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Do You Have a Valid Injury Claim? – Accident Lawyers

If you have been injured in a car accident and wish to seek damages from the other driver, you must first determine if your claim is valid. There are many factors that can both predict, and affect, the validity of potential claims, and an experienced personal injury attorney can help you identify and pursue those in an efficient and effective manner.

As a rule of thumb, it is vital to contact your insurance company, the police, and if applicable, the department of motor vehicles (DMV) immediately following an accident in which you sustained an injury. State-level rules vary in terms of the time frame within which they allow accident victims to report a crash. If you fail to report your accident within the allotted time, you may severely limit your ability to seek damages for your injuries.car accident attorney

“No-fault” states prohibit accident victims from filing claims against the other party unless their accident-related expenses are above a certain amount. The term no-fault essentially means that insurance companies for each driver will pay the costs associated with an accident to their own clients without the need to prove the other party was at fault. Therefore, if accident-related expenses are below the threshold limit, each party would receive payment from their respective insurance company regardless of who was responsible for causing the accident. To complicate matters, however, no-fault states vary in terms of the circumstances that allow an accident victim to file a claim. Therefore, it is advisable to consult an insurance agent to gain a complete understanding of individual policies as well as state laws pertaining to injury claims.

On the other hand, individuals who reside in “fault” states may have legal recourse against the other driver in the event of an accident, even if the damages exceed the limits of the other driver’s insurance policy. In the event that a driver is under-insured, and the accident victim’s insurance policy does not include coverage against under-insured drivers, the injured party must then consider the option of filing a claim.

Similar in concept to the time limits described above with regard to reporting an accident, there are also time limits for filing a personal injury claim, and these vary by state. Known as statutes of limitations, these time periods dictate the period within which a legal claim can be filed. If an injured person fails to file their claim within the permitted period of time, they lose their right to sue, even if their claim is valid.

Although every personal injury case is different, they all center around two basic issues, liability and damages. In order to have a valid claim, an injured person must prove that they have suffered an injury, be able to demonstrate that the defendant is liable for those injuries and that the effects of the injury can be quantified in terms of money (i.e., damages). In order to prove liability, plaintiffs must prove that the other driver was legally obliged to use care while driving, that he or she violated that duty, and that the accident was directly related to the injuries that were sustained. accident attorneys

This is where a personal injury attorney is essential. Personal injury attorneys can work with you to evaluate the circumstances of your case and determine if he or she believes it is meritorious and worthy of pursuing. Information that your attorney may request to see in order to help determine the validity of your claim might include documentation of your injuries and associated medical treatments, eye witness testimonies, and police reports. If they believe your claim is valid and worthwhile, they can work with you to develop a strong case that details your story and supports it with indisputable evidence.

Doing this with compelling nuance is essential, but difficult, therefore a personal injury attorney should always be in the picture if you file an injury claim; don’t venture into unchartered waters alone. It is important to choose an attorney with expertise in representing car accident victims, and one who has a proven track record of success in securing adequate damages for their clients’ injuries.

Why do I Need an Experienced Attorney? I’m Smart and can handle this Myself, Right?

Well, maybe. But let us ask you this. Would you play professional football without the proper training and experience; much less the physical ability? Of course, you wouldn’t. You’d get killed during the opening kickoff. Or would you design and build your own house on a piece of rural property, or operate on yourself if you needed surgery? These sound like dumb questions but many people think they can save money and win their own case. And that is nothing more than a fool’s errand: a very expensive one when you consider the thousands of dollars at stake.accident attorneys laredo Texas

A non-attorney doesn’t have the necessary knowledge to effectively investigate a complicated big rig accident, negotiate a fair settlement with insurance companies, or successfully represent him or herself in court. Litigating an 18 wheeler accident-related injury cases is extremely complex. It’s even hard for us sometimes. And we’ve been doing it for many years. And attorneys who don’t have a deep background in personal injury or commercial truck accident cases don’t have any better chance than you of winning reasonable compensation. So why would you even entertain such a foolish idea, especially when tens or even hundreds of thousands of dollars are on the table?

Under-representation in personal injury 18 wheeler accidents is like asking to get creamed by your opponents all over again. And they’ll be more than happy to oblige you. The laws and procedures involved are so complex, and the playing field is clearly tilted in the favor of the trucking companies, their insurance providers, and attorneys. Your opponents have deep pockets and years of experience winning these exact kinds of cases.

Successful litigation in a truck-related personal injury lawsuit demands that the representing lawyer have a very thorough knowledge of civil procedure and an ability to devise the perfect strategy, based on the evidence, to battle the defendants, their insurance companies and defense lawyers. Legal novices don’t have any of that. And legal rookies don’t’ have enough.

And if you’re thinking about taking up the offer of a relative or friend who is a lawyer to represent you, you might want to seriously reconsider that plan. For even though he or she might be looking out for your best interests to fight hard for your rights in an 18-wheeler accident case, unless this person is an experienced personal injury lawyer with experience beating trucking companies and their insurance companies, your attorney’s good intentions might result in your side taking a knife to a gunfight.

Often, your personal lawyer might have a difficult time emotionally detaching him or herself from issues surrounding your case because of that personal association. Personal injury law is quite intense and extremely contentious. Your attorney must be pragmatic, focus solely on the facts of a case and be very cool under in order to succeed for you. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now? How will you feel about your friend or relative then? You will be very wise to keep your family members and friends out of your legal business when deciding who will represent your big rig injury liability lawsuit most effectively.

Insurance companies only agree to fair settlements if you are protected by an attorney with a history of success in court. Think of a good attorney like you would a big guard dog. No one comes into your house to rob you when that 100-pound pooch is protecting you and your family. Insurance companies and their lawyers are all too eager to pick-on and rob non-lawyers and inexperienced attorneys.

But they fear us. When we file a claim, the insurance companies are suddenly open to good-faith negotiations that more often than not produce a fair settlement for our injured clients. They want to avoid a trial, especially against our strong case, the kind of case good investigators build. And fair settlements mean you and your family can resume living your lives again. Only after trying hundreds of cases can a lawyer learn the intricacies of developing the right tactics for success at trial or at fairly negotiating with insurance companies after injuries in an 18-wheeler accident. We know the right way to answer interrogatories, prepare demand packages, and conduct sophisticated depositions that get to the bottom of the accident that caused your injuries, pain, suffering and lost wages. This is why it is in your best interest to retain an 18 wheeler injury lawyer who knows how to do all of this and forcefully represent your interests.

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.

This blog was posted by Ford and Laurel Attorneys Laredo, Texas

Discovery In A Lawsuit Explained

What is Discovery?

When a party files a lawsuit in Texas, one of the first things that usually happens is that the court issues a Docket Control Order. Contained in that order is a schedule of events the judge requires to be timely completed by specific dates. One item on that list is referred to as discovery.

Discovery is a process. There are generally two major types of discovery. There is written discovery and then there are depositions. Written discovery includes Request for Disclosure, Interrogatories, Request for Production, and Request for Admissions. The types include written requests for information, responses, and to produce certain documents or tangible things that are served on a party to a lawsuit. Depositions are used to obtain sworn information directly from a party or a witness in person or by written questions. These are procedures that allow parties to fully prepare for a trial.

Request for Disclosure is a type of written discovery. This request is unique in that it is dictated in the Texas Rules of Civil Procedure. In most written discovery procedures, an attorney can make various objections to any item. This is not true of this type of discovery. The rules require a party to respond to this discovery without objections. The requests are basic and cover things such as fact witness information, expert witness information, and the legal and factual basis for all claims being made in the lawsuit. If a party does not timely respond in 30 days, a court can sanction that party.

Interrogatories are written questions directed to a party. The party has 30 days to serve objections and answers to the questions asked. The answers to the questions are under oath and a party serves a notarized verification that the answers are true and correct. Interrogatories are used to gain information about the party and what happened in the case. If any question is overbroad, vague or not relevant to issues in the case, the lawyer may make objections. The judge will rule on these objections later if the matter is urged by the other lawyer at a hearing. The sending attorney may file a Motion to Compel with the court and set the matter for hearing. At this hearing, the judge will decide whether the objection is valid. If so, the court will deny the request. If the objection is invalid, the court will grant the motion and order that party to fully respond without objection or the judge could limit the request and then order that a response be made with that limitation. The number of interrogatories to a party is limited to 25.

Request for Production is used to request a party to produce various documents or tangible items described in the request. There is no limit to the number of requests that can be made. The receiving party, or an attorney for the party, may also make objections as with interrogatories. The idea is to allow a party to obtain all relevant documents, photographs, drawings, videos, etc. that relate to the claims being made. This allows parties to obtain all items that might be used at a trial and be prepared for the use of such items. Any party may also ask the court to order another party to properly respond or withdraw invalid objections.

Request for Admissions is used to request a party to either admit or deny certain statements. For example, a party might request a plaintiff to admit or deny that he/she was drinking alcohol within a four hour period prior to the collision made the basis of the lawsuit. The plaintiff must admit or deny that statement within 30 days of the request. There is no limit to the number of requests that can be made. Very importantly, a party must timely respond to this type of discovery. If not, the rules say that all the statements are deemed admitted. Therefore, failure to timely respond can result in the party making an admission of a statement to a jury that otherwise would not be admitted. This can result in a harsh outcome at any trial.

A deposition is a process whereby a party deposes another party or a witness before a certified court reporter under oath. This is a much more expensive process. The deposition can be by video. In this manner, a party’s lawyer can quickly get information that is needed to prepare for trial. This also locks the deposed party or witness into a certain position. If the party or witness attempts to change their story at trial, the deposition can be used to impeach that person in front of a judge or jury. Depending on the type of case, a person may be deposed for an hour or up to several hours. A person can be subpoenaed to appear for a deposition.

There is also what is referred to as a Deposition by Written Questions. This deposition usually used to verify the authenticity of certain business records. The custodian of records of a business (such as a hospital) will answer the deposition questions under oath to a court reporter and provide the deposing party copies of the documents (medical records or bills) in question. In this manner, the records become authenticated and can be offered as evidence at trial.

In summary, discovery is a process utilizing various methods to obtain information to prepare for trial. There are rules using these procedures as set forth in the Texas Rules of Civil Procedure. The purpose of the procedures is to get to the truth and validity of claims being made by plaintiffs or defense claims being made by defendants. This development of evidence allows parties to see the case for what it is and enter into negotiations to settle the matter. It also allows parties to request the court to declare either that a case has no basis to go forward or perhaps there is so much evidence, the court could rule that the party wins the claim without going further. These are referred to as summary judgment procedures. Discovery is time-consuming, expensive, and is in large part the reason for many hours that an attorney spends on any given case. However, it is the nuts and bolts of preparation for a trial.

Pedestrian Accident Attorneys – Personal Injury Lawyers

According to a recent Department of Transportation study, pedestrians who are involved in accidents with motor vehicles are 10 times more likely to die in the crashes than the occupants of the vehicles. In fact, the alarming statistics showed that pedestrians account for more than 50 percent of all traffic fatalities. Despite the fact that the fatality rate is much lower than the next 10 largest cities in the U.S., pedestrian accidents are a major problem for the city.

Unfortunately, some motor vehicle drivers do not abide by the rules of the road and observe crosswalk signs. Some motorists fail to yield the right of way to pedestrians walking in intersections. Given the popularity of the city, it is not uncommon to see pedestrian accidents in places near the downtown attractions. Still, drivers must obey the rules and laws of the road, and when they fail to do so, they must pay the consequences.pedestrian accident attorneys

Someone who has been injured in a pedestrian accident should seek legal counsel from a skilled accident lawyer immediately because there are time limits on claims. Call us today to discuss the case.

Types Of Pedestrian Accidents And The Injuries They Can Lead To

Without question, any motor vehicle accident can be serious, especially those involving pedestrians, which can lead to severe injuries or even death. Pedestrian accidents can take on many forms, including:

Bicycle accidents that involve pedestrians
Hit-and-run crashes
Parking lot collisions
Bus accidents that involve pedestrians
Crosswalk accidents

The types of injuries a person can sustained in a pedestrian accident include broken bones, injuries to the spine that might lead to paralysis, and head injuries that could result in brain hemorrhaging. The injuries incurred can be life-changing and long-lasting; therefore, it is important for any individual who has been injured in a pedestrian accident to work with an attorney who can seek all compensation allowed under the law

pedestrian accident lawyers

A man at a pedestrian crossing

The Costs Related To Pedestrian Accidents

The costs associated with pedestrian accidents can be staggering, and most insurance companies are aware of that. That said, many insurers attempt to settle with accident victims as quickly as possible – prior to realizing the full extent of the accident victim’s injuries. However, pedestrians who suffer head, back or neck injuries may not realize the full extent of those injuries until much later after the accident. Therefore, it is important for injured individuals to get legal advice from a lawyer who can evaluate the case and make a determination with respect to appropriate compensation.

The number one priority for injured individuals in pedestrian accidents or motorcycle accidents should always be their own health. Accordingly, if you have been involved in a pedestrian accident, you are strongly encouraged to seek all appropriate medical treatment as soon as possible. If someone else is responsible for your injuries, he or she can be held responsible for your medical expenses, lost wages and more.

Time is of the essence in many types of accident cases. It is critical for anyone who has been involved in a pedestrian accident to work with an accident attorney who can ensure that all time limitations are met and all legal options are considered. Call us today to schedule an appointment.