperience, distracted driving, and reckless driving. Statistically, the younger and less experienced the driver, the greater the risk of accidents. More on this website
The teen driver’s age alone might tempt another driver to try to blame the teen or to at least diminish or hide his own contribution to the cause of the accident. People are too ready to believe the teen driver caused the problem, not realizing that statistics showing the percent, or portion of accidents caused by teen drivers are also showing the percent of teens who have NOT caused accidents.
The fault should not be implied; it must be proven. If you are the teen in question, and you were not at fault, we will work diligently to protect you and your rights and will make sure that you are shown to be among those teens statistically not at fault.
There is a long list of dos and don’ts on what to do at the scene of an auto accident. We advise drivers to say as little as possible and never admit fault or even hint that they might be at fault. A simple statement admitting that you did not see something, or that you were not hurt, could come back to haunt you later. Be sure to read our list of steps to take for more details as this will help protect your rights. More information on this site @ https://www.accident-lawyers-dallas.com/car-accident-attorneys
The attorneys at our Law Firm will make sure that a thorough investigation is done to discover all of the facts, including witness interviews, record reviews, analysis of procedures to be sure the report was handled impartially, scene investigation, examination of photos or video that may be available, examination of medical records and history of all drivers, just to mention a few of the pertinent facts.
For a no-cost consultation with an accident attorney who cares about your case, please contact the experienced Texas-based auto accident attorneys at our Law Firm
Scenarios that Will Quickly Tell You If You Need an Experienced Local Auto Accident Attorney
A red car and one black crash in an accident
The insurance company offers you a settlement before the full extent of your medical treatment is established.
The insurance company offers you less money than what’s due on your car loan.
The insurance company doesn’t offer you a rental car while a mechanic is servicing your vehicle.
The insurance company tells you they’ll pay your claim when you submit your bills, but then refuse to do so or keep stalling you when you ask for payment. (an aside, you should NEVER submit original bills, but copies, if the carrier asks for the originals, call a lawyer immediately!).
The insurance company takes too long to respond to your inquiries (this could mean that they’re investigating your claim behind your back and haven’t yet told you they’re not planning to pay your claim).
The insurance company tells you that a settlement offer is “all that you’re entitled to” or “the best you’re going to get.”
If you’re lucky, and none of the above circumstances apply, the odds are pretty good that you can handle your case on your own, without the assistance of a lawyer. Sometimes, car accident victims can successfully protect their rights when they’ve been involved in a wreck, which resulted only in damage to their vehicle. If your car was damaged, but you’re not injured, insurance companies are bound by strict guidelines when it comes to compensating you for damages to your vehicle or its replacement. Since these guidelines give them little wiggle room, insurance companies have fewer opportunities to rip you off when they reimburse you for your repair bills or vehicle replacement. More on this website
If you have been in a car accident in our community, you need to contact an attorney who can give you the best results possible. Our attorneys suggest that you speak with two or three attorneys before deciding on the one to handle your case. When consulting with one, ask about their experience in handling cases similar to yours and make sure to discuss this lawyer’s record in litigating and settling similar car accident cases. Also, ask the attorney to provide you with a few names and contact information or a few former clients with cases similar to yours, and then call them. Do not hire an attorney unless you trust him or her and are confident in their ability to represent you in a way that you are comfortable.
The auto accident attorneys with our Law Firm have been handling car accident insurance claims and litigation for decades. We’ve won favorable verdicts and negotiated fair settlements against nearly every major auto insurer in the state. We know the ropes and have dealt with virtually every insurance company's claims denial. We also know their denials are almost universally without foundation. Insurance companies recognize our name and the reputation that precedes us. Both are very helpful in securing our clients’ fair compensation from these insurers: both the carriers that cover the negligent drivers as well as yours if they balk at honoring your UI/UIM claim. Our business is making sure that you recover as much as possible for your injuries and simplify what, to many, is a complicated and extremely dubious legal process. Below is a list of some of the services that we provide for our clients:
Conducting an in-depth investigation to determine the cause of the car accident: including full asset checks, insurance coverage, and all possible resources that must pay damages.
Gathering evidence, including witness statements, photographs, forensic tests, and police reports necessary to help prove your claims.
Manage your claims process with all affected auto insurers and shield you from the unscrupulous tactics of their adjusters.
Responding to and send discovery requests; we manage ALL the paperwork and phone calls related to your claims.
Fairly and accurately calculate all damages arising from your car accident and prove your fair compensation amount.
Use our hard-won reputation to persuade the defendants into a settlement.
File lawsuits and argue them aggressively to prove your damage case to a jury.
The time after being seriously injured in a car accident is often stressful and confusing to the victims and their families. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your (or your family’s) best interests. We are uniquely qualified and fully prepared to fight for and win the fairest compensation for your total damage claims. If you or someone you know was injured in a car accident, contact an attorney at our Law Firm today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.
An experienced auto accident lawyer with our Law Firm will analyze your case and explain your options so that you will fully understand them. We want to make sure that you recover as much as reasonably possible for your injuries and make this sometimes complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial harm, and get back on the road to recovery.
If you or a loved one have recently been involved in a serious vehicle rollover accident, your tires might have played a part, or even been the cause of the mishap. Because of the injuries and other damages you’ve experienced from this unfortunate event, you have a right to seek fair compensation from any party whose negligence played a role in causing that wreck. Might your tires have been defective either in the way they were designed, constructed, or maintained? If so, then this article about the part tires play in rollover accidents will be of great benefit to you as you consider your legal options. 
Tires are the most vital safety system on your car because they are your first line of defense against the road itself. If a blowout suddenly happens, especially if you are traveling at high speeds, and some sort of tire defect or negligent service work is the culprit, the results can be catastrophic when that tire causes you to lose control. These accidents also endanger the people and the property that is in your uncontrolled path of careening destruction. See more here on this website
Defective tire accidents usually display a different series of characteristics not found in other vehicle mishaps. Tire blowouts and their subsequent rollovers can be quite complicated due to the forensic difficulty and many various factors that can come into play. More than one party could be liable for the injuries (or deaths) to the vehicle’s occupants, and property damage. Compensation will depend on your ability to find and retain the right Texas tire defect attorney who understands all nuances of these contributing elements and how they relate to each other in your accident. When you think about it pragmatically, the only realistic strategy for you to recover fair compensation through a civil action against all responsible defendants involves just such a lawyer.
More expensive legal damages commonly arise in defective tires and blowout wrecks. They usually create serious, even gruesome injuries to their victims. And an unusually large number of deaths are found in defective tire and rollover accidents: more than in any other kind of vehicle wreck, with the possible exception of those involving 18-wheelers.
But it is not unusual to find many denied claims by the involved insurers, which means the numbers of civil actions arising from defective tire/rollover accidents can be high simply because of these denials. Therein lies a problem for the victims since there are so many discrete factors in identifying the causes of defective tire and blowout accidents. These injury cases are very tricky to successfully settle or decide in your favor without a skilled defective tire attorney at your side. Please also visit this website
For decades our Law Firm has helped many victims and their families of defective tire, blowout, or rollover accidents. If you or a loved one has suffered from such an accident, you should call us today to arrange for a free consultation with our team of experienced accident injury lawyers. We are adept at representing victims of wrecks caused by defective tires and blowouts. We can answer any of your questions about the specific details of your case and help you on the road to recovery.
