San Antonio Car Accident Attorney

Michael Grossman from Grossman Law Offices Explains the Basics of Car Accident Law

Most all of us get involved in a car accident at some point in our lives. These accidents, of course, may vary from a simple fender-bender to a horrific wreck causing serious injuries.

Regardless of the severity of the accident, you should act quickly to preserve all your legal rights. San Antonio accident attorney Michael Grossman will explain in this brief article what you should do after being involved in a car crash.

Winning Your Case

It is up to the victim in car accident cases to prove his case. In other words, the burden of proof lies on the plaintiff; the defendant is presumed to be innocent until that point and the victim will not be entitled to any compensation until he or she proves that the defendant is responsible for thye plaintiff’s injuries.

The plaintiff must first prove that the defendant violated … or breached …. the level of care that the defendant owed to the victim. As drivers, we all owe each other the level of care to drive in a safe and responsible manner in order not to injure each other. If, even for a second, a motorist drives as a reasonable person would not drive, then that driver is said to have broken his duty of care. Example: A motorist drives recklessly, running through red lights; he has breached his or her duty of care.

The accident victim must next prove that the defendant’s breach of his legal duty was directly responsible for the accident leading to his injuries. On some occasions the defendant may try to claim that other parties caused the accident. In order to mitigate liability, that defendant may say that another driver, a pedestrian or even you were the irresponsible party. A San Antonio accident attorney can assist you in the critically important job of proving the defendant’s liability.

Next the victim must be able to show that he suffered damages as a result of the injuries received in the accident. Damages refers to the monetary value that is put on the financial losses that you incurred because of the accident. Damages can include medical bills, care repair costs, wages lost because of hospitalization, the loss of future potential income and emotional pain and suffering. To validate and consequently prove these damages in court the victim will need to accurately substantiate these financial losses.

How Insurance Will Impact Your Case

By law, all Texas drivers must carry auto insurance; in reality, many do not. The consequent presence or absence of an insurance company in your case will have a major impact.

You will be dealing with an insurance company if the other driver was covered with an insurance policy. In this scenario, you know that there is at least some money available should you win your case. The bad news is that you will be going up against a giant corporation whose primary goals are making profits, not looking out for the rights of an injured motorist. At every corner, the insurance company will use it’s virtually unlimited funds to have their lawyers and investigators and adjusters attempt to negate your claim or at least substantially reduce the amount that you seek for settlement.

If the other driver was uninsured then you will undoubtedly end up looking to that driver for your compensation. While you obviously won’t have to contend with the shenanigans of an insurance firm, you will have to deal with the financial status of the defendant. If the other driver were to be insolvent, that means that he would not have the financial resources to compensate you for the amount that you are seeking should you win your claim. If that were to be the case there would be no point in initiating a lawsuit since there would be no possibly of receiving any settlement.

In some cases the defendant may attempt to hide his resources in order to appear to be insolvent and thus escape liability. If you were to suspect this dubious type of behavior occurring, then immediately contact a San Antonio accident attorney. The lawyers at Grossman Law Offices have seen tricks like this many times over the two decades that they have been litigating personal injury cases. They always conduct a full investigation about the defendant, including running a complete and detailed asset check.

Some Signs That You May Need An Attorney On Your Side

While it is never a wise idea to represent yourself if injuries were involved, in some other types of accidents the victim may be able to represent himself or herself. Cases involving only damage to your car would fall under this category. If only physical damages are present, the insurance companies are bound by a set of strict guidelines determing the amounts that they will pay for repairs. Since this is quite regulated, there is little room for the insurance companies to try to reduce your payment or play any games.

If you have been involved in an accident where there were no injuries there are some steps that you should take. Exchange contact info and insurance company info with the other motorist. Have your car towed … or drive it yourself if able … to your mechanic for repairs. The mechanic will bill your insurance company for his work and your insurance company will, in turn, seek reimbursement from the other driver’s insurance company. Once in a while the two insurance companies will dispute who will ultimately be responsible for paying the repair bills; if this happens they generally will be able to resolve this, with no involvement from you, through a process called subrogation. If, however, the repair bill is over $5000 then you will want to retain an attorney.

Cases involving physical injuries are radically different. After these accidents the insurance companies are not bound by any set of regulations and actually can end up paying you nothing. In order to receive a settlement you, as the plaintiff, will need to meet your burden of proof. You should most definitely see a San Antonio accident attorney if you have suffered broken bones, whiplash, head or neck injuries, back injuries or if you have needed to visit a doctor more than once. In these cases involving serious physical injury, having an experienced attorney on your team can make the difference between receiving a large and fair settlement and in receiving nothing at all.

Here is an additional list of signs that also indicate that you should see an attorney:

The other driver is difficult to deal with

If the other driver starts to give you trouble then that may well be a sign that he will make your recovery a specially difficult process. Early indications that this could happen would be his refusal to exchange contact info or insurance company info at the scene of the accident.

You cannot afford to see a doctor or you cannot pay your medical bills

Many people today cannot afford medical insurance while others may discover that their benefits will not cover the costs of medical treatment. Still others may be so concerned about possible financial repercussions that they are reluctant to take time off from work to see a medical professional.

It is, however, critically important both to your legal case and even more importantly to your health that you do see a medical professional after your accident. The attorneys at Grossman Law Offices have worked with many medical professionals over the years and we can help put you in contact with doctors who would take your circumstances into consideration. We also will be able to demonstrate to you that any wages that you lose because of taking time off to see a doctor can be repaid to you later in the settlement by the defendant.

The insurance company attempts to pressure you

Insurance companies will often attempt to have you accept a low-ball offer. They are, after all, in business to make money rather than concern themselves with the rights of an injured victim. A lower settlement will save them money. If you accept this type of offer you will give up permanently your rights to sue the defendant if you discover that your injuries will require more extensive treatment or if they are determined to be long lasting. Never trust an insurance company that tries to have you accept a settlement offer before you have retained an attorney. Always have an attorney review a settlement offer before even considering to accept it.

In addition, it would be wise to retain an attorney if the insurance company takes any of these following actions:

• Bombards you with seemingly endless phone calls and questions
• Tries to coerce you into saying that your injurious are not that serious or even that you caused your own accident yourself
• Repeatedly tries to have you say that you caused your own accident or that you are not that seriously injured
• Does not supply you with a rental car while your car is being
• Presents a settlement offer to you and then tells you things like “that’s the best you are going to get” or “that’s all that you deserve.”
• After telling you that they will pay your medical bills after you submit them, refuses to follow up and do so

You Have A Gut Feeling That Your Case Is Not Being Well Handled

Trust your instincts! If you feel that the insurance company is not handling your case well than probably it is not. You, as the victim, should always remember that the big insurance company is out to make money for themselves and that, therefore, their interests and your interests could not be more diametrically opposite. The whole time that you are diligently preparing and substantiating your claim, the insurance company will be devising ways to negate this claim, or at least to substantially reduce it. If you are concerned about the manner in which your claim is being handled then you should contact a San Antonio accident attorney. The lawyers at Grossman Law Offices are ready to assist you.

How To Chose The Right Attorney For Your Case

There are, admittedly, a lot of law firms out there. You may wonder how you should go about selecting one to represent you. Michael Grossman from Grossman Law Offices has a few suggestions that have worked well in the past. First, he recommends interviewing at least two ot three different attorneys. Secondly, he suggests that you ask each attorney about his experience and background and track record litigating cases similar to yours. Next, he suggests asking each attorney what he or she sees as the relative strengths and weaknesses of your case. Finally, he recommends that you ask each attorney for at least two or three references from former clients who had cases similar to yours. In the end you should select an attorney who has had experience successfully winning cases like yours and one in whom you have complete trust.

Grossman Law Offices has had over 20 years successfully litigating personal injury cases involving automobile accidents. In that period of time we have seen all types of accidents and all types of accident scenarios. We have probably directly handled a case very similar to yours and we have probably already negotiated with the very insurance company against whom you will be battling for your settlement. We take pride in the fact that we personally handle every aspect of your lawsuit, from the start to the finish. Some of the many services that we provide include:

• Accurately and precisely calculating what all your present and future medical costs will total and then submitting a demand to the defense for timely payment before the bills become due.
• Ensuring that all liable parties responsible for your accident have been identified and their roles correctly established.
• Dealing exclusively with the insurance companies so that you will not be bothered by them.
• Handling all the bills and paperwork required in your case so that you may concentrate on getting better and on your own family.
• Locating and preserving all evidence required in your case. This can include photographs, measurements, police reports and witness testimonies.
• Ensuring that you receive proper medical treatment, specially if you thought that you could not afford treatment.
• Capitalizing on our stellar reputation to pressure the giant insurance company into making the highest settlement possible.
• Mediating your case and then taking your case to court if necessary.

Contact Grossman Law Offices today for a free consultation. You may reach us toll-free at 1-855-393-0000. We are available 24 hours a day and will be glad to discuss your case with you and to answer all of your questions.