Fortunately, train accidents are less common than car crashes. They do, however, happen more often than you might think, on a daily basis throughout Texas. The manner in which train crashes are portrayed in movies is different than reality.
On the big screen, a train usually crashes into a vehicle that has stopped in the train's path. In reality, most train accidents occur at night when a motorist actually ruins into the side of a speeding train at a railroad intersection. This happens most often because of poor lighting or because the train neglected to blow its own horn at the crossing.
No matter how your accident was caused, it is probably fair to assume that you incurred some serious injuries as well as financial losses. A motorist is very exposed in the family sedan when compared to the massive size and weight of a speeding train. Consequently, train crash victims are generally allowed it to pursue compensation for the sizable damages they will have suffered. These damages may include medical bills, car repair costs, lost wages because of hospitalization, possible future lost income, as well as compensation for pain and suffering. A train accident attorney is necessary in order to fully compute all of the damages that may be available to you.
It is, however, much more difficult to recover damages from train wrecks than from a car crash, since the process is more arduous with the complex laws governing train crashes. Accordingly, our attorneys and their colleagues have written this informative article to help explain the basics of train wreck litigation and to explain more simply your legal rights in these cases.
Since the injuries caused by a train wreck can be so serious, it is no surprise that the consequent medical bills may also be sky-high. Since this puts the immanent spectra of financial losses in the eyes of the railroad and its insurer, don't be surprised at the type of reaction you, as the victim, will get. They will roll out their best teams of attorneys, insurance adjusters, and accident recreation specialists with one common goal: to negate your claim as much as is possible. Because the insurance company stands to lose so much money their adjusters and lawyers will do whatever they can to attempt to show that your accident was your own fault. Expect these adjusters and attorneys to be ruthless and highly skilled. Without an experienced train accident attorney on your own side, you stand to have a short trial with negative results; this is literally the type of case when having the right attorney can make the difference between receiving a generous settlement and receiving little or no settlement at all.
We should also note that there exists a curious public bias against the victim in these types of crashes. Studies have shown that juries will actually have a slight bias that favors the train. Perhaps this stems from public opinion thinking that an automobile is so much faster and more maneuverable than is a bulky huge train. In any case, when the attorneys at Our Law Office become involved in a train wreck case we gather all the evidence possible at the scene of the accident; this may include witness testimonies, photographs, surveillance videos, measurement, police reports, bits of wreckage ... whatever we think will be helpful in bolstering your case. We then work to build up a strong, well-substantiated case that will simply present the true facts to a jury, in a persuasive and convincing manner. Finally, we go into court well armed and ready to convince the jury that true negligence was at the hands of the train, not with you. 
While a train accident can certainly cause a lot of pain and confusion in your life it does not have to stay that way. The train accident attorneys at our Law Offices have been litigating personal injury cases like this for over 20 years. During that period of time, we have won millions and millions of dollars for our Texas clients from major transportation companies and from their insurance companies. Consequently, these huge insurance companies are only too well aware of our stellar reputation and will often seek to settle out of court rather than face out tenacious and skilled attorneys in front of a jury. This can, of course, be beneficial to you, allowing you to spend less time in the whole legal process and enabling you to receive your settlement more rapidly and thus return more easily to your normal life.
If you or a family member has been injured in a train accident contact our Law Offices today. We are available 24 hours a day. We are pleased to offer a free consultation and we stand by ready to discuss your case with you and to answer all your specific questions.
After a car accident involving you or a loved one, you must protect your legal rights against those who would deny you fair injury compensation. Car accidents are a common occurrence and can be little more than a minor fender bender in a parking lot. But just as often, they can be destructive wrecks that cause devastating injuries and deep scars, physically and psychologically. The lives of the victims and their families are thrown into chaos after a serious auto accident in which they were reluctantly involved.
Personal Injury
After a serious accident involving injuries, you are entitled to seek compensation for the financial, physical, and emotional damages you suffered from the car crash. But without intimate knowledge of your case, it is impossible to compute the amount you may be entitled to. Due to the damages, you have a right to seek compensation depending on the unique circumstances of your case. We’re here to help you understand the need to hire an attorney with successful experience in personal injury if you wish to receive the fairest legal damages. You’re welcome to try and handle this matter on your own if you want or hire your nephew who just passed the bar. What we hope to do is explain some of the basics of auto personal injury cases for you. If you’ve been involved in a little fender-bender with no complications or injuries other than a headache, you can probably handle things on your own, so long as you’re cautious. If you call your auto accident a “car wreck,” we strongly urge you to quickly retain an experienced local auto accident attorney who knows the ropes surrounding Texas car accident litigation.
How do we determine whether or not we have a successful personal injury case against a defendant who should reimburse us for our injuries? All actual accident victims have a legal right to collect damages by proving the four elements of a car accident claim. Since you will be the one asking for compensation, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants who only have to deny and disprove your claim.
There are four elements to proving injuries against a defendant. You must demonstrate your charges are true. They are duty, breach, causation, and damages. A brief overview of each is below:
Duty - The defendant owed you a duty of care to exercise a certain level of caution to ensure that you would not get hurt. Texas Civil Codes and Procedures set the level of duty that a person or organization owes to another depending on the circumstances of the situation that are considered within the relationship of the parties involved at the time. Proving that the defendant owed you at least some duty of care will probably be reasonably uncomplicated since nearly all drivers owe each other the general duty to drive reasonably to keep others safe. Unless there are unusual circumstances, and there are a few, the chances are that a general “reasonable person standard” applies to the defendant (or defendants) in your case.
Breach - In a vast majority of personal injury cases, plaintiffs and their attorneys need to clearly show that the defendant drove in a way that a reasonable person would not have driven. If the defendant in your case drives unreasonably only for the moments immediately leading up to your car wreck, he can be held responsible for the consequences of his negligent actions that caused you harm. Successfully proving that the defendant breached his duty of care is done when you and your attorney present evidence to remove any doubt that what the defendant did (or failed to do reasonably) caused the car wreck. The jurors in your case will consider your charges of the breach along with additional evidence that clearly illustrates the defendant’s actions (and malicious intent if it was present). During their deliberations, they rule the defendant behaved either reasonably or unreasonably. Offenses such as speeding, recklessness, driving at night without headlights, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court.
Causation - You must now demonstrate that the defendant breached his duty of care through negligence. But simply showing that this person might have been negligent isn’t always enough to win your charges that the defendant is responsible for your auto wreck. Because in his attempts to deny causation, a defendant will often argue “unforeseeable circumstances” such as other drivers, pedestrians, or even you, caused the wreck instead. This argument is the last resort for an accident defendant to wiggle out of liability for your injuries. So expect them to swing from the floor and claim anything from a homeless person stepping in their way and forcing them to hit your vehicle, to their toddler threw a bottle of apple juice at the driver. Maybe it happened, perhaps it didn’t. But how do you disprove the defense? It’s up to you and your accident injury lawyer to thwart their excuses, or the happy defendant skips out of the courtroom. So it’s essential to have sufficient evidence to prove any defense that is thrown at you and nail down the defendant’s conduct that seriously hurt you.
Damages - It’s now time to establish the amount of money you are entitled to collect from the defendant and hand him the bill in court. The term “damages” isn’t limited to just your injuries and the bills that must be paid. It refers to the entire monetary value of your injuries (the sum of money) you’ll recover from the defendant if you win your case. Damages often include pain and suffering arising from your injury, present lost wages as a result of it, and loss of future earning capacity if your injury leads to long-term disability. Included, of course, is repair or replacement bills for your auto and any items of worth that were destroyed in the wreck. All these and even more might be available to surviving family members if the victim dies in the wreck. So you’ll need to calculate what you’re owed and provide airtight evidence to support your calculations.
You have your figure and the defendants have theirs (often less than your price tag). Damage amounts are almost always the most contentious issue in a car accident case or insurance claim. Defendants typically argue that they owe you much less than you might claim (if anything at all). They’ll accuse you of asking for a handout and say your requested amount is far higher than traditional payouts. Often the accusation that you’re filing a frivolous lawsuit isn’t far away either. This argument is usually the last stand a negligent defendant makes. So you must clearly show the jury that your requested damage amount is realistic and proportional to the harm done to you and finish your case strongly with clear evidence that proves your losses are the actual total of your damages. More on this website
Accurate determination of damages is as essential as the other three burdens of proof since you have only got one shot to receive compensation from any single defendant. There are no do-overs. But computing every individual loss is a challenge without an experienced auto accident attorney who knows the value of personal injury losses and how to effectively calculate them. How do you accurately represent an intangible loss such as pain and suffering, or that of your child? When calculating the loss of earning capacity, if you are permanently disabled, how do you account for hypothetical raises and promotions you would have earned had you continued to work? Perhaps you would have gotten a promotion or were hired away by another company at double your current salary. How can you calculate how much all of your medical bills will amount to if your treatment is not yet complete, and your doctor can’t tell how long it will last? We at our Texas Law Firm know how to account for and calculate every one of your damages. We make doubly certain that you recover as much as possible from your injuries.
Call us today. One of our accident injury attorneys will patiently listen to you, analyze your case, and explain your options. Our goal is to make sure that you recover as much as possible for your injuries and make this sometimes complicated legal process as easy as possible for you to bear.
The period after a car accident is often stressful and confusing. Don’t add to it and the confusion it creates by letting an inexperienced attorney handle your case or represent yourself when you are unqualified. With decades of experience, we are uniquely qualified and fully prepared to get you the best results possible. If you or someone you know was injured in a car accident, contact an attorney at our Texas Law Firm today for a free consultation and find out how we can help you.
The Texas Workers' Compensation claims process is very complex, especially in cases where the employer denies an injured worker's claim or tries to stop payments after they've begun.
To help injured workers understand the work comp claims process, our firm has provided this general outline of the workers' compensation process.
When you are injured on the job, you are required to report the injury to your employer within 120 days of being injured.
If you fail to report the injury to your employer within 120 days of being injured or within 120 days of learning that you have a work-related disease, you are not able to collect workers' compensation payments and your case ends here. An exception exists for cases involving progressive diseases.
Personal Injury
Under Texas law, employers are required to post a form where it can be seen and read by all employees. This form gives the contact information for the person who handles workers' compensation claims for your company. The form will provide the name, address, and phone number of the person you should contact should you get hurt on the job.
After you properly notify your employer of your injury, your employer must immediately report the injury to its work comp insurance company. The employer must also file a Report of Occupational Injury or Disease with the Bureau of Workers' Compensation within a set time frame. If an injury results in death, the employer is required to file the report with the Bureau within 48 hours.
At this point, the employer will either accept or deny responsibility for your injury. Please choose one of the statements below that best describes your situation:
Injured on the job? Put our experience to work for you
If you don't have a lawyer to help you with your workers' compensation claim, the deck is stacked against you. It is important to know your legal rights if you are injured at work. The lawyers at our firm have been helping injured workers for over 35 years. Let us put this experience to work for you.
Free Worker's Compensation Consultation
Don't have a lawyer to help you with your work injury claim? If you have suffered a work-related injury, you can contact our law firm for a free consultation of your worker's compensation claim by calling our law firm from anywhere in the United States. At our law firm, there is no obligation to use our services and we never charge a fee unless we get money for you. Have question for our Construction accident Attorney - click here
San Antonio Personal Injury Lawyers » “Last Clear Chance” as a Personal Injury Defense
What is the Last Clear Chance Doctrine, and How Can it Affect my Case?
If you have suffered an injury due to the negligent conduct of another party, you may be able to recover for the damages you have suffered. The specific circumstances that led to your injury will determine what must be proven in your cause of action for your theory of recovery to be successful. This is why it is important that you obtain skilled legal representation to ensure that your claim is successful.
As you can imagine, in every lawsuit there will be obstacles that your claim will encounter that may stand in the way of your ability to get the recovery you deserve. There are many defenses available to the party you file suit against. This is even more of an issue if the defendant has an attorney formulating arguments to avoid being held liable for your losses. One of these defenses that could potentially be used against you is the Last Clear Chance Doctrine. However, with an attorney who knows this area of the law fighting for you, your case can defeat these defenses because this doctrine may also be utilized to your advantage. The attorneys at our Law Offices have been handling personal injury cases for over twenty years and have the necessary training and expertise required in these types of lawsuits.
The last clear chance doctrine is a legal concept that is used in certain jurisdictions depending on the model that the particular location uses to evaluate the fault of different parties involved in a lawsuit. It basically allows a plaintiff filing a lawsuit to recover even if they are negligent and contribute to the accident if the defendant had the last opportunity to prevent the accident from occurring.
Although the doctrine is used widely in other jurisdictions, Texas traditionally favors using modified comparative fault in order to draw a broad analysis of fault in an accident. This can be to your advantage because in Texas the fault of both parties is evaluated and then each party will be allotted a percentage of the blame. Texas law permits a plaintiff to recover so long as you were not over 50% responsible for the accident that occurred.
Therefore, there is no need to determine who had the last opportunity to avoid the accident in order to gauge whether or not you may still recover for your losses, as you may recover regardless. This can be difficult to discern depending on the circumstances of the accident that you were involved in.
To illustrate, if there was a car accident and a number of negligent drivers were involved, each driver may be allotted some portion of blame. If you are found to have been negligent then whatever percentage is attributed to you will be deducted from your recovery.
These concepts can be incredibly confusing because of the difficulty that arises when determining the negligence of the parties and ultimately what recovery should be granted. This is why it is so crucial that you obtain an attorney that is familiar with this area of the law and these legal mechanisms and is capable of using them to your advantage. Personal injury cases often involve serious injuries that can result in physical, emotional and financial difficulties. The attorneys at our Law Offices have been litigating personal injury lawsuits for over two decades and are dedicated to ensuring that our clients are satisfied with our legal services. To discuss your potential cause of action, contact us at any time!
If you have been injured in a pedestrian accident, you may be eligible for compensation in a personal injury claim. And while you may be able to settle a small claim on your own, any claim involving serious and substantial injuries should be handled by a pedestrian accident lawyer.
There are several significant benefits to working with an experienced pedestrian accident lawyer, including these 4 advantages:
A pedestrian accident lawyer knows the damages to which you may be entitled - this includes current and future medical expenses, your pain and suffering and any lost wages from work, as well as how to calculate them. In addition, your attorney can negotiate with the insurance company for a fair settlement.
A pedestrian accident lawyer understands your state's negligence laws - this will help in analyzing evidence to defend your best interests throughout the claims process, including any degree of fault on your part that the insurance company will try to claim to reduce or deny the compensation you deserve.
A pedestrian accident lawyer knows the tricks and tactics commonly used by the insurance company - this may include getting you to say or sign something that can drastically reduce the value of your claim.
A pedestrian accident lawyer can take your case to court - if this is necessary, your attorney can argue your case at trial.
While minor injuries can often be easily settled without the help of a lawyer, long-term or permanent injuries can cost you hundreds of thousands of dollars in medical bills alone. Once you accept an offer from the insurance company, you are almost always barred from seeking additional compensation in the future, even if your accident injuries require future surgeries or care.
A pedestrian accident lawyer can make all the difference. You can learn more about the difference a pedestrian accident lawyer can make by visiting our article library.
While you can't predict whether a pedestrian accident in will happen to you or someone you love, you can be sure of your best course of action following an accident: seek medical attention and contact a pedestrian accident lawyer as soon as possible.
Recovering from your injuries after a pedestrian accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Before accepting a settlement offer, contact the Law Offices our office to set up a no-cost consultation with a pedestrian accident lawyer about your case.
San Antonio Personal Injury Lawyers » What to Expect in Your Personal Injury Case
We often find that our clients want to have a good understanding of what to expect in their case. In this article, we’ll walk you through the various aspects of a normal personal injury case
Upset driver After Traffic Accident
Contrary to popular belief, it is not as simple as filing a claim and the defendant voluntarily paying you for your suffering. In fact, most defendants will do anything to avoid paying you a fair amount and your ability to get adequate compensation is based on how well you convince the defendant that a jury would make them pay a large sum of money. All that is done by your attorneys is done for that reason.
The first thing you will do is talk to one of our experienced attorneys here at our Law Offices. You will need to call and speak with our legal staff who will need to ask you a few questions before scheduling an in-office appointment. They will briefly discuss the details of your claim and get a better understanding about how we might specifically be able to help you.
When you come in for your appointment with one of our attorneys they will go over every detail of your injury. We will need to know things like where you were injured, when you sought medical attention, and how your doctor has treated your ailment so far. If you were injured while working, the outcome of your personal injury claim will largely revolve around whether your employer is a subscriber or a nonsubscriber. This relates to the insurance coverage your employer pays for and whether you will be able to recover any damages beyond reimbursement for your actual injuries.
A large portion of personal injury lawsuits are comprised of discovery. Discovery is the legal term for the time period in which both sides uncover and research the facts of your claim. Our attorneys at our law Offices regularly rely on the testimony of expert witnesses to explain the details of your accident and the resulting injuries to a jury. These expert witnesses include expert physicians who will personally examine you and identify your injuries. We cannot fully understand the extent of your damages and how much you should be compensated until we definitively ascertain from a specialist how your injury will affect your short-term and long-term health.
Also, many times the defendant will have insurance companies fighting your claim. These insurance companies frequently hire their own doctors to examine you and your injuries. While this might seem somewhat intrusive, it is necessary so that we may ultimately help you seek justice and receive compensation for your injuries. If at any time you have any questions about the discovery process and how you will be expected to cooperate, our attorneys and legal staff here at our Law Offices are always available to speak with you.
Generally, the actual lawsuit will only last a few days in court. During this time our attorneys must convince the jury that you have been hurt due to the defendant’s negligence and that their action or inaction was the proximate cause of your injuries. Our attorneys at our Law Offices regularly utilize expert witnesses to fully explain the extent of your injuries and exactly how the defendant’s negligence caused your accident.
Often during trial the defense will attempt to introduce evidence and arguments to attack you personally and distract from the actual case at hand. You should be prepared for the defendant’s counsel to attempt using these offensive claims, but also know that this information will generally not be tolerated. Our attorneys are very skilled and experienced in handling personal attacks like these. We will do our best to limit these irrelevant claims and defend your rights in and out of court.
Many personal injury lawsuits are settled outside of court. This is achieved through negotiations between the two parties, mediation, and sometimes arbitration. Our attorneys will do our very best to make sure that you receive a fair and just resolution to your claim. Often times we find that you are greatly benefited from settling out of court instead of dragging out your claim for a potentially longer period of time.
Mediation is a great tool to use in reaching a pre-trial resolution. During this time we will use the evidence we have acquired during the discovery process and we will personally meet with the defendant’s attorneys to discuss your injuries and damages sustained. Our attorneys are very experienced in reaching creative solutions to benefit you and your family in generally a much faster process than if we actually took your case to trial.
Our Law Officers are incredibly qualified to handle your personal injury claim and are very skilled in helping our clients seek the compensation they deserve. Our goal is to help you and your family through this entire process. We will be with you through each step of the way and, with our assistance, your claim can reach a successful resolution and you can be adequately compensated for your damages.
The entire process of filing a personal injury claim can be incredibly complex and sometimes overwhelming for a victim who is unfamiliar with the legal system. The attorneys at our Law Offices understand that the process is likely foreign to you and that is why we would like to help you with your potential claim. We want you to be confident in choosing us to represent you and we want to make sure that your rights are sufficiently represented. We are dedicated to helping you through every step of the trial process and you can call us anytime, day or night, or visit this website
San Antonio Personal Injury Lawyers » How Does a Personal Injury Case Work?
Everybody thinks they know how personal injury cases work, but there are a lot of misconceptions and this article is going to explain specifically how they work without delving too far into complicated legalese.
While personal injury cases are in fact based on law, certain elements of these types of cases are based on what we call common law. Common law is basically judicial law or case law. It is derived from law established by judges through court decisions, which is different than statutes that are developed by legislation. Comparatively, statutes are codified law and they are also used in personal injury lawsuits. Lastly, the basic laws that will also interact with your lawsuit are outlined in the civil practices and remedies code. But certain types of cases draw from other bodies of law as well. For instance, dram shop cases are based on the alcohol and beverage code, workers' compensation cases are based on the labor code and a theory of liability on a truck accident case may be based on the transportation code. As such, to know what you are doing in a personal injury case you have to know all of the laws that apply.
Injury cases are based on holding someone accountable for their negligence. The principle at work is called equity. Equity basically states that you as the injured party should be reimbursed for our losses and put whole again when someone’s wrongdoing causes you damages.
Not every act that someone commits is what we call actionable. That is to say that not everything someone does to harm you will result in a personal injury lawsuit. However, when someone commits an act that we consider to be negligent in nature, that will usually be the genesis of your right to bring a claim against him or her. This right to bring a claim or mechanism by which you bring a claim is what we call a cause of action.
Legally speaking, a cause of action is defined as a set of facts and circumstances that allow you as the plaintiff to file a lawsuit against another party, the defendant. In order to pursue a cause of action you have to allege facts in something called a complaint, which is what will start your lawsuit. Your cause of action is basically the legal theory of recovery you are basing your lawsuit on and the remedies or relief you want the court to grant you against the defendant.
Plaintiff
You, as the party who is filing the lawsuit in a civil cause of action, will be called the plaintiff. The plaintiff is the complainant and is the person who is responsible for initiating the lawsuit. As the plaintiff, you are seeking a legal remedy, which is typically the court issuing some type of order or judgment that is favorable to your circumstances.
Defendant
The defendant will be the person or entity that you are filing your lawsuit against. In a civil lawsuit, they are the party that has to respond to your complaint. If your claim is successful, the defendant will have to pay some financial sum or do some action that the court orders them to do.
Burdens of the Plaintiff
The plaintiff has the obligation to prove to the court that the defendant acted negligently and that their negligent acts were the proximate cause of your injury. Depending on the type of injury that you have suffered and your theory of recovery, you may have different burdens of proof as the plaintiff. Personal injury lawsuits encompass a huge body of law; therefore your burden could be drastically different in a product liability lawsuit as compared to medical malpractice or car accident case. This is one of the many reasons why you absolutely must have an attorney experienced in personal injury law.
Damages
The goal of any personal injury case is to recover compensation for the losses that you have sustained. The various forms of compensation are referred to as damages. Damages commonly sought in personal injury claims include pain and suffering, lost wages, and loss of companionship or household services.
Once you know the extent to which you have been injured and theories of liability with regard to what the defendant did wrong, you will typically file a lawsuit against the defendant. As stated previously, this is simply the means by which you ask the court to hear both sides of the story and determine if an award should be granted. Find more information here
In conclusion, personal injury lawsuits can be difficult to comprehend. However, with an attorney trained in personal injury law your chances of winning your lawsuit and getting the recovery you deserve increase exponentially. The attorneys at our Law Offices have worked with clients in their respective personal injury lawsuits for many decades throughout the state of Texas and the San Antonio area. We are fully equipped and ready to get you the legal relief you deserve. To discuss your potential lawsuit over a free consultation, contact our Law Offices
Legal Information Regarding Personal Injury Cases in San Antonio Texas
If you have suffered an injury due to the negligent conduct of another party, you may be unsure of what a personal injury lawsuit involves or even if you have the ability to pursue legal relief. Our Attorneys have been winning personal injury lawsuits for over twenty years and have the skill and expertise that is necessary to handle these types of cases. If this article doesn’t answer every question you have with regard to your potential personal injury case do not hesitate to contact us.
Frequently Asked Questions
Lawsuits have a negative stigma and some people wish to avoid them because they want to keep their cases out of the public eye. Frankly, the general public’s understanding of what a lawsuit is and how one works is inaccurate. Nevertheless, we typically only have to file suit in 10% or less of our cases. If it comes down to it, we will file suit and litigate, but our winning track record usually allows us to settle the case merely by threatening to file suit.
A personal injury lawsuit is little more than a formalized letter of intent. Whereby we tell the court our client has been injured and we think some person or business is responsible for the injures that you have suffered, and we would like the court to make both parties to come to an agreement.
The amount that a jury awards you is directly proportionate to your pain and suffering and the severity of your injury. If you have a minor or nominal injury you are not likely to be awarded a considerable sum of money. The goal is not to make you rich. The goal is to get you back to the point to where you were prior to the accident, or as the law books state, to “make you whole.”
Literally a lot. We have won in trials, settlements, and arbitrations.
Our firm focuses heavily on car and truck accidents, dram shop and drunk driver accidents, workers comp nonsubscriber injuries, defective drug cases, and a variety of other personal injury cases.
You have the right to access the court system and ask a jury to hear your explanation of events, and then either agree with you that you should be compensated. That’s it. As an injured party you don’t have any inherent right to be compensated. You just have the right to ask a jury to decide if you deserve compensation.
No one owes you compensation for suffering an injury. That’s not how the law works. You have an opportunity to prove to a jury that the defendant should owe you. But if you don’t understand the court system and you don’t understand how to gain leverage over a defendant then it is highly unlikely that you will be able to receive compensation. This is why an attorney is so important. If you don’t know the litany of documents that you are required to file then you can and probably will lose your lawsuit irrespective of the merits of your case by deviating from the required protocol. Attorneys like the ones employed at Our Attorney are not simply along for the ride. We will make your case for you so that you can get the recovery you deserve.
This depends on a variety of factors and that is something that you must discuss with your attorney in detail.
In our many years of practice, we have never once seen this happen. Anything is possible but it is very unlikely.
There are several different courts where you can file your case in that are located in Harris County. There is a district court, a county court, and federal court. The specifics of your case will determine which court is appropriate but they are all suitable venues in most circumstances.
We are paid on a contingency fee basis meaning that our fees are only paid contingent upon us winning your case. If we do not win you don’t pay us. In the event that your case is successful, the amount that you pay is a percentage of the winnings. The bottom line is that you literally do not pay us money unless we win.
Our Approach to Personal Injury Cases
We approach every personal injury case by first familiarizing ourselves with the facts and circumstances of your case. This begins with a free telephone consultation, which then usually results in a sit-down meeting with the client where we provide you with a more detailed explanation of what we can offer. If you would like to hire us at that point, then you will sign a contract. Keep in mind that you do not have to pay anything out of pocket.
We then begin to collect all of the evidence that will be needed to prove your accusations which typically involves the collection of documents such as police reports and OSHA reports, amongst other documentation. In addition, we will speak with any witnesses and have them provide their accounts of what occurred. Once we have gathered all of this information and have a more complete picture we then report back to the client and advise them of their options. We will then inform them of the direction that we would like to have the case go in. In the event that the client needs medical attention, we will meet with the physician and ensure everything goes smoothly with them as well.
Once all of this has occurred we will communicate with the defendant and attempt to reach a settlement. If they do not agree with terms that you find favorable then we will have to file suit. If the defendant forces us to litigate the case the typical turnaround is about one year. If we are able to settle the case, this can usually occur in about three to five months.
You may call us at any hour of the day to discuss your case with you and we are available to meet you at your home or place of business. If you have been injured you deserve to be compensated and we will do everything in our power to ensure that that happens. To discuss your case in greater detail, contact Our Accident Injury Attorneys today.Find more information on this website
Personal Injury Lawyers San Antonio
If you have a car accident personal-injury case, you may be seeking a car accident settlement calculator or some easy way to figure out the value of your personal injury case. This is natural. Personal-injury lawyers are often asked questions like this.
Car accident insurance companies like Allstate insurance company hired computer software programmers to create a car accident settlement calculator to make the system that they could use to save money paying on claims. In other words, they paid thousands of dollars or more to software programmers to create a car accident settlement calculator computer program that would help them under compensating injured people. However, even their extremely extensive, expensive computer program does a very poor job in calculating the real value of the case. Most personal injury lawyers would agree that trying to reduce the complexity of the value of a personal injury case of a simple car accident settlement calculator computer program is a mistake.
However, experienced car accident lawyers know the factors that go into creating an informal car accident settlement calculator. In my personal injury law office, we use the following five factors to help us estimate the value of the case. Before we discussed these “car accident settlement calculator” factors, you should be aware that the verdict potential of a case will always be higher than in injury cases settlement value. That is because you must give an insurance company or defendant in a personal injury case an incentive to settle the case. They must get a discount from the potential verdict value of case, otherwise, why would they settle the case? So when reading the following car accident settlement calculator factors keep in mind that the settlement value of the case is lower.
• Liability. In other words who was at fault? If it is undisputed in your car accident injury case that you were struck from the rear wall stopped at a traffic light on a bright clear day, these facts make your case stronger and therefore more valuable. But if there is a witness or physical evidence which suggests that you caused or contributed to the accident, your case is less strong according to this car accident settlement calculator factor and therefore less valuable.
• Total of medical bills and lost wages. The higher the medical bills, and the higher the lost wages, the more valuable the case is as a general rule.
• Severity of the injury. Was the injury extremely painful war on the order of management we painful or more like a painful annoyance? Was the injury pain sprain or did it require injections or surgery? When evaluating the car accident settlement calculator value, the more severe the injury and pain, the more valuable the personal injury case.
• Permanency of the injury. Is the pain and harm you suffered as a result of the car accident permanent in whole or part? If you are in pain and will be for the rest of your life, your case is more valuable than if you were in intense pain but the pain resolved in a few months. A permanent injury is worth more than a non-permanent injury.
• Every case and the injured person is different. This car accident settlement calculator factor is very important, but hard to measure. If there are facts in your case which make you more likable or make you more sympathetic than average, then the value of your case is greater. For example, if you are a non-or were driving a sick friend to the doctor, these sorts of facts could make you likable to a jury and enhance the value of your case. However, if the facts of your case put you in a somewhat less bright light, those facts could affect the value of your case in a negative way. It is this car accident settlement calculator factor that makes it impossible for a computer program that claims to be a car accident settlement calculator to give an accurate case value. Every case and claim really is different, and only experienced car accident attorneys can accurately evaluate the value of your personal injury case. Experienced car accidents attorneys are the only true car accident, settlement calculator.
No matter how severe your injuries are or what the facts of your case are, you can benefit by speaking with car accidents attorneys. Consultations are free and no obligation. That means you do not have to hire the personal injury attorney even after they speak with you and answer your questions. And if you hire a lawyer, they only get paid if they win your case.
If you have been involved in an accident or have questions the best way to protect your rights in the value of your case is to consult with car accidents attorneys. We are available to speak with you right now or at your convenience. Call now!
