Frequently Asked Questions About Auto Accidents

Q. How do you know if you have a good case?

A: The only real way to know if you have a good auto accident case is by talking to an experienced attorney. Most lawyers who are worthwhile offer a free, no-obligation evaluation of your case and will tell you whether your case has merit or not. There is no obligation to you whatsoever for this free personal injury consultation. Some will even just let you email them. Search around but don’t just choose anyone. Take the time to ask questions of at least 2 to 3 attorneys.

Q. What if you can’t afford legal fees?

A: Most attorneys take these cases on a contingency fee basis, meaning if they don’t win your case, you don’t owe anything. Their fees are higher if they go this route but it is a percentage of what they collect on your behalf. This gives you some protection in that if you lose, you end up paying nothing. But many of these cases are a slam dunk too so ask different attorneys what their fees are. At the end of the day balance out the fees and your level of comfort with each attorney to make a wise decision on who to go with.

Q. How much is your claim worth?

A: It’s virtually impossible for an auto accident attorney to answer this question before investigating your case. They may, however, be able to give you a likely range based on the facts and merits of the circumstances surrounding your accident. Your attorney should absolutely fight to make sure you receive the maximum amount of compensation that you’re legally entitled to. You should never just let the insurance company and their team of lawyers determine the value of your claim. Their goal will ALWAYS be to keep the amount they pay you as low as possible. Many different factors go into determining the value of any given claim. This includes how serious the accident was, how severe your injuries are, whether your injuries are permanent or temporary, whether or not you support others with your income, the price of hospital and medical treatments, pain, and suffering, whether negligence played a role, and so on.

Q. Your insurance company rep says you don’t need a lawyer. True?

A: Well of course they’re going to tell you this! Their job is to keep the payment to you as low as possible. They are desperately hoping that you are totally ignorant as to what you’re entitled to under the law. And above all else, they do not want you to have a lawyer. Many times a lawyer will get you abundantly more money than what the insurance company initially offers an uninformed victim. Look out for yourself and hire a good auto accident attorney. Not just a money-grubbing slimy lawyer, but someone who’s fair and honest and wants to see you receive what you’re entitled to. Ask for and check an attorney’s references before hiring them.

Q. The other person caused the accident and they don’t have insurance. Now what?

A: Many times your own insurance or other insurance, like worker’s comp, may cover you for your injuries. An experienced lawyer will always give you every available option to get fairly compensated for your claim.

Q. If you don’t have health insurance how will the medical bills get paid?

A: Again you really need an attorney for this matter. Sometimes your medical bills may be paid by the person who caused the accident or even by the state. There are too many options. Get a professional opinion before you get stuck with a huge bill!

Q. Your medical bills, and not to mention the /A.)/Google map/loss of income, are way more than the insurance coverage of the other driver. And that person has no other money to pay you. So what’s the point of hiring an attorney?

A: It’s definitely almost always a mistake to accept any settlement offered without consulting a real auto accident attorney. In the event that the other driver’s insurance coverage is less than the value of your claim, you absolutely may be able to get more monies from your own insurance company. And no, they can’t raise your rates for that! I’ve done this myself and it’s worth it. However, if you settle the claim beforehand, you will probably lose your right to pursue these claims. Talk to an experienced auto accident lawyer first.

Q: How soon after an accident do you have to file a claim? Is there some kind of time limit?

A: It can differ from state to state. It’s really important to consult with an auto accident attorney as soon as possible to ensure that you do not lose any of your rights.

If you’ve been injured in an accident in Texas, you need an experienced auto accident attorney. We certainly wish you all the best and hope you recover from your accident completely! Take care.

Our Main Office:

Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215
210-222-2288

Personal Injury Lawyers – What Is Negligence?

Negligence is carelessness or harmful intent that leads to the harm of another person. It may be an action taken, such as carelessly knocking a hammer off the roof that hits another party in the head, or failing to act, such as when a property owner does not fix a hole in a stair step, causing someone to trip and fall. It can also be caused through the intentional act of someone that leads to an injury.

If someone’s negligence caused an injury to another person, that person may file a personal injury claim or lawsuit. It is not enough for the injured person to simply state that an injury has occurred. In order for a legal claim to be valid, these four things must be shown by the person filing the lawsuit:

The defendant owed the plaintiff a duty of care
The defendant failed to exercise that duty of care towards the plaintiff
The defendant’s breach of duty caused the plaintiff to be injured
The plaintiff suffered damages as a result

Can you win your case?

In order to win a personal injury claim or lawsuit, the plaintiff must show that the defendant was negligent and breached his duty of care. Basically, if it could be foreseen by a reasonable person that an injury may happen as a result of certain actions, the defendant has the duty of care to avoid those actions. An example would be if a reasonable person could see that throwing driving recklessly could lead to an accident, then the person driving in that manner has a duty of care not to perform those actions.

The plaintiff must show that his injuries were caused by the carelessness of another resulting from that specific accident, and not by a condition or injury that pre-existed prior to the accident. Additionally, the plaintiff must show that he or she has suffered damages as a result of the other party’s inaction or actions, such as medical bills and lost wages, because of not being able to work.

Many lawyers offer free case evaluations to help determine if the person that was harmed has a legitimate legal claim, and it whether it would make sense to file a personal injury claim or lawsuit to recover damages for their injuries.

Have you or someone in your family sustained injuries from a bike accident? You deserve compensation – get the help of a skilled personal injury lawyer.

Bicycle accidents do not seem to rouse serious concern from a statistical point of view. Bicyclist deaths contributed to only 2 percent of traffic fatalities and 2 percent of traffic injuries in the latest findings of the National Highway and Traffic Safety Administration.

However, these are just statistics. If you have sustained injuries from a bike accident, it can be devastating. Not only are you burdened with medical expenses, but you may also need to prove who’s responsible for the accident. In cases like this, people can be quick to judge you as a bicyclist. You need a skilled and experienced lawyer to handle your case and ensure that you are compensated fairly.

Bike Accident Causes

The top cause of bike accidents is collision with vehicles. According to Bicycling Magazine, the five most common bike-car collisions are:

Left-cross – When a car makes a left turn without seeing an approaching bicycle

Right hook – When a car passes a traveling bicycle on the right side of the road, then makes a right turn, crossing the bike’s path

“Dooring” – When a bicycle passes by a car parked on the side of the road, just as the car door opens towards the bike

Parking lot exit – When a car exits a parking area just as a bicycle is passing by the exit

Overtaking – When a car hits a bicycle from behind

Aside from vehicular collisions, road hazards are also a threat to bicyclists. Potholes, sewer grates, and rail tracks are just some of the common road objects that can sway a relatively unstable vehicle like a bike. In such cases, the government may be held liable if they could have done something to eliminate the risk in the first place.

Claiming Compensation for a Bicycle Accident

Though bicycles are considered relatively safe, a bike accident can lead to catastrophic results, such as a serious injury or even the death of a loved one. You deserve to be compensated financially and emotionally for the medical treatment, loss of opportunities, and even emotional pain that you are going through.

However, it can be difficult to pinpoint where the responsibility lies. A skilled attorney can help you prove someone else’s liability and claim the compensation you deserve. Aside from providing you with legal support, a good lawyer can also help you obtain the medical and even logistical care needed for your injuries.

Our firm has been helping people with their injury or wrongful death cases for over 30 years. They have handled and won numerous bicycle accident cases. Learn how we can help you by calling for a free consultation. More information on this website