San Antonio Car Wreck Lawyer

Michael Grossman Discusses the Legal Options Following a Car Wreck and Why You Need a Lawyer's Help

If you drive on a regular basis, eventually you will get into a car accident no matter how safe and cautious you are behind the wheel. While most people have been in car accidents, they don’t know the proper steps to take after the accident or whether or not they should seek legal action to resolve the accident.

Car accidents can range from minor fender benders to catastrophic collisions that total cars and severely injury, occasionally even kill, drivers, passengers and onlookers. You’re likely wondering what steps you should take now if you’ve been injured or a family member has been killed in a car crash.

Victims, also known as plaintiffs from a legal perspective, may have the right to seek restitution for the physical, financial and emotional injuries they have suffered in an accident regardless of how severe or minor the wreck was. Actually obtaining that compensation, on the other hand, is seldom simple, and the specific circumstances of the accident determine the degree of difficulty in resolving the wreck legally. There are certain conditions under which a victim can handle his or her own insurance claim. But for the lion’s share of cases, if a plaintiff plans on receiving full and fair compensation for the harm he or she has sustained, then in most cases the victim is going to need the guidance of a skilled and experienced San Antonio car wreck lawyer. For 20 years, San Antonio car wreck lawyer Michael Grossman and his team of associates at Grossman Law Offices have been handling car accident litigation in Texas, and we know we can help you get the compensation you deserve. First, we want to help you better understand the legal process involved with pursuing compensation after a car accident because we know that only an informed victim can make the right choices to prevail in a car accident case.

Do You Have the Right to File a Claim?

No matter how safe and careful a driver you may be, if you spend enough time behind the wheel, eventually you’re going to get into a wreck. If you’ve been injured in an accident, or heaven forbid, a loved one has been killed, you need to determine whether or not you have the right to pursue compensation for the harm or loss you’ve suffered. As the victim, or plaintiff, you bear the burden for proving that the party to blame for the accident should be held responsible for your injuries – what is known as liability. Your accident must be able to meet four elements in order to have the grounds for a successful lawsuit to recover the monetary value of the injuries you’ve suffered, what is known as damages.

The plaintiff must establish duty, breach, causation and damages to secure restitution for injuries suffered in a car wreck. Here’s a glimpse at each of these essential elements in more depth:

• Duty - The plaintiff must first establish that a duty was owed him or her by the defendant. No matter what the interaction, all individuals owe each other a duty to take reasonable care to provide for each other’s safety. The exact nature of what’s reasonable in the eyes of the law changes depending upon the situation and the parties engaged in the interaction. Where car accidents are concerned, the legal duty usually involves the safe operation of the vehicle – the responsibility of all drivers to operate their vehicle by the rules of the road to provide for the safety of all other drivers, their passengers, and on-lookers.

  Did You Know?

  

  Our San Antonio Texas attorneys have won hundreds of car accident cases. Call us today to discuss your case. 1-855-393-0000

• Breach - After establishing the existence of a legal duty owed by the defendant, the plaintiff then must be able to prove the defendant ignored the required duty – what is known as a breach. Go establish breach in a car accident, the victim must be prepared to prove that the victim drove in a way that a reasonable motorist would not have or failed to drive in the way a reasonable person should have. While many accidents are caused by gross negligence like drunken driving, a defendant might be liable for an accident because of a split-second lack of focus or concentration. Plaintiffs must convince the court of the breach with compelling evidence. Breach can only be established if the jury is convinced by the evidence. In terms of car accidents, breaches most often result from drivers who neglect to adhere to the rules of the road, such as: running stoplights, reckless speeding, driving without headlights at night, or driving while intoxicated.
• Causation - Once duty and breach have been demonstrated, the defendant is legally negligent, but that’s not enough to secure compensation. The plaintiff must also have evidence to make a jury believe the wreck occurred because of the negligent actions or inaction o the defendant. This concept is known as liability. In any given car wreck, multiple, different parties could have caused or contributed to the cause of the accident. Thus, defense attorneys will often try to point the finger in various different directions – at other drivers, the plaintiff, or even pedestrians. To avoid blame, they’ll suggest you were more to blame for the accident than anyone or that the injuries you’ve suffered were the result of a pre-existing condition. The plaintiff must have convincing evidence to establish that his or injuries stemmed from the defendant’s negligent breach.
• Damages - Just because you’ve proven your injuries were caused by the defendant’s negligent breach, that doesn’t mean you’re going to be able to actually get your hands on the compensation you deserve. Moreover, you can’t just name any sum of money and expect the defense to willingly pay it. Your attorney must be able to present proof establishing the fairness of the amount of damages requested. Plaintiff can obtain personal injury damages for medical and repair expenses, lost salary during work missed, pain and suffering, emotional and mental trauma and lost future earning capacity, but only if he or she can prove the value of each loss.
  In addition, you can count on the defendant contesting the amount of damages you request. They almost always argue that the plaintiff is over-valuing the value of his or her injuries and actually should receive far less in damages. To get what you have coming to you, you need a lawyer capable of accurately estimating damages and proving it.
  In terms of many forms of compensation, proving up damages is simple. Medical and repair expenses can be easily demonstrated by producing the bills. On the other hand, how do you put a price on pain and suffering? Moreover, calculating lost future earnings isn’t as easy as multiplying the victim’s current salary by the remainder of years before retirement. With only one shot to ask for damages, the plaintiff must have the guidance of a time and trial-tested San Antonio car wreck lawyer. Only years of experience handling similar cases can teach a lawyer how to correctly consider all of the possibilities when estimating damages – the monetary value of pain and suffering, the chance more medical bills are on the way with additional future treatments, or the effect of possible promotions on future earning capacity. After 20 years in the car accident litigation business, our car wreck attorneys at Grossman Law Offices are confident we have the knowledge to get our clients maximum restitution.

Insured vs. Uninsured Drivers

The state of Texas mandates all drivers must purchase auto insurance, but many people shirk the rules and drive without coverage. How your case is handled depends heavily on whether or not the driver who caused your wreck had insurance.

When both you and the other motorist are insured, then you should have no trouble receiving compensation – but that’s not always the way it works out. In many cases, drivers will have insurance, but the amount covered in their policy is far less than the damages suffered by the plaintiff. Additionally, the insurance company may not approve your claim, even if, you deserve it. Insurance companies are not interested in helping people overcome their injuries, only in generating larger profits. The only way for insurance adjusters to get ahead in their field is by denying claims and impressing their bosses. They will bring in skilled defense attorneys and employ accident recreation specialists to look for any reason at all to deny your claim.

On the other end of the spectrum, you’re in an even bigger predicament if the negligent driver didn’t have insurance coverage at all. Of course, you’re in good shape if you elected to buy a supplemental insurance policy protecting against wrecks with uninsured motorists. If you lack a policy you can replace negotiating with the insurance company and its lawyers with trying to seek compensation from the motorist. If this is the case for you, do you know the meaning of the word solvency? You’d better learn it because your ability to secure compensation depends on it. Solvency refers to a person having assets, and a plaintiff can only successfully sue a defendant who is solvent. What’s the point of suing someone who lacks the financial ability to pay you the damages he or she owes? Even if you can prove the person’s liability, a portion of nothing is nothing. As sad as it may seem, many victims are left shouldering the financial burden for their own injuries after being hurt in an accident with an insolvent driver.

If you have any knowledge of human nature, then you shouldn’t be surprised that some defendants will attempt to fake insolvency and avoid liability by hiding their assets after injuring someone in a car accident. Whenever we take on a case, our San Antonio car wreck lawyers conduct asset checks on potential defendants, verifying in reality their ability to pay damages. If someone is only pretending to be broke, we’ll find out where he or she is stashing his or her holdings and get you the compensation you’re owed.

Red Flags You May Need a Lawyer

If the only thing hurt in your car accident is your vehicle, and the defendant is insured by a reputable company, or you have supplemental insurance against an accident with an uninsured motorist, then you can effectively handle your own case without hiring at attorney. You won’t need a lawyer to get your car fixed because insurance companies must adhere to a rigid schedule of restitution for damaged property. Conversely, there are times when a victim simply must hire a San Antonio car wreck lawyer to get what he or she deserves. Usually, something will come up that will tip you off of the necessity for hiring an attorney, for example:

• You are injured in the accident - If you sustain any bodily injury that requires medical attention as a result of the wreck, then you likely need the help of a lawyer. Insurance companies might not be able to get away with haggling when it comes to property damage, but where injuries are concerned, damages are much more subjective and open to debate. They will argue that the value of your injuries was less than what you claim, and they will attempt to get you to admit liability, allowing them to deny your claim. If you hire an experienced and successful attorney, then the insurance adjusters have more respect for you and your claim. You need to contact Grossman Law Offices or another law firm if you have suffered any type of injury in an accident from broken bones to soft-tissue damage to head injuries.
• The Other Driver Is Being Difficult - Immediately after the accident, if the other driver is causing problems, then those problems are likely to continue moving forward. So, if the other driver refuses to exchange insurance information or tries to convince you not to get the police involved, then you know you need to hire a lawyer.
• The Insurance Company is Pressuring You - Insurance adjusters know most people don’t know what they’re doing when it comes to accident litigation; whereas, the insurance adjusters handle these claims for a living. Therefore, if a victim doesn’t have an attorney, then the insurance adjusters take that as a license to take advantage of them. When the cat’s away, the mice start playing. Moreover, your interests are in direct conflict with those of the insurance company, which is in business to generate profits. If the adjuster can deny your claim or get you to agree to a sub-par settlement, then he or she can save his or her company money and impress the bosses upstairs. These adjusters are extremely crafty, and they know how to ruin an accident victim’s claim. They’ll pretend to be your friend and ask you to answer a few routine questions in order to get the settlement you deserve. Then, they’ll put you on tape answering a litany of questions designed to confuse you into admitting your own liability for the accident or sounding like you are making less of your injuries than they really are. To avoid liability in the state of Texas, an insurance company must only prove that the plaintiff was more than 51 percent liable for the accident. If the insurance adjuster can get the plaintiff to admit partial liability, then they can still greatly reduce the total amount of compensation owed.
  At Grossman Law Offices, our San Antonio car wreck lawyers do our best to prevent our clients from ruining their own cases by preventing them from communicating with the insurance company. Once we’re retained, our attorneys buffer our clients from all interaction with the insurance company, taking all calls from the adjusters. If they want answers on the record, all questions must be funneled through our attorneys first before we discuss with out clients how to respond.
  Another trick clever insurance adjusters will use to hustle inexperienced accident victims is attempting to get them to sign a settlement right off the bat. While it’s true that making an equitable settlement can be mutually beneficial to both the victim and the insurance company, only the presence of a San Antonio car wreck lawyer with a strong reputation can motivate an insurance company to settle fairly. If you’re offered a settlement by the insurance company before you’ve hired a lawyer, then the chances are that the settlement offer does not come close to adequately compensating you. By agreeing to the settlement, you sign away any right to sure for more damages later on. If you don’t know the full extent of your injuries, the insurance company could be playing you for a fool and getting you to accept far less than your injuries are worth.
  The insurance company is counting on the possibility that you’ve missed work due to your injuries and are desperate for any compensation to cover your sizable medical and repair bills. If you need it bad enough, the adjusters know you’ll agree to a sub-par settlement. You wouldn’t be the first victim played for a sucker, but you don’t have to let this happen to you. Before you agree to anything or even communicate with the insurance company, consult with a San Antonio car wreck lawyer. Only an experienced lawyer can differentiate between a fair settlement and a scam.
• You Can’t Afford to Seek Medical Attention, Don’t Have Health Insurance - If you don’t have health insurance, you’re not alone. Hundreds of thousands of people in the San Antonio area can’t foot the pricey bill for a solid HMO or PPO. However, if you don’t have health insurance, then you can’t let that stop you from seeking medical attention after being injured in a car accident. Beyond treating the problem, there are several legal reasons to go see the doctor. First, you want to gather evidence of the injury, and juries love doctors and x-rays. Even more important, if you neglect to seek immediate medical treatment and your condition then gets worse, then the defendant could actually escape all liability because of your inaction.
  Despite the importance of seeking immediate medical assistance, many accident victims still avoid the doctor’s office because they don’t think they can afford it. Grossman Law Offices understands times are tough, and we can likely still help. We can connect you to medical professionals who will take your financial situation into account when setting up a payment plan. In the end, the victim can always secure restitution for all of these medical expenses and any lost wages while seeking treatment with a claim against the defendant.
• You Get a Bad Feeling in Your Stomach About Any Aspect of Your Case - In two decades of handling car accidents, our San Antonio car wreck lawyers come to understand that people should trust their instincts when it comes to dealing with the insurance company. If you get a hunch that something is fishy with your claim, then listen to your heart. You probably need a knowledgeable San Antonio car wreck lawyer safeguarding your interests. Insurance adjusters have been figuring out ways to trick victims for a long time. They know what they’re doing. Contact a lawyer immediately if you experience any of the following pitfalls:
  • The insurance company offers you a settlement before you’ve hired an attorney or the injury and treatment has been diagnosed.
  • The insurance company offers you less than your irreparable vehicle is worth or won’t give pay off your car loan completely.
  • You are denied a rental car by the insurance company. While this may seem harmless, failing to give rental car authorization often means the insurance company has the intention of denying your claim. They may be stalling, as they try to gather evidence against you.
  • The insurance company takes its times responding to your inquiries. Like we mentioned above, if they’re stalling, they’re likely searching for evidence to deny the claim.
  • You are told by the insurance company to submit your bills to receive payment, and then it fails to do so.
  • You are assured by the insurance adjuster that their settlement is “all you deserve,” or “the best you’re going to get.”

If your car is the only thing banged up, and none of these situations matches yours, then you can probably take care of your insurance situation. There is little wiggle room for you to be taken advantage of when it comes to property damage. The process is fairly simple. After you exchange insurance information and report the accident to your insurance company, you get the car taken to a mechanic to be fixed or reported totaled. In most cases, the insurance company will have an agent inspect the damage to assess its value. The mechanic then fixes the vehicle and bills the insurer. After paying the bill, the insurance company contacts the responsible driver’s insurance company for payment. In rare occasions when the two insurance companies dicker about which of them is responsible for the repairs, they settle their differences with legal process called subrogation. You will only require legal representation to protect your interests during subrogation if the damage you sustained was greater than $5,000.

Finding the Right San Antonio Auto Accident Lawyer

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

Look in the Yellow Pages (does anyone still use a Yellow Pages), and you’ll see hundreds of car accident lawyers. However, don’t just close your eyes and stab your forefinger down the page. To best protect your rights, you need the right San Antonio car wreck lawyer. Our advice is to sit down with two or three lawyers before picking out the best one to hire. Discuss the specific details of your accident, and see what each attorney suggests and how well he or she handles his or her response. Not only do you want to get an idea of the skill level of the attorney, but also how well you interact with him or her. Find out how much success each lawyer has had resolving similar cases, and ask to interview some satisfied former clients. Only decide to retain the attorney who has shown knowledge and ability, and whom you feel you can trust.

For the last 20 years, our San Antonio car wreck lawyers at Grossman Law Offices have been helping victims overcome their car accidents. During that span, we’ve done battle with every reputable insurance company in the nation and enabled hundreds of our clients to obtain the compensation they deserve. Since insurance companies know about our strong track record on a firsthand basis, they’re often eager to negotiate a settlement with our clients instead of taking their chances against our attorneys. On the other hand, we get prepare every case with the assumption we’re going to trial, and we never back down from a fight. We’re devoted to doing whatever is best for our clients.

Don’t allow yourself to be pushed around by the insurance company. Hire a skilled San Antonio car wreck lawyer and protect your interests. For a free consultation, you can call Grossman Law Offices at 1-855-393-0000 (toll free). After listening to the details of your accident, our car wreck specialists can give you a better idea of what legal options you have available. If there’s any legal principle you don’t understand, we will explain it, as well as, how we can help you get the compensation you deserve.