#Accident Injury Lawyers Corpus Christi – Carabin Shaw

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Truckers Who Cause Wrecks Continue to Injure You Long After the Accident

Truckers Who Cause Wrecks Continue to Injure You Long After the Accident

A lot of opponent interests are at stake after a big rig accident: the drivers, the company the driver works for, the owner of the cargo and the insurance companies that cover all of them all. Since every trucking wreck ends up being a very expensive proposition, your opponents need to have a fall guy. The first one in line is the driver. And most every time, the driver knows this and tries to pass the blame off to you in order to keep his job. You’re a very convenient fall-guy, especially if you’re seriously injured and incapable of defending yourself at the accident scene from what the trucker might say.

This is why it’s never a good idea to trust the truck driver to tell the truth after causing an expensive accident. If the truck driver is found to be liable for an accident, not only will they be fired, it could become very difficult to land a new job after costing his or her previous employer enormous amounts of money in liability claims. Sometimes trucking companies try to get out in front of the blame, especially if investigations determine they must share negligence liability. They’ll fire the driver outright. Then they scurry to distance themselves from their liability by sloughing all of it on the now-dismissed driver in hopes of avoiding respondeat superior.

This also might not be the driver’s first wreck at the wheel of a big rig and he might lose either (or both of) his state trucking driver’s license, or DOT certification. So now this pitiful wretch has to find a new line of work in a down economy. And with high unemployment in the U.S., the temptation for that driver to lie, cheat or behave dishonestly to save their measly job is too great if he wants to keep taking care of his family.

After suffering a serious injury in an 18 wheeler accident in which the driver of the truck claimed that our client was driving with his lights off at night, our investigators quickly examined the scene. They discovered a security camera outside a convenience store that was pointed directly at the highway in front of it parking lot and the accident scene. The video clearly showed our client’s headlights shining brightly. We proved that the truck driver boldly lied. Witnesses and defendants can lie and or shamelessly misrepresent critical facts in trucking accident cases.

Our Law Firm knows how to uncover lies, and replace them with the truth. For decades, we have conducted thousands of commercial truck accident investigations and successfully deposed that many more witnesses to get to the bottom of these cases.

Our Law Firm has decades of successful skill in handling personal injury litigation in 18-wheeler accident claims and cases. If you’ve been seriously injured, or a family member has been killed by one of these trucks, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered, or the wrongful death of your loved one. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. Our experienced accident lawyers can help you win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation to continue your road to total recovery and resume your life. You’re already been victimized once. Don’t let it happen a second time because you waited too long to do the right thing about it.

from Accident Injury Lawyers Corpus Christi – Carabin Shaw https://corpus-christi-auto-accident.com/2020/09/13/truckers-who-cause-wrecks-continue-to-injure-you-long-after-the-accident/

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Signs An Attorney Is Necessary

Signs An Attorney Is Necessary

Usually, for an auto accident victim to make sure he recovers all his case is actually worth, it requires an auto accident lawyer. It’s possible, on occasion, for an accident victim to handle his claim alone without the help of an attorney. The following is a discussion of some of the circumstances in which the likelihood of you making a full recovery will only be possible by seeking the assistance of an auto accident lawyer.

You’ve Experienced Bodily Harm in the Accident:

If you experienced any bodily injuries in your accident, it’s wise to have an attorney handle your claim. If your injuries require more than one or more visits to a physician, you should call an attorney. When a client seeks damages for bodily injuries, insurance companies don’t have to follow predetermined guidelines when deciding how much to compensate you. Legally, they can decide to give you nothing by default, but having an attorney can change the way they perceive your claim. Call our Law Office for assistance if you’ve suffered broken bones, head injuries, back injuries, or any other type of injuries in your wreck.

The Other Driver is Difficult to Deal With:

If the other driver involved in your accident is difficult to deal with either at the scene of the accident or later, it is advisable to call a car accident attorney. If he doesn’t want to give you his contact or insurance information, that could be an early warning sign he wants to make it as hard as possible for you to recover what you deserve. If this occurs, you should seriously consider hiring an attorney.

The Insurance Company Harasses You or Pressures You to Settle:

If you don’t have a lawyer on your side, insurance companies can be very difficult to negotiate with. In essence, insurance companies are out to protect their own interests, and if you’ve been injured, their interests are diametrically opposed to yours. They will utilize adjusters to attempt to discover ways to deny your claims. The adjusters may also call you frequently, asking innocent-sounding questions about your wreck. Their questions may seem well-intentioned, but they are usually always calculated to pry you into saying something detrimental, that could be used against you to deny your claim. They will record whatever you say to them, and this could come back in the future to haunt you.

We’ve found, at our Law Office, the best avenue for our clients to deal with insurance adjusters is simply to not deal with them at all. We won’t permit adjusters to call our clients. Instead, we take those calls from the adjusters. If adjusters don’t have the opportunity to talk with our clients, they don’t have the chance to twist our clients’ words to use them against them.

In other situations, an insurance company may pressure you to settle your claim for less than your claim is actually worth. While accepting a fair settlement offer can be beneficial to an accident victim, accepting an unfair, inadequate settlement can be devastating for your legal rights. If you accept the insurance company’s settlement offer, you waive your right to sue the defendant in the future for more compensation for your injuries. Since the settlement is all you can collect from the defendant, it’s important not to accept an inferior offer, unless you are certain it is fair and complete.

Insurance companies realize accident victims are often struggling with cash flow issues, because of high medical bills, repair bills, and often being unable to work due to their injuries. So they hope if they dangle reduced amounts of quick cash in front of you, you will grasp it eagerly, and thereby relieve them of any future obligation for further liability. Settlements accepted from insurance companies before having an attorney on your side, are seldom fair, but they are in most cases, binding. Don’t allow the defendant to use this tactic to pay less than what your claim is worth. Call our auto accident lawyers to discover what your case is really worth so you will have a comparison to know if the defendant’s offer is fair.

You Can’t Afford a Physician or Pay Your Medical Expenses:

Many people don’t have health insurance and aren’t able to pay for the medical treatment needed after being in an accident. Even if an accident victim has health insurance, his benefits may not cover the medical treatment he requires. Regardless of having health insurance or not, many accident victims are hesitant to get treatment for their injuries because they are afraid they cannot afford to take time from work to see a physician.

Seeing a physician and receiving treatment for your injuries after an accident is critical to your health and your lawsuit. If you already have accumulated medical expenses you can’t pay, or you can’t afford the needed treatment, there’s a good chance our personal injury lawyers can help. We regularly work in collaboration with physicians and healthcare professionals and can put help you contact a physician who will take your financial situation into consideration. We are also able to help many of our clients get medical care at no out-of-pocket expense to them. And we can explain to you how the time taken off from work for medical care may be compensated by your defendant.

You Have Bad Feeling About How Your Claim Is Being Handled:

Trust your instincts or gut reaction if you have a bad feeling about how your case is being handled by the insurance company. Insurance companies are not in business to help individuals. They’re in business to turn a profit. The more creative ways they can create to deny legitimate claims, the more money they’ll make, the better their bottom line looks. If you have a bad feeling, call an attorney, or if any of these circumstances apply:

The insurance company offers you less money than what’s due on your car loan. The insurance company extends you a settlement offer before the full extent of medical treatment you’ll need is known. The insurance company offers to pay your claim when you submit your bills but then refuses to do so. The insurance company fails to offer you a rental car while your vehicle is being serviced by a mechanic. The insurance company claims their settlement offer is “all you’re entitled to” or “the most you can hope to get”. The insurance company takes extremely long to respond to your inquiries (usually this signifies they are investigating the claims behind your back). If none of those circumstances apply, you possibly can handle your case on your own, without the assistance of an attorney. Sometimes, if a plaintiff has been involved in an accident which resulted in property damage only, they have succeeded in protecting their own rights. If your automobile was damaged, but you are fine, insurance companies are restricted by strict guidelines that delineate what they have to pay you to compensate for the damage to the automobile. Insurance companies have little opportunity to rip you off when they reimburse you for repair bills because these guidelines are so limiting.

If you were in an accident where the car alone has been damaged, take down the contact and insurance information of the other driver and then drive your car or have it towed to a repair shop. The mechanic will bill directly your insurance company and then the insurance company will reimburse or pay him. Then your insurance company will look to the other driver’s insurance company for reimbursement. Sometimes a conflict surfaces between the two insurance companies over which one should ultimately be responsible for the expenses. Often they settle their disagreements with no involvement from you through a process termed subrogation. However, if the damage to your vehicle exceeds $5,000, you may need an attorney to represent you if the insurance companies are indecisive about who is to pay.

from Accident Injury Lawyers Corpus Christi – Carabin Shaw https://corpus-christi-auto-accident.com/2020/08/17/signs-an-attorney-is-necessary/

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There are Three Required Ingredients That Make up a Successful Personal Injury Case

There are Three Required Ingredients That Make up a Successful Personal Injury Case

When it comes to successfully litigating personal injury cases the elements that must exist in order to win damage compensation are very clear. The first aspect is a liability, either through negligence or another violation of legal duty. Second are damages to the victim or the victim’s estate if there is a wrongful death. And finally, you must have a solvent defendant who can be made to pay the damages owed to you.

A more detailed explanation of these elements would include:

Liability: Once a defendant has violated their legal responsibility (or “duty”) to another person and caused that person some sort of tangible harm, it is grounds for some liability, either a percentage of responsibility along with other defendants or complete liability if that person or entity is the only responsible defendant. In the eyes of the law, they are responsible for any damages incurred by the plaintiff in proportion to their involvement in the harm suffered by that injured plaintiff (or surviving family members in case of wrongful death). The main situation in which a defendant breaches their legal duty towards a plaintiff is through negligence, which is primarily considered irresponsible or brash actions, that have caused an “accident.” And negligence can assume many shapes and forms.

It’s easiest to think of negligence as the means to the end, or to the method through which the violation of the legal duty occurred. And there are degrees of that negligence. The most common form of negligence is simply not paying attention. And there are many ways that can happen; most of them having to do with carelessness or inattention by the defendant to what is going on.

But when “gross negligence” breaches the defendant’s legal duty, then it is not a careless accident but is legally referred to as “willful intent.” A defendant who caused the injury through gross negligence has behaved in a way he or she was aware could likely result in some kind of harm, such as drinking and driving. But he or she just didn’t care. On a different note, “intentional or deliberate torts” (a tort is a legal term for the violation of a legal duty) are constituted by intentionally inflicting trauma on another human being, including assault or other criminal acts against other people. This brief explanation should illustrate to you how negligence is often the most common form of violations against others’ legal rights to not be harmed. However, it doesn’t alter the fact that the victim/plaintiff must prove negligence or some other form of defendant disregard of their legal duty to not harm them and that was the cause of the plaintiff’s injuries for which the defendant is liable.

Damages: This is a legal term that sums up all monetary losses that the plaintiff has a right to claim in his or her personal injury lawsuit because of the defendant’s negligence. Damages do not exclusively refer to the specific injuries to the victim. It encompasses all of the harm done to the plaintiff from a financial perspective: the entire value of their case, as opposed to just the value of the plaintiff’s physical injuries. In an instance where the victim broke a leg or suffered burns, the fracture or the burns are the injuries. The legal damages would be any monetary costs and, or, losses that result from the injury. Damages will either fall into the category of either General or Special.

General damages are of those which are viewed as non-economic. This makes them much more subjective and necessitates that they are handled and presented very carefully to a jury in order for you to have the best chances of winning your civil trial. They must be realistic and not excessive as the amount for damages can be argued in court and adjusted if they are deemed to be greater than normal. And having to backtrack on the number of damages you are asking might have a negative effect on your case. Some common examples of General Damages include:

Pain and suffering. Disfigurement. Loss of consortium (or partnership), this can be classified as either a professional or marital partnership, and if a family member is also involved in business, it can include both. Emotional distress. Physical disability (either short-term, long-term or permanent). Because of the subjectivity of these damages, a clear and effective justification of your general damage suffering, and the degree that you sustained them, is a vital aspect of filing (and winning) a personal injury claim. General damages and the amount awarded for them differ with every case, even if the injuries may appear to be alike.

To better understand the subjectivity of general damages, imagine that two victims are in a blowout accident caused by defective tires where the vehicle rolled over and exploded. Both were badly burned. But one plaintiff was unconscious during the explosion. And though he suffered horrible burns, in his unconscious state he was not alert to experience the pain as it happened. But the other plaintiff was just as badly burned and was fully alert enough to experience the full and terrible agony at the time of being burned. So even though both of these victims may end up with similar injuries and medical expenses, each experienced a different level of pain and suffering. So it is quite likely that the monetary damages each victim is entitled-to would be different.

Hopefully, you better-understand why every accident will be different from the next and you should get a personal injury lawyer to help you correctly establish the reasonable and proper amount of damages to demand, based on the details of your suffering in addition to the injuries themselves.

Special damages involve the actual economic cost of your accident, which makes them much more objective because the amounts are generally easy to assess, although this may not always be the case. In the event where the resulting injuries are absolutely disastrous to the victim’s state of well-being, the plaintiff’s attorney might not be capable of determining how much longer their client will live. Or your treating physicians might not yet know how long it will take before you are completely recovered. These are two examples of the difficulty in determining with any accuracy, the value of lost future income. Just using previous salary earnings is not always a good indicator either. What might the injured plaintiff expect to earn through future promotions, or leaving that job to take a better one? Great care must be given to the more technical nature of the victim’s earning potential, like changes in the job description, pursuing higher education levels or more specialized certification. All of these variables and others could inevitably lead to a higher pay scale throughout the years of the plaintiff’s long-term disability.

Some examples of general damages are listed below.

Wages or earning capacity lost. Court costs. Medical costs, incurred in the past and future, including physical, psychological and occupational therapy. Damages to the victim’s property. Since winning compensation from the defendant is proportionate to special damages, it is very crucial to the plaintiff’s recovery for these damages are handled with extreme care because they will most often take the form of monetary expenses previously paid or owed by the plaintiff, or maybe even the defendant if the injury is work-related or the plaintiff has some form of liability insurance to defray these costs; in which case, once the plaintiff wins damages, some of those monies might be owed the insurance carrier who paid those initial medical bills.

All of the damages that the plaintiff claims to have suffered must be accounted for, to the penny. Your local personal injury lawyers at our Texas Law Firm spend a large amount of time on each case to create what is called a demand packet. This is an itemized accounting of all the plaintiff’s damages, which is generally submitted first to the defendant’s insurance company (assuming he has one) along with a request for a specified amount of compensation.

Solvent Defendant: Now that you understand the first two items that are necessary to execute a successful injury lawsuit, we now deal with what is probably the most important element of success in a personal injury lawsuit. You must have a defendant that is financially solvent. This means they have the means to reimburse you. Consider the drivers who accidentally crash their cars while swerving to avoid hitting a homeless person who was jaywalking. There is certainly provable liability and damages to the vehicle. But there is no way to pursue compensation since the homeless person who actually caused the accident has no financial worth with which to pay damages to the injured accident victim. It is unfortunate that some cases involving defendants without monetary resources will leave victims hurt and their property damaged; with no way to seek compensation for the damages they have suffered.

Identifying solvent defendants is a critical area where an experienced attorney can greatly assist you in getting the financial justice you deserve. While many individuals will attempt to evade any financial liability through lack of monetary means, in most cases, they are simply obscuring their worth by trying to hide the money in separate, maybe even offshore, bank accounts, or giving all of their money to their spouse in order to appear worthless: hoping to avoid being sued or falsifying their lack of insurance. We see many insurance falsifiers because some defendants are so afraid their insurance carrier will drop them if they have to pay one more claim.

Regardless of what these defendants might attempt to do to prevent you from finding out the truth, our experienced legal team is quite experienced in identifying all possible monies that defendants may be hiding from you. A financial asset check is the most common way to discover the actual amounts of money they have that defendants try to hide. With few exceptions, once we have lined-up all liable parties to your personal injury, the next step is a very stringent asset check. Luckily for our clients, many of these asset investigations turn up money that the defendant hoped we would never find.

Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim and how much compensation you can secure from your personal injury case. Regardless of how it happened or who is liable, we can answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

from Accident Injury Lawyers Corpus Christi – Carabin Shaw https://corpus-christi-auto-accident.com/2020/06/25/there-are-three-required-ingredients-that-make-up-a-successful-personal-injury-case/