Attorneys Blog Car Accident Car Accident Claims In Texas

Car Accident Claims In Texas

Car accidents occur all the time. Many citizens have either been involved in an auto accident or we know someone who was hurt in a car wreck. Many of our our friends, neighbors and family members have endured pain and suffering as a result of a  car accident. Any car accident has the potential to cause severe injuries to the accident victim including soft-tissue injuries, back and neck injuries, bruising, loss of limb, broken bones, scarring, disfigurement, permanent physical disability and even death. Car accident insurance coverage is often available and can be utilized to pay for an auto accident victim’s pain, suffering, lost wages, medical bills and loss of quality of life. In the event that the victim was killed in a car accident, the auto accident victim’s family could be entitled to receive money damages as compensation for the emotional and financial losses they have suffered including the loss of companionship, the loss of support and the loss of consortium.

A car accident may involve numerous complicated legal topics including: comparative negligence, stacking of policies, subrogation rights, bad faith, minimum insurance coverage requirements and uninsured and underinsured motorist (UM – UIM) coverage issues. If you are not familiar with these topics and need to explore your legal options, you can consult an attorney. Our firm can assist in the evaluation of your auto accident claim. One of the important points to discuss is the filing time for your auto accident. A car accident complainant has two years from the date of the car wreck to file a lawsuit. The filing time is different in other states, so you should consult a local attorney.

If you or a family member were hurt in a car wreck, there are a few things you can do to strengthen your car accident liability case and possibly increase the settlement or jury award available as compensation. These steps include the following: You should report the car accident to the police. If the accident report shows that the other driver was issued a citation for a traffic violation, this may establish liability and make your case stronger if you have to go to court over your vehicle accident. You need to get the names and addresses of anyone who was a witness to the vehicle collision. Do not discuss the auto accident with anyone at the scene of the car wreck except for the Police who are investigating. As soon as possible, have pictures taken of your injuries and of the car damage. These pictures will be useful if your car accident claim does not settle and you have to go to trial to recover for your injuries. Also, you need to keep track of any receipts and documents related to your car accident because these documents will be used to support your claim when an attorney makes a demand on the insurance company for the settlement of your auto accident claim for damages.

Seek immediate medical care after the accident if you feel you were injured in any manner. Be sure to report any injury (no matter how slight it may seem at the time) to the police, paramedics, doctor, hospital or any other health care provider. Be very specific with the injury symptoms you are describing and do not leave anything out regardless of how slight it may seem at the time. This is because a slight symptom could indicate a serious injury and your doctor cannot give you an informed medical opinion if you held something back.

Be aware that the adjuster for the insurance company may try to convince to settle your car accident claim without using a  personal injury attorney. You should use caution because the adjuster’s main objective is usually to get you to accept the lowest amount possible for the settlement of your personal injury claim. A friendly phone conversation with an insurance adjuster might hurt your auto accident claim. The adjuster could try to get you to say you were at fault for the auto accident. The insurance adjuster could try to get you to agree that your injuries were not severe. If this happens, you can tell the insurance adjuster: “I’m just not ready to discuss the accident at this time.” Remember that no matter how friendly the insurance adjuster or investigator seems, that person works for the insurance company. An  attorney works for you and represents your interest. Using an attorney to settle your car accident claim could increase the amount of your accident settlement.

If you or a family member were involved in an auto accident, you can get free legal advice and personal injury information in an initial consultation with an attorney in our firm. We provide legal services for auto accident claims and other personal injury cases throughout the area.

 

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Why You Need a Personal Injury AttorneyWhy You Need a Personal Injury Attorney

This Blog was brought to you by the San Antonio Car Accident Attorneys of the Carabin Shaw Law Firm in San Antonio

Why You Need a Personal Injury Attorney

Accidents, injuries, car accidents and fall incidents, dog bites, and various other personal injury situations can occur at any point in our lives. In today’s fast-paced and mobile world, injuries can happen in various aspects of life, ranging from workplace incidents to accidents while walking in your neighborhood. When faced with such situations, it is essential to have a well-trained and highly qualified personal injury attorney by your side to address your medical, emotional, and physical needs.

The consequences of a personal injury can be far-reaching, impacting multiple areas of your life. A personal injury attorney can assist you in seeking resolution for your needs, which may include mounting medical bills, emotional distress, and lost wages due to missed work. The effects of an injury can be extensive and depend on the nature and severity of the damage. That’s why it is crucial to engage the services of a personal injury attorney as soon as possible after an accident or injury, especially when it involves life-altering consequences, limb loss, or even fatalities.

A skilled personal injury attorney will work closely with you to gather all the necessary facts related to your case. They will discuss your options and help you determine the best course of action based on the specific circumstances and factors involved. This personalized approach and attention to detail are critical aspects that only a competent personal injury attorney can provide. Their goal is to ensure you feel comfortable with the legal process, seek compensation for your medical expenses from the responsible party, recover lost wages, and find the closure necessary to move forward with your life in the most advantageous way.

Engaging a personal injury attorney who is well-versed in handling your case is essential to ensure that your rights are protected and that you receive the compensation you deserve. They will fight on your behalf and navigate the legal complexities, allowing you to focus on healing and rebuilding your life after the injury.

Comparative Negligence And Res Ipsa LoquiturComparative Negligence And Res Ipsa Loquitur

Res ipsa loquitur is an exception to the general negligence rule, and it permits a party to infer negligence, as opposed to affirmatively proving it, when certain elements are met. In order for the doctrine to apply, traditionally a party must show:

(1) the event must be of a kind which ordinarily does not occur in the absence of someone’s negligence

(2) the event must be caused by an agency or instrumentality within the exclusive control of the defendant; and

(3) the event must not have been due to any voluntary action or contribution on the part of the plaintiff.

The state has incorporated these three elements into its pattern jury instructions.It also requires the defendant to have superior knowledge of or be in a better position to explain the accident for res ipsa loquitur to apply. Once the elements of res ipsa loquitur are met, the burden shifts to the defendant to show that something other than its negligence caused the accident. Whether sufficient evidence supports an inference of negligence under res ipsa loquitur is a question for the jury; however, the district court must first determine whether sufficient evidence has been adduced at trial to support the consideration of a res ipsa loquitur instruction and therefore whether the instruction should be given . . .

We have previously stated that the comparative negligence statute renders certain common law complete defenses inapplicable. Specifically, we have recognized that the comparative negligence statute subsumes the doctrines of assumption of the risk and last clear chance. In these cases, we acknowledged that a plaintiff may still proceed in the underlying negligence suit, and the common law defenses cannot bar the suit, provided that the plaintiff’s negligence does not exceed that of the defendant. Otherwise, these doctrines would subvert the principles of comparative negligence and would compel results inconsistent with the plain language of NRS 41.141 . . .

To completely bar plaintiffs from the use of res ipsa loquitur in situations where comparative negligence applies contravenes the express language of NRS 41.141. Accordingly, we conclude that NRS 41.141 operates to subsume the third element of res ipsa loquitur. From this point forward, the third element of res ipsa loquitur is revised to provide that the doctrine may apply as long as the plaintiff’s negligence is not greater than that of the defendant. On this point, we expressly overrule the test for res ipsa loquitur as stated in Bialer v. St. Mary’s Hospital in favor of the one stated in this opinion. The doctrine of res ipsa loquitur is to henceforth reflect the impact of comparative negligence and NRS 41.141.

 

Accident ClaimsAccident Claims

Personal Injury Law can include numerous different injury claims. You should consult an attorney anytime you are injured and you aren’t sure whether you have a legal right to recover money damages. If you want to evaluate your  personal injury claim, contact our firm for free legal advice in an initial consultation.

Some of the numerous claims for personal injury include Drug Recalls, Nursing Home Malpractice-Abuse-Neglect, Medical Device Defects, Silicosis Claims, Diet Drug Injuries, Fen-Phen Claims, Pharmaceutical Injuries, Violent Crime Injuries, Cancer Misdiagnosis, Spinal Cord Injuries, Boating Injuries, Bus Passenger Injuries, Asbestos Claims, Sick Building Syndrome, Defective Hip Implants, Birth Injuries, Repetitive Stress Injuries and Toxic Mold Injuries. Other  accident claims can include: Workplace Accidents – Drug Overdose Errors – Defective Medical Devices – Fires – Motorcycle Accidents – Bicycle Accidents – Trucking Accidents – Pedestrian Accidents – Construction Accidents – Explosions – Medical Malpractice – Nursing Malpractice – Elder Abuse – Premises Liability – Toxic Torts – Car Accidents in . If you have any doubt, call to arrange a free personal injury consultation to evaluate your legal rights.

If you were injured, contact our firm for a free personal injury consultation.