San Antonio Accident Injury Lawyer

San Antonio Accident Injury Lawyer Michael Grossman Explains the Legal Ramifications of Auto Accidents

No matter how safely and carefully you drive, eventually you’re going to get into an accident if you drive regularly. Even though most people have been in some form of car crash, they don’t know what to do if they’ve sustained an injury in the accident.

Car accident is a general term describing a wide range of wrecks – from minor dings to vehicle-destroying pile ups that cause serious injuries and even fatalities. If you’ve suffered an injury in a car accident, you’re likely wondering what options you have for recovering compensation.

Known as plaintiffs for legal purposes, victims may be able to pursue restitution for the physical, financial and emotional harm that has been inflicted upon them in a car accident regardless of the severity of the wreck. However, not every accident victim will prevail with the quest for compensation, and success often depends on the specific circumstances of the accident. In some cases, victims can even deal with filing their own insurance claims. On the other hand, most personal injury cases are complex and require the deft tough of a skilled and experienced San Antonio accident injury lawyer if the plaintiff wants to receive full and fair compensation for the harm he or she has suffered. San Antonio accident injury lawyer Michael Grossman and his team of accident experts at Grossman Law Offices have spent the past 20 years resolving car accident litigation in Texas, so we know have the necessary experience and expertise to get you what you deserve. We’ve learned that only a well-informed plaintiff can plot the best course for securing compensation, so we want to inform you about the legal process involved with pursuing compensation after a car wreck.

Do You Have Grounds for a Legitimate Claim?

After suffering injuries in a car wreck, plaintiffs need to figure out whether or not they have the ability to successfully seek restitution. As the injured party, you shoulder the burden of proof for demonstrating that the defendant should be held accountable for the harm you’ve sustained – what is known legally as liability. In order to sustain a successful lawsuit, your accident must be able to meet four elements: duty, breach, causation and damages. Let’s take a look at each of these elements in more detail:

• Duty - First you must prove that the defendant owed you a duty. At all times, all people owe each other the duty of taking reasonable care to provide for each other’s safety. What that reasonable care entails legally changes with the situation and the people involved in it. When it comes to car accident injuries, the legal duty usually entails the driving of the car. The law demands that all drivers operate their cars to provide for the safety of all other drivers, passengers, and pedestrians on the road. That means following the rules of the road at all times.
• Breach - After proving the defendant owed a legal duty to the victim, the plaintiff them must demonstrate a breach – that the defendant neglected the required duty. The victim needs to prove breach in a car accident case by finding evidence to demonstrate that the victim drove unsafely – either operating his or her car in such a way that a reasonable person would not or failing to drive the car in such a way that a reasonable person would. In many cases, defendants commit a breach with a severe infraction of road rules, like driving while intoxicated. However, defendants might also breach duty with a momentary lapse of reason or concentration. When it comes to car wrecks, defendants most often breach duty by ignoring the driving rules of safety, such as: stop signs and lights, speed limits, using headlights at night, or driving only when under the legal limit of intoxication. Evidence is required to convince a jury of a breach, so plaintiffs will need compelling proof.
• Causation - The defendant’s negligence has been established once duty and breach have been proven, but plaintiffs still have more to prove to have a successful case. In order to establish liability, the plaintiff must prove the defendant’s negligence caused the accident. Doing so can be challenging, since many different parties could be to blame for any given car accident. Defense attorneys will take advantage of the possibilities to deflect blame off of their client. They can blame a mechanical defect, another driver, a negligent pedestrian, or even the victim him or herself. In Texas, defendants are not liable for accidents in which the victim was more than 51 percent responsible for the wreck, so defense attorneys will often blame the accident on you. In some cases, they will try to suggest that the victim already had a pre-existing condition that he or she is trying to get the defendant to pay for. To succeed with a claim, you must be able to convince a jury that the defendant’s negligence caused the accident that injured you.
• Damages - Once liability has been established, the plaintiff must be able to prove he or she actually was injured and incurred financial harm as a result of the wreck. Moreover, the plaintiff also carries the burden of proof for demonstrating the equity of the compensation requested in the lawsuit. On top of proving the defendant’s negligence caused your injuries, you must be able to prove the actual financial value of the harm you’ve suffered – this is known as damages. The plaintiff can’t just demand any random pile of cash from the defendant and expect to get it but must be able to present proof convincing the court as to why the amount of damages suggested is fair. Damages can include restitution for medical bills, property damage, lost wages during recovery, emotional and mental trauma, pain and suffering, and lost future earning potential due to long-term debilities.
  With some forms of compensation, proving up damages is relatively easy. By producing bills, a plaintiff can easily prove medical and repair expenses. Other forms of damages are much more open for debate. How can you put a monetary value on pain and suffering? As well, estimating lost earning capacity isn’t as simple as counting up the amount of years before retirement and then multiplying by the victim’s current salary. Plaintiffs only have one chance to prove up damages, so they must have the help of a seasoned and knowledgeable San Antonio accident injury lawyer to get what they deserve.
  No matter how much damages you’re legitimately owed, you can bet the defense will contest the amount of damages requested. They will argue that you deserve less for the harm that has been done to you because you’re inflating the value of your injuries. Not only do you need an attorney who can accurately calculate damages but also prove that estimation to the court. Estimating damages correctly can only be accomplished by compiling years of familiarity with similar cases. That’s the only way that an attorney can learn how to consider all of the intricacies: the financial value of pain and suffering, the effects of inflation and possible promotions on future earning capacity, or the possibility the victim could sustain more medical bills in the future. At Grossman Law Offices, our San Antonio accident injury lawyers have been calculating damages for two decades, so we know how to secure maximum compensation for our clients.

Insured vs. Uninsured Motorists

Despite the mandatory car insurance requirement in the state of Texas, many people still break the law and drive around without insurance. After you’ve been injured in an auto accident, the method by which your case will be handled depends on the insurance status of the motorist who was at fault for the accident.

If both drivers who got into the accident have insurance, then the injured party would no problem securing compensation in a perfect world. Sadly, this isn’t a perfect world. In some instances, the amount of insurance allotted in the responsible driver’s insurance policy will be insufficient to cover the injuries suffered by the victim. As if that’s not bad enough, the insurance company may deny the plaintiff’s claim; even if, that claim is legitimate. Insurance companies exist to make money, not help injured victims. Thus, the way insurance adjusters can catch the eye of their bosses is by denying claims or getting victims to accept less than their claim is worth – all to save the company’s assets. Adjusters will go to great lengths to protect their policies, employing accident recreation experts and legal defense specialists. If the other drive was uninsured, conversely, then you have even bigger problems unless you purchased a supplemental insurance policy safeguarding you in the event of an accident with an uninsured motorist. If you don’t have this coverage, then you will be forced to seek compensation from the uninsured motorist.

Did You Know?

Michael Grossman has been fighting for car accident victims` rights for over 20 years. Call Mike to discuss your case. 1-855-393-0000

Unfortunately, you can only file a successful lawsuit against a defendant who is solvent, meaning he or she has the financial means to pay damages. There’s very little reason for suing someone who can’t pay the compensation he or she owes. Even if all four elements of a successful case can be proven easily, the defendant can’t pay you with nothing. And, guess what? Many people who can’t afford car insurance are also insolvent, so many deserving accident victims are left to bear the financial impact of their injuries alone because they were injured by insolvent and uninsured drivers.

While we’d like to think people are essentially honest, our attorneys have been handling car accident cases for 20 years, and we know differently. After incurring liability in car wrecks, many defendants will hide their assets in an attempt to fake insolvency and shirk responsibility for the harm they’ve caused. Whenever our San Antonio accident injury lawyers are retained for a car accident case, we conduct asset checks on potential defendants and get down to the truth about whether or not they can afford to pay damages. We’ll find out where the defendant is hiding his or her assets if he or she is feigning insolvency, and we’ll make sure you get what you’re owed.

Indicators that You Need the Protection of an Attorney

In many cases, injured accident victims can resolve their own claim – if the only damage was to property, if the defendant is insured by a well-known insurer, or if the victim has supplemental insurance protecting against a wreck with an uninsured motorist. Insurance companies must abide by a strict payment schedule for property damage, so you likely won’t need a San Antonio accident injury lawyer to get your car repaired. However, there are other instances in which you will simply not get what you deserve without a skilled attorney protecting your rights. Fortunately for you, there’s almost always a red flag that pops up, indicating a condition that requires the deft touch of an experienced lawyer, such as:

• You Suffer Injuries in the Wreck - If you must seek medical attention after being injured in a car, then you require the assistance of a San Antonio accident injury lawyer. Injury compensation is much more open for interpretation and debate than property damage, where there is little room for wiggling. The insurance adjusters can contest the value of your injuries, and they will try to trick you into admitting liability so they can refuse your claim or limit the amount they owe you. Insurance adjusters only respect claims made by attorneys with a history of success resolving accident cases. From broken bones, to head injuries, to damaged soft-tissue, you need to contact a successful personal injury lawyer if you have sustained any type of injury in a car wreck.
• The Other Driver Is Being Uncooperative - If the other driver or drivers involved in your wreck are being difficult immediately following the accident, that usually indicates they will continue to cause problems later on. You need to contact a San Antonio accident injury lawyer immediately if the other driver won’t exchange insurance or contact information or is reluctant to involve the police at the accident scene.
• The Insurance Company is Pressuring You - Most people lack the experienced to make the right decisions on their own after suffering injuries in a car accident, and the insurance adjusters, who handle these claims for a living, are counting on this. When victims don’t seek accomplished legal representation, insurance adjusters will try to use this to their advantage and manipulate the victims. As we mentioned earlier, insurance companies are in business to make money, so their interests are in direct conflict with accident victims, who are demanding money from the insurance company. By denying your claim or getting you to agree to less than your claim is worth in a settlement, the adjuster can preserve company assets and help increase profits. That’s how insurance adjusters obtain raises and promotions, so they’re extremely creative in finding ways to negatively affect a victim’s claim. They’ll call you with an amicable attitude and feign as if they’re interested in helping you receive the compensation you deserve. First, they’ll claim that they need to put you on the record answering some routine questions. However, the purpose of these questions is to confuse and obfuscate you into mistakenly admitting that your injuries aren’t that serious or even getting you to admit liability for the accident. If they can prove you were more than 51 percent responsible for the accident, then they avoid liability for the accident and your injuries. Even if the adjuster can only get you to admit partial liability, then they can limit the amount of compensation they owe the victim. If that doesn’t work, many pushy insurance adjusters will try to con inexperienced accident victims into signing a settlement immediately. Only the presence of an experienced and reputable San Antonio accident injury lawyer inspires an insurance company to settle fairly. While it’s often mutually beneficial to settle fairly out of court for both the victim and insurance company, any settlement the insurance company offers before you’ve hired a lawyer is bound to be far less than you’re actually owed for the injuries you’ve suffered. The insurance company wants you to accept the settlement and surrender the right to sue in the future and get what you really deserve. If you accept a settlement before you know the full extent of your injuries, you could be doing tremendous damage to your ability to secure the restitution to which you’re entitled.
  Unfortunately, the insurance company knows that many people desperately need compensation to pay for the medical and repair bills they’ve already been charged, and they may have missed work due to the injuries, making payment difficult. The adjusters are betting that you’ll accept the low-ball settlement because you need it that badly. The insurance companies pull this sort of game all of the time, but you don’t have to allow them to victimize you. You need to hire an attorney and have him or her examine any settlement before you sign it because only an experienced San Antonio accident injury lawyer can tell the difference between a scam and a fair settlement.
  At Grossman Law Offices, our San Antonio accident injury lawyers know all about the tricks that the insurance companies employ, so we do everything in our power to protect our clients. From the moment we’re hired, we take over all communication with the insurance company, buffering our clients from the aggressive adjusters. Our clients can’t damage their cases by saying something they shouldn’t or accepting an inadequate settlement because we won’t let them.
• You Don’t Have Health Insurance or Can’t Afford to Seek Medical Attention - Lacking health insurance isn’t something to be ashamed about. The cost of a decent PPO or HMO can be tremendous, and hundreds of thousands of people in the San Antonio area can’t afford insurance. When you’ve been injured in a car accident, however, you must seek medical attention regardless of whether or not you have health insurance. First, and obviously, you need to treat your injuries, so they get better. But, there are also legal reasons for getting medical attention. By going to the doctor, you’re documenting your injury and gathering evidence that can be used in court. On the other hand, if you don’t seek immediate medical attention and your condition aggravates into something worse, then you could be allowing the defendant or insurance company off the hook for the financial responsibility for the injury because you did not treat it adequately.
  While it’s critically essential to have your injuries treated both medically and legally, many accident victims still choose not to get medical help because of the cost involved. Even though times are tough, Grossman Law Offices can help you get the medical attention you need. We’ve been handling car accident cases for years, so we’ve built relationships with doctors and clinics that will set up a payment plan that takes your financial situation into account. In the end, the plaintiff can file a claim against the defendant to recover any medical expenses or lost wages.
• Any Aspect of Your Case Gives You a Bad Feeling in Your Stomach - When it comes to dealing with the insurance company our San Antonio accident injury lawyers have come to understand after 20 years of handling these cases that people should trust their hunches. If at any time during the claims process you get a feeling that something is not quite right with your claim, then you’re probably right. Pay attention to your sixth sense. If you sense something I awry, then you probably need a time-tested San Antonio accident injury lawyer looking out for your interests. Insurance adjusters know how to trick victims, and you need someone on your side who knows how to protect you. If you run into any of the following problems, contact an attorney:
  • Before you’ve retained a lawyer or your injury has been diagnosed and a treatment plan established, the insurance company offers you a settlement.
  • The insurance company refuses to pay you what your totaled vehicle is worth or what you still owe on the car loan.
  • Your insurance company does not immediately authorize you for a rental car. Although a delay might not seem like a big deal, it likely indicates the insurance company plans to reject your claim. Often times, they’ll just stall as they search for evidence to use against them.
  • The insurance company does not immediately reply to your attempts to contact them. Just like with rental car access, if the insurance company is stalling it’s probably because they’re looking for proof to use against you.
  • The insurance company fails to pay bills you’ve submitted after telling you that they would do so.
  • The insurance adjusters tell you that the offered deal is “all you deserve,” or “the best you’re going to get.”

If your accident does not involve any of these situations and your car is the only thing damaged in the wreck, then you can probably handle your own case. When it comes to property damage, there is very little wiggle room for the insurance company to take advantage of you. Anyone can handle this situation. First, swap insurance information with the other driver and call your insurance company to report the wreck. Then, take the car to a mechanic to be fixed or declared irreparably damaged. Some insurance companies require the vehicle to first be taken to the insurance company to have its damage evaluated before it is fixed. After a mechanic fixes the vehicle, he or she bills ht insurance company, which then pays the bill before seeking compensation from the responsible driver’s insurance provider. If the two insurance companies cannot agree upon who should pay for the property damage, they resort to subrogation – a legal process to settle their differences. Only if the property damage is greater than $5,000, do you need a lawyer to look after your interests during subrogation.

Finding the Right San Antonio Accident Injury Lawyer

Conduct an Internet search, and you’ll find hundreds of San Antonio accident injury lawyers. Randomly picking the first website you hit, however, is a foolish way to pick a lawyer. You need the help of the right San Antonio accident injury lawyer to obtain the compensation you deserve. We suggest that you interview several attorneys before hiring the one that you like the best. You want to find out how well you interact with the lawyer in addition to how skilled the attorney is. Explain the unique details of your accident, and see how well each lawyer deals with explaining how to handle your case. Ask about their history of success with car accident cases, and get a list of former clients to question about the lawyer’s ability and trustworthiness. Only hire an attorney who seems capable, knowledgeable, honest and reliable.

The San Antonio accident injury lawyers at Grossman Law Offices have spent the past 20 years helping car accident victims recover compensation for their injuries. Over the course of that time, we’ve won thousands of cases against every major insurance provider in the land. We’ve taught the insurance companies about our ability repeatedly, so they’re often willing to negotiate with our clients in order to avoid taking our attorneys to court. While settling is usually in the best interest of our clients, we’re always prepared to go to court if necessary. We do whatever is in the best interest of our clients. Don’t allow the insurance company to push you around and scam you out of what you really deserve. Protect your right to compensation by hiring a skilled San Antonio accident injury lawyer. Call Grossman Law Offices at 1-855-393-0000 (toll free) for a free consultation, and explain the details of your accident to one of our car accident specialists. After listening to your story, we can give you an idea of where you stand legally. We’ll also explain any legal concept you don’t understand, and inform you how we can be of assistance in your case.