Hurdles You will Face Regarding Car Accident Personal Injury Cases
Typically, the most common obstacle you will have to overcome in order to obtain fair compensation is the insurance company’s very aggressive adjuster who will be assigned to your claim. The more severe your injury, the more money will be at stake, and the harder the insurance company will fight to protect its policy. Insurance adjusters are skilled professionals who know how to shift blame from a defendant to a plaintiff. If they can do this, their insurance company can avoid having to pay a claim. At the very least, the adjuster will attempt to prove that you were at least partially responsible for the accident so that the insurer will not have to pay as much in compensation. There can be thousands of dollars, and potentially even millions of dollars at stake, so the insurer will employ as many tricks as it can in order to defeat your claim. Insurance companies don’t care about helping injury victims. They care only about protecting their bottom line and increasing profits.
Inadequate Settlement Offers from an Insurance Company
There are many instances where an insurance adjuster will try and get an injury victim to accept a settlement that won’t come anywhere close to properly compensating that victim for all the expense, pain, suffering, and more that he or she has suffered. This is especially true of adjusters preying on injury victims who do not have legal help. The only purpose of this kind of low-ball offer is that an insurer knows there is every chance it will wind up having to pay a great deal more money in a trial. If you have received such an offer, you can almost guarantee that you have a substantial amount more coming to you. NEVER sign any sort of document handed to you by an insurance company without having a lawyer by your side. If you should sign a waiver of liability or some other document that eliminates your right to sue in the future, you have signed your case’s death warrant. Not even the ghost of Clarence Darrow, or the world’s greatest living lawyer, could do anything to help you if that happens. If you enlist the help of an experienced accident attorney, it will shield you from the tactics insurance companies use to fleece injury victims and will make sure it offers you a truly equitable settlement that compensates you fairly for the harm that has befallen you. You need not short-change yourself.
Your Word Against that of the Other Driver
Many people believe perception is reality. Most of the time when an accident takes place, there will be multiple versions of what took place and who was to blame. Of course, those versions will often be in conflict. Should this be the case in your accident, you have to produce evidence that will support your side of the story. However, procuring this precious evidence takes the keen eye of an experienced, professional investigator. If you cannot produce this evidence, you stand very little chance of winning If you don’t have legal representation, you have very little chance of finding that evidence. There is basically no way you can win a case by choosing to rely solely on your testimony, no matter how compelling you believe your argument to be. If you don’t win, you will leave the courtroom with nothing. The accident lawyers with Our Law Office have honed their investigatory skills over the last 20 years and will launch an investigation into your case as soon as we are hired. We will gather the evidence you need to prove your case and get critical witness testimony so you don’t have to worry about saving your case through your own words. From the trial and error associated with litigating countless other cases, we know that compelling evidence is a client’s best possible chance of securing just restitution.
Proving up Damages and Swaying the Jury to Your Side
There are some cases where jury members will look at a plaintiff with a “jaundiced eye,” so to speak, even though it is the plaintiff who has been injured. This is typically the case when a plaintiff has suffered a soft tissue injury such as a sprain, pulled muscle, or whiplash. These kinds of injuries aren’t as tangible to a jury as, say, a broken or amputated limb. But even though these soft tissue injuries don’t look serious to the untrained eye, they can many times hide more insidious problems that may take months to heal. If you have incurred this kind of injury, then you will definitely require the assistance of a skilled and seasoned accident attorney who can convince a jury that your injury is severe. We have a cadre of witnesses who are experts in nearly every field of medicine who can testify as to the seriousness of your injury – even to the most skeptical jury member – in order to prove the damages that are owed to you.
Cases with More Than One Liable Party
There are many times that more than one party either outright caused an accident to occur, or played a role in the chain of events that led to it taking place. Say your accident was caused by a drunk driver. If this was the case, then you could possibly sue the alcohol-serving establishment that served that patron past the point of intoxication. This is possible due to dram shop laws in the state of Texas. If the accident took place because of some kind of mechanical malfunction, then the manufacturer could be held responsible for a design or assembly flaw. Similarly, the mechanic who worked on your car before the accident could be held responsible for a maintenance error. In instances where multiple parties contribute to the cause of an accident, you must file separate lawsuits against all of them. Also, the damages must be accurately calculated in regard to each party’s degree of liability. Accurately assessing blame and calculating relative damages can be a very complex process, and best performed by an experienced accident lawyer in order to make sure you get the proper amount of restitution you have coming to you.