Personal Injury Cases – Different Tactics Applied

Delay The Game

Perhaps one of Goliath’s most cunning ploys is his use of delay tactics, which could indirectly force you to accept his offer. As we so commonly say, “Justice delayed is justice denied.” Goliath loves delays for the same reason: justice delayed is justice denied. This delay approach is often used by Goliath when he recognizes that he stands to pay a significant amount to resolve a personal injury or wrongful death claim. We commonly witness these delay tactics when someone has died or has received a catastrophic injury. personal injury attorneys

Do I have an Open and Shut Personal Injury and Accident Case?
Personal injury and accident lawyers often hear, “Do I have an open and shut case?” or “I have an open and shut case.

“Don’t Hire An Attorney- You Don’t Need One!”
Oftentimes, an insurance adjuster might tell an injured party that they don’t need a lawyer in the aftermath of a personal injury and accident for several reasons. One reason used often is that a person doesn’t need a lawyer because the adjuster “will arrive at a reasonable figure that will compensate you without delay.”

Will You have to File a Lawsuit for Your Personal Injury and Accident Case?

It all depends on the facts and circumstances of the case. We often talk about the process of proving and demonstrating liability, injuries and damages in an effort to add value your case and maximize recovery and address unsafe conditions. We use this process even if you do not have to go to court or file a lawsuit. I do not want to give the impression that a lawsuit is filed in every case or that there is a trial in every case. However, in order to maximize the recovery in certain cases, you must look at the case and be prepared to file a lawsuit and go through the litigation process and trial in. This is especially true in the cases where there are very serious injuries and damages, possibly death, and when there is potentially a lot of money at stake. Often, a lawsuit is filed in the more serious cases immediately to invoke the discovery and subpoena power of the court and to retain the services of expert witnesses and get them in place and to conduct a thorough investigation and preserve and document evidence and witness testimony.accident law
In personal injury and accident cases, the insurance company or the company is just not going to write a check out of the goodness of their heart. Again, the liability, injuries and damages must be demonstrated and proven and any potential defenses overcome, in an effort to add value to your case and to maximize recovery and address unsafe conditions. In some cases, specifically in commercial automobile accidents, big truck wrecks, industrial or workplace accidents and injuries and product liability cases, it is usually going to be necessary to file a lawsuit immediately. In the vast majority of cases, like most car wreck cases, it is not going to be necessary to file a lawsuit, in particular when the liability is clear and injuries or damages involved in the case are not severe. This should be addressed in the very first meeting with the right personal injury and accident law firm, because in many cases you are going to have a good idea as to what the potential defenses are, where liability stands, and potentially the injuries and damages and whether a lawsuit needs to be filed right away.
It is something that needs to be addressed in a meeting with your personal injury and accident law firm. For example, in a wrongful death case against one of the largest companies in their field in the nation, we met with the family of a deceased contractor and told them in the very first meeting that a lawsuit needed to be filed as soon as possible to invoke the subpoena and discovery power of the courts to preserve the evidence and to be able to get the experts involved in order to prove and demonstrate liability, injuries and damages, overcome defenses in an effort to add value to the case and maximize recovery and address unsafe work conditions. This case settled on confidential terms prior to trial at mediation. In another case that illustrates this point, we represented a hard working young man that was injured in a very serious motorcycle wreck. We told the family, as well as our client out at the hospital, in the first meeting that, “We have a plan regarding how the case needs to be handled. We need to file a lawsuit immediately, so we can prove and demonstrate liability, injuries and damages and overcome any defenses that the insurance company for the other driver is going to mount and raise in the case. We have experts lined up and need to get them involved in the case now. We are doing this in an effort to add value to the case and maximize recovery and address unsafe conditions.” We implemented that plan. lawyers defending personal injury victims
It started with the first step of filing a lawsuit immediately. The case also resulted in a confidential settlement prior to trial at mediation. Most of the personal injury and accident cases that we have been fortunate to be a part of in our legal careers have been settled without filing a lawsuit; but in serious automobile wrecks and industrial workplace accidents and injuries, it is often necessary to file a lawsuit early in the case. The same is true in commercial vehicle accidents and big truck wreck and product liability cases. In these cases, we typically know that we are going to need to file a lawsuit in order to do a proper and thorough investigation in an effort to prove and demonstrate liability, injuries and damages and overcome defenses, while adding value to the case and maximizing recovery and addressing unsafe conditions. You need to communicate with your personal injury and accident lawyer and law firm about whether or not you need to file a lawsuit in your case and understand why the decision is being made.

Trucking Accident Trial Lawyers – Personal Injury Attorneys

Our Trucking Accident Trial Lawyers represent clients seriously injured due to the negligence of trucking companies and truck drivers. Our trucking litigators regularly represent clients all over Texas. Our attorneys and staff speak Spanish so that we may serve our Hispanic clients. Consultations with our truck accident trial lawyers are always free and cases are taken on a contingent fee basis, meaning you do not owe any attorneys fee unless we win your truck crash case or have secured a settlement for you. Our trucking crash lawyers will work hard to ensure that you receive the maximum compensation possible for your injuries sustained in a truck wreck. Our trial teams regular prosecute injury claims against national trucking companies and negligent truckers. If you have been injured in a wreck or collision involving a tractor trailer, semi truck, dump truck, flatbed truck, moving truck or any other type of truck, call for a free consultation with one of our trucking lawyers. truck accident lawyers - personal injur attorneys

Our law firm has tried many cases involving truck collisions throughout Texas and in other States. If you have been injured by a truck driver while in Texas, our truck crash law firm can help you recover your lost wages, medical bills and compensation for pain and suffering and other damages caused by a negligent truck driver.

Our truck wreck and collision expert reconstruction witnesses will analyze every detail of your trucking crash. Our attorneys understand the details of motor carrier compliance, and the way to properly investigate a trucking crash to recover the maximum compensation against negligent truck drivers and trucking companies, and seek punitive damages against the negligent parties, if appropriate. In addition to truck collision cases, our attorney have handles cases involving roll-overs. It is far too common that truckers follow too closely or tailgate passenger cars in front of them. Following too closely is an offense that many truck drivers are guilty of and which cause a great deal of trucking wrecks. Our trucking collision law firm employs paralegals and investigators who understand Spanish and will assist in the investigation and work up of your trucking collision case and will keep you informed of the progress of your trucking crash case. If you have been hurt in a crash involving a truck or roll-over, our attorneys will work hard to ensure that you and your family receive the compensation that is due because of the negligent truck driver for causing the truck wreck.

Our law office regularly litigates cases of truck crash or wrecks in Texas and throughout the United States with the assistance of out-of-state legal attorneys and legal teams. If you have been injured in a truck crash or truck wreck due the negligence of a truck driver who is fatigued, call our attorneys today for a free consultation on your trucking wreck claim. Our car and truck accident law firm has been handling truck accident cases for many years and stand ready to assist you in your trucking accident collision. big rig accident attorneys

Our trial attorneys represent clients living in Texas. Our truck accident litigation teams regularly represent clients in lawsuits against truck companies all over Texas. Our trial lawyers also file lawsuits against trucking companies in Texas.

For questions about motor carrier regulations and federal trucking regulations, including qualifications of truck drivers and more call our trucking attorneys today.

Auto Accidents are extremely Common – Personal Injury Attorneys

Auto accidents are extremely common. There are approximately 4 million automobile-related injuries annually. Even the best of drivers can find themselves in an auto accident, and severe injury may be possible. For example, injuries may occur to the head, brain, neck, or spinal cord, and may result in whiplash or death.

If you get in an accident it is important to not leave the scene. To leave the scene of an accident without stopping may subject you to a criminal prosecution. Seek medical help for any injured people. Do not attempt to render first aid if not an expert, as there may be liability on your part if you made a condition worse. Call the police so they can file a report. It is also necessary to provide your name, address and the license number of the vehicle you are driving to the other party. Upon request, the drivers must exhibit their driver’s licenses. Do not make any statements to the other drivers or police regarding whose fault you believe the accident to be, even if you are sure it was your fault. In addition to gathering information on the parties involved in the accident, it is a good idea to gather any information (including contact information) from witnesses who saw the accident. Be sure to see a doctor following the accident to be evaluated and treated.

Law requires filing an accident report within ten days of the accident. You must report the accident to the Texas Department of Motor Vehicles if there was damage in excess of $1000.00 and/or someone was injured or killed. Failure to submit the report will result in a suspension of your driving license. State law also requires that all vehicles have liability insurance. Be sure to notify your insurance company about the accident and follow their directions. Bear in mind that the interests of the other party will be represented by their insurance company and/or lawyers and you should retain your own counsel. If you were in an accident and did not have insurance you license will be suspended for one year.

While law requires all motorists to have insurance, it is estimated that as many as 25% do not. Thus, it is a wise precaution to get uninsured motorist coverage on your own insurance plan in case you are involved in an accident with someone who is liable, but insolvent, and uninsured.

In addition to a negligence claim based upon a severe injury, car accidents may also involve wrongful death actions. They can also raise issues of defective products if there was a failure with a seatbelt, airbag, or tire, for instance. The government may also be liable if there was a poorly maintained roadway, a badly designed intersection, or a malfunctioning traffic signal system, for instance.

As for damages, if you are unable to work or sustain injuries you may be able to recover from your own insurance policy, or you may be able to obtain damages from the other party if they are liable. The idea of damages is to put you in the situation you would have been if there was no injury. The amount of money will depend on factors such as the extent and duration of injuries, pain and suffering, disability caused, and damage to property. While damage awards vary, one local woman received $150 million when her vehicle rolled over due to a design defect.

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