Grossman 7/10/20 – Car Accidents page 2 – gtg

Injury Lawyer Discusses Whiplash and Other Common Car Accident Injuries

Any type of car accident can be highly destructive to the body and result in long-term and permanent disabilities. Even minor car accidents below five miles an hour can have severe and wide-ranging consequences to the brain, head, neck, spine, soft tissue, as well as bones, limbs, the nervous system, the endocrine system, and more.

Brain & Head Injuries after a Car Wreck
More than half of all traumatic brain and head injuries are caused by vehicle accidents in Texas. Traumatic brain injury, known commonly as TBI, is a brain or head injury where sudden force to the head or body causes damage to the brain. This type of force is common in car wrecks, especially if the head hits an object such as the steering wheel, window, or windshield. Damage to the brain during a car accident can vary and affect one or more parts of the brain with varying severity. A person with a traumatic brain injury may affect cognition, language, memory, attention, reasoning ability, physical functions, information processing, and speech.

Symptoms of traumatic brain injury can be mild, moderate, or severe, and may not be evident for several days to a week after the initial injury. Mild injuries may be accompanied by a brief loss of consciousness (usually a few seconds to a few minutes) at the time of the injury, as well as resulting headache, confusion, lightheadedness, blurred vision, dizziness, changes in sleep patterns or general mood, and trouble with memory, concentration, attention or thought processes that may last up to a week after the initial injury.

Moderate or severe brain injuries often show similar symptoms as above but may be more severe and accomplished by vomiting, uneven dilation of the pupils, loss of coordination, weakness, slurred or disrupted speech, and an inability to wake from sleep. Half or more of those afflicted with severe brain injuries will require brain surgery.

If you or a loved one believes you are suffering from a brain injury following a car accident, seek immediate medical attention. Once medical personnel has reviewed you or your loved one’s injuries, contact our Law Office for a personal consultation regarding your legal rights and entitlements to ensure your medical bills and continuing future care is provided for by the party responsible for the auto accident. Our Texas car wreck lawyers have more than twenty years of experience filing insurance claims, creating demands for full payment from car insurance companies, and litigating brain injury cases in Texas. Call us today.

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Spine Injuries After a Car Wreck

Spine injuries are often very serious injuries that require extensive and multiple surgeries, physical therapy and rehabilitation, and significant recovery times. There are three major types of car accident spinal injuries affecting bony vertebra, the nerves of the spinal cord, as well as muscles and ligaments connecting to the spine, including:

Neck injury (known as cervical spine injury), a common result of whiplash
Mid-back injury (known as thoracic injury)
Lower-back injury (known as lumbar injury)
All types of spine injuries after a car wreck may be noticed immediately following the accident or may take up to several weeks or months to fully develop. Common symptoms of car wreck spine injury include abnormal aches and pains, stiffness in the affected area, shooting pain or tingling in the arms and legs, difficulty or inability to move legs, arms, fingers or toes, difficulty or inability to walk, shuffle or move the body, and partial or full paralysis.

If you or a loved one believes you exhibit symptoms of a spine or neck injury after a car accident, seek medical attention immediately. These injuries must be diagnosed and treated as soon as possible to avoid long-term and permanent disability. Often times, long-term and permanent disability means you or your loved one will not return to work and must have around the clock care. Contact our Law Office to speak with our spinal injury attorneys to get more information on your legal rights to compensation for medical bills, lost income, pain and suffering, disfigurement, and lost earning capacity. Call us to discuss your personal situation free of charge with our experienced and knowledgeable auto accident injury lawyers.

Did You Know? Our car accident attorneys have won thousands of cases. Call us today to discuss your case.

Soft Tissue Injuries After a Car Wreck
Soft tissue injury is deep bruising and swelling to muscles, ligaments, and tendons throughout the body. These injuries often occur when part of the body hits an object with enough force to harm the underlying tissues. Soft tissue injuries are usually not immediately obvious after a car wreck and may take weeks or months to fully appear. If bruising and swelling are extensive, you may lose function in the affected part of the body for a least a short period of time, though there is a significant risk of additional complications depending on your health history.

If you or a loved one experience soft tissue injuries or extensive bruising after a car wreck, seek immediate medical attention. Often, soft tissue injuries are indicative of more serious injury that may be moderate to severe. Because these injuries are often accompanied by medical bills, lost income, and potentially lost capacity, even in the short-term, our Law Office can help you obtain compensation from a car insurance company after a car accident. Call us and speak with our car wreck injury lawyers and to discuss your personal situation – and how to ensure your legal rights are protected and you and your loved ones obtain all you are entitled to.

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Have You Been Hurt in a Car Wreck in Texas? Our Auto Accident Attorneys Can Help

The accident lawyers with our Law Office are here to assist you if you have suffered an injury due to an automobile accident. If this is the case, then you are more than likely to have accumulated some significant medical bills, and you have also incurred pain and suffering and lost wages.

As such, you may be eligible to file a personal injury lawsuit in order to obtain restitution for the injury and accompanying the suffering you have experienced. But you will probably need the help of an accident attorney in order to have any chance at all of getting the fair compensation that you have coming to you. Auto accidents can be much more difficult to litigate than they may first appear, especially when there is an injury involved.

The attorneys with our Law Office have handled personal injury litigation involving car accidents for two decades, and are thus very familiar with all of the intricacies and complexities involved. This article is designed to provide you with some basic information so that you can better comprehend the process involved in pursuing litigation in an effort to obtain restitution. We will also let you know the hurdles you will have to overcome in order to win your case. We want you to have this information so that you can make the best decisions possible regarding your case. This information, however, is in no way meant to take the place of an actual consultation with a lawyer who knows the specific circumstances surrounding your case. The attorneys with our Law Office are available 24 hours a day, seven days a week.

When You Can File a Personal Injury Claim After a Car Accident

Every personal injury claim has three critical components:
A victim has suffered a physical, mental, or emotional injury.
That injury was caused by another person who violated a legal duty to the victim. Typically, in a car accident case, that means the negligent party either caused the accident outright or contributed to it due to an action or inaction that created an unsafe environment for other drivers, passengers, and pedestrians on the road.
The victim incurred monetary losses, known as “damages” in legal terms, because of the accident. A personal injury suit serves the purpose of providing restitution to the victim, or the plaintiff, for the damages that he or she has experienced.

The circumstances surrounding your accident must have all of these three components in order for you to have a legitimate personal injury claim. If you have any questions about whether or not you have grounds for a personal injury lawsuit, please call our Law Office as soon as possible for a confidential and free consultation. We will be able to quickly tell you whether or not you have a case, and where you stand from a legal perspective. If you do, and you get the restitution you deserve, that can help you not only recover from the accident financially, that can help you more rapidly recover both mentally and physically as well.

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When an Automobile Accident Attorney Needs to be Consulted

If the only damage that was done in a car accident was damage to property, you probably won’t need an attorney’s help. Either the other driver’s insurance carrier or your own insurance provider should be able to either replace or repair your car. But if you have suffered an injury in an automobile wreck, then you will more than likely need the assistance of a skilled and seasoned accident attorney in order to get the fair restitution you deserve. There are a number of red flags that should be an immediate indication that you will require legal representation. These include:

Soon after the accident, the driver who was at fault becomes aggressive or refuses to cooperate.
You are presented insurance information by the other driver, but it is from an insurance carrier you’ve never heard of.
The other driver’s insurance company launches a barrage of questions in your direction and insists that your conversation be put on the record.
The insurance company offers you a settlement before either the extent of your injuries has been established or all of the facts of the case have been determined.
You either have no insurance or are under-insured, and do not otherwise have the means to pay for medical care (our attorneys, however, can help you get the medical attention you need with a payment plan you can afford).
The insurance company does not offer you a rental car in a timely manner.
The settlement offered by the insurer does not compensate you adequately for the damage your car has sustained.
You get a bad feeling regarding either the at-fault driver or that driver’s insurance company during any part of the compensation process.

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.

The accident lawyers with our Law Office have been handling personal injury claims regarding automobile accidents for two decades. During that time, we’ve encountered myriad stories concerning unscrupulous drivers and insurance carriers that take advantage of injury victims uninitiated in the legal process. If you contact us, you can be assured that your legal rights will be protected by a group of effective, experienced lawyers.

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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 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 – and 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. And 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.

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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.

What Can An Accident Attorney do for You?
The accident lawyers with our Law Office want to help you through this incredibly trying time you are experiencing, and help you recover by helping you obtain equitable compensation. There are several ways we can make the legal process much easier for you, and help you focus your energy on recovering from your injury. These include:

Taking all of the legal work off of your plate.
Shielding you from the harassing and intimidating tactics used by insurance company operatives.
Filing your claim, or taking over negotiations if you have already filed.
Launching a thorough investigation by collecting any available video or photographic evidence, finding witnesses and interviewing them, sequestering and inspecting all vehicles involved in the accident, measuring the skid marks to the impact point, reviewing police reports in painstaking detail, and cataloging all evidence properly so it will be admissible in court.
Helping you find medical help if you are uninsured and otherwise cannot afford it.
Prepare demand packets.
Negotiating a fair settlement so you can avoid the stress and uncertainty of a trial.
Devising a trial strategy whether or not the case goes to court. The more convincing your case, the larger the settlement you can obtain without having to go through a trial.

For two decades, our skilled and passionate attorneys have been dedicated to doing everything they can to protect the rights of our clients and secure the restitution they have coming to them. Just as we have for so many other Texans, we can help you get the compensation you deserve.

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Why You Should NEVER Act as Your Own Attorney

It is legal, of course, for an injury victim to act as his or her own lawyer in litigating a personal injury case. It’s never a good idea. You can read as many law books as you like, and conduct as many Google searches as you want. The bottom line is that none of that can even come close to substituting for real-world courtroom experience. If you attempt to act as your own lawyer, you will fail. It’s as simple as that. You will leave that courtroom with nothing, and face a lifetime of financial misery because you will be on the hook for all your medical expenses, property repair bills, and all the other expenses you have accumulated. It could be the worst mistake you make for the rest of your life.

Successful lawyers spend years honing their craft; learning courtroom procedures and devising an effective trial strategy. A successful lawyer not only knows the law but how to apply it. He or she knows how to investigate accidents, depose witnesses, and follow the aforementioned courtroom procedure to the letter. Plus, insurance companies typically will only enter into good-faith negotiations with “real” lawyers, not legal laypeople trying to act as their own attorneys. A seasoned accident lawyer is your best chance of negotiating a fair settlement from an insurance carrier. Insurers fear hits to their bottom line, and in our 20 years of practice, the attorneys with our Law Office have delivered plenty of those hits by defeating nearly every major insurance provider in the nation. Because of our track record in delivering millions and millions of dollars in compensation for thousands of our clients, insurers will often make a fair settlement offer in order to avoid losing substantially more money by taking us on in a trial. If they choose not to make that kind of fair offer, however, we will be more than happy to fight for your rights in a court of law. Don’t risk short-changing yourself, or risk a lifetime of financial misery, by acting as your own attorney. Let us put our knowledge, reputation, and experience to work for your benefit.

How We Can Help You
Hopefully, we’ve hammered home the point that if you do not have an experienced attorney, you will not only still be injured after your case, you will probably be bitterly disappointed as well. The accident lawyers with our Law Office have been helping car accident injury victims obtain the compensation they deserve for the past two decades, and we can help you as well.

If you or a loved one have suffered an injury due to a car accident, please call us as quickly as you possibly can for a confidential and free consultation regarding the specifics of the circumstances regarding your case. We will answer any questions you may have, and give you a clear idea of the strength of your case from a legal perspective.

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Car Accident Attorney Explains What To Do After A Car Wreck

If you or a loved one has been in a recent car wreck, it’s important you take steps to protect your rights. At some point in our lives, the majority of us will experience involvement in a car accident. Most of the time, a car accident is nothing more than a simple fender bender that causes minor property damage. In other incidents, wrecks can be traumatic and devastating events, leaving permanent scars on the lives of the passengers and drivers involved.

Regardless of if your accident was a simple fender bender or one more serious, you are most likely entitled to seek compensation for the physical, emotional, and financial injuries you suffered as a result of that crash. How much money you are entitled to and the degree of difficulty to collect it depends on the highly individualized circumstances of your accident. In a few instances, you may be able to protect your rights on your own, but generally, hiring an attorney is the only way to recover the full amount that your case is worth. Our auto accident attorneys will highlight some of the basics of car accident litigation in Texas.

Do You Have A Claim?
Nearly every one of us will get into a car accident during our lives. So how can you know if you have a successful case against someone to reimburse you for injuries? In most cases, an accident victim is only entitled to collect compensation for his injuries if he can prove in court the four elements of a car accident claim. Until you demonstrate that the law and facts reveal the defendant is required to pay you money, the defendant in your case will be presumed “innocent.”

The four elements in a car accident claim you must prove in order to recover for your accident injuries are duty, breach, causation, and damages. We’ll discuss each of these four elements in detail below, so you will know the precise requirements to prove you’re entitled to compensation.

Duty:
The initial requirement for a successful car accident case is to prove the defendant owed you a duty of care in exercising a certain standard of caution to make sure you would not sustain an injury. The law sets this level of duty of care that one person owes another, and it depends on the circumstances of the situation and the relationship between the involved parties. Proving the defendant owed you a minimal duty of care will most likely be straightforward because almost all drivers owe each other the duty to operate their car as a reasonable person would to keep others safe. This “reasonable person standard” will probably be applied to the defendant in your case.

Breach:
After you show the defendant owed you a duty of care, you’ll need to reveal how he breached that duty of care. Usually, this requires demonstrating the defendant drove in a way a reasonable person would not have driven. Your defendant can be held responsible for any consequences that resulted from his negligent actions if even for just a moment, he drove unreasonably. Proving the defendant breached his duty of care often requires you to bring to court evidence to precisely demonstrate what the defendant did or failed to do. The jury in your case will consider your evidence and the evidence of the rest of the circumstances around the defendant’s actions to decide if the defendant’s behavior was indeed unreasonable. Actions such as driving while intoxicated, driving at nights without headlights on, speeding recklessly, or running through red lights, can all constitute a breach of the defendant’s duty of care.

Causation:
You’ll have shown the defendant in your case was negligent, once you’ve proven the elements of duty and breach. However, showing negligence is not enough to hold the defendant responsible for your injuries unless you also show the defendant’s negligence caused the wreck. Often there are several parties who could potentially be at fault in a car accident – pedestrians, other drivers, and even you could be framed as potential suspects by the defendant. Your defendant will probably do everything he can to avoid liability. He’ll try to convince the jurors that a third party caused the wreck, your injuries existed before the accident, or you caused the accident yourself. So it’s crucial you have sufficient evidence to prove it was the defendant’s conduct that caused you harm.

Damages:
Finally, after having proven the defendant’s liability, you’ll need to show how much in damages you are entitled to collect from the defendant. The term “damages” does not refer to your injuries. It refers to the monetary value of your injuries or the amount of money you will recover if you prevail in the case. You’ll need to determine exactly what you’re owed and give evidence of your injuries and losses to support those calculations, in order to prove what you’re entitled to collect. Losses such as loss of earning capacity, lost salary, medical bills, repair bills, and pain and suffering can all be recovered as damages.

As you’re calculating how much you think you’re owed in damages, your defendant will also be performing the same task. In a car wreck case, the amount of damages is usually a contested issue. If the jury finds the defendant was liable for the wreck, defendants calculate how much they think they owe accident victims. Defendants often allege they owe you much less than your calculations, and that you are unfairly asking for more than the real value of your injuries. So to show the jury the calculated amount is fair, and the defendant is simply making a last-ditch effort to avoid his negligence, you must have available evidence of your losses to substantiate your figures.

It’ important to figure the full amount of damages because you only have one attempt to demand all you are entitled. Yet, unless you’re experienced, accounting for all these losses can be difficult. For instance, how do you calculate an amount for an intangible loss such as pain and suffering? When figuring lost earning capacity, how do you allow for possible raises and promotions you would have earned if still working? If your medical treatment is continuing, how do you summarize your medical bills? The car accident attorneys at our Law Office understand how to make all these calculations and determinations so you can recover the full amount possible.

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Insured and Uninsured Defendants

All drivers in Texas are required by law to carry insurance on their vehicles. However, many drivers choose to drive uninsured, thereby driving in violation of the law. Whether an insurance company is involved in your case can determine the legal process and the ultimate outcome of your case against them.

Suppose both drivers involved in your wreck were insured and ultimately, an insurance company will be responsible for compensating you for your injuries. This can actually be beneficial to an accident victim because in most cases, it means if you succeed in bringing your claim, there will be some amount of money available to compensate you for your losses. However drivers often carry minimal coverage on their cars, and if the accident was severe, the insurance policy may not completely reimburse you for your losses. Just because there is money theoretically available in an insurance policy to compensate you for the losses, doesn’t guarantee it will be simple to get your hands on the money. Any time an insurance company is involved in a case, you’ll be up against intimidating adjusters, accident recreation specialists, defense attorneys, and investigators whose goal is to see you don’t win your case.

On the other hand, the other driver involved in your accident may be uninsured and you don’t have uninsured motorist coverage either. If there is not an insurance company involved in your car accident litigation, you won’t have to deal with their aggressive lawyers, adjusters, and other professionals who are determined to see your claim is denied. However, you’ll need to worry about the other driver’s solvency, since he will probably be responsible for paying for your injuries. If the defendant is insolvent, it simply means he doesn’t have enough money to compensate you for your injuries. There’s usually no logic in pursuing litigation with an insolvent defendant, even when you can prove he is liable for your losses. It’s a sad fact of life that accidents victims are frequently unable to recover compensation from insolvent defendants that can’t pay up.

Then sometimes a driver involved in an accident, will try to hide his assets, just to give the illusion of being insolvent. If you have a suspicion this may be true in your case, the auto accident attorneys at our Law Office can do an asset check on the defendant to discover how much he is actually worth. We’ll find money if it’s available, and then work to help you obtain your fair share of it.

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Signs An Attorney Is Necessary

Usually, for an auto accident victim to make sure he recovers all his case is actually worth, it requires an auto accident lawyer. It’s possible, on occasion, for an accident victim to handle his claim alone without the help of an attorney. The following is a discussion of some of the circumstances in which the likelihood of you making a full recovery will only be possible by seeking the assistance of an auto accident lawyer.

You’ve Experienced Bodily Harm in the Accident:
If you experienced any bodily injuries in your accident, it’s wise to have an attorney handle your claim. If your injuries require more than one or more visits to a physician, you should call an attorney. When a client seeks damages for bodily injuries, insurance companies don’t have to follow predetermined guidelines when deciding how much to compensate you. Legally, they can decide to give you nothing by default, but having an attorney can change the way they perceive your claim. Call our Law Office for assistance if you’ve suffered broken bones, head injuries, back injuries, or any other type of injuries in your wreck.

The Other Driver is Difficult to Deal With:
If the other driver involved in your accident is difficult to deal with either at the scene of the accident or later, it is advisable to call a car accident attorney. If he doesn’t want to give you his contact or insurance information, that could be an early warning sign he wants to make it as hard as possible for you to recover what you deserve. If this occurs, you should seriously consider hiring an attorney.

The Insurance Company Harasses You or Pressures You to Settle:
If you don’t have a lawyer on your side, insurance companies can be very difficult to negotiate with. In essence, insurance companies are out to protect their own interests, and if you’ve been injured, their interests are diametrically opposed to yours. They will utilize adjusters to attempt to discover ways to deny your claims. The adjusters may also call you frequently, asking innocent-sounding questions about your wreck. Their questions may seem well-intentioned, but they are usually always calculated to pry you into saying something detrimental, that could be used against you to deny your claim. They will record whatever you say to them, and this could come back in the future to haunt you.

We’ve found, at our Law Office, the best avenue for our clients to deal with insurance adjusters is simply to not deal with them at all. We won’t permit adjusters to call our clients. Instead, we take those calls from the adjusters. If adjusters don’t have the opportunity to talk with our clients, they don’t have the chance to twist our clients’ words to use them against them.

In other situations, an insurance company may pressure you to settle your claim for less than your claim is actually worth. While accepting a fair settlement offer can be beneficial to an accident victim, accepting an unfair, inadequate settlement can be devastating for your legal rights. If you accept the insurance company’s settlement offer, you waive your right to sue the defendant in the future for more compensation for your injuries. Since the settlement is all you can collect from the defendant, it’s important not to accept an inferior offer, unless you are certain it is fair and complete.

Insurance companies realize accident victims are often struggling with cash flow issues, because of high medical bills, repair bills, and often being unable to work due to their injuries. So they hope if they dangle reduced amounts of quick cash in front of you, you will grasp it eagerly, and thereby relieve them of any future obligation for further liability. Settlements accepted from insurance companies before having an attorney on your side, are seldom fair, but they are in most cases, binding. Don’t allow the defendant to use this tactic to pay less than what your claim is worth. Call our auto accident lawyers to discover what your case is really worth so you will have a comparison to know if the defendant’s offer is fair.

You Can’t Afford a Physician or Pay Your Medical Expenses:
Many people don’t have health insurance and aren’t able to pay for the medical treatment needed after being in an accident. Even if an accident victim has health insurance, his benefits may not cover the medical treatment he requires. Regardless of having health insurance or not, many accident victims are hesitant to get treatment for their injuries because they are afraid they cannot afford to take time from work to see a physician.

Seeing a physician and receiving treatment for your injuries after an accident is critical to your health and your lawsuit. If you already have accumulated medical expenses you can’t pay, or you can’t afford the needed treatment, there’s a good chance our personal injury lawyers can help. We regularly work in collaboration with physicians and healthcare professionals and can put help you contact a physician who will take your financial situation into consideration. We are also able to help many of our clients get medical care at no out-of-pocket expense to them. And we can explain to you how the time taken off from work for medical care may be compensated by your defendant.

You Have Bad Feeling About How Your Claim Is Being Handled:
Trust your instincts or gut reaction if you have a bad feeling about how your case is being handled by the insurance company. Insurance companies are not in business to help individuals. They’re in business to turn a profit. The more creative ways they can create to deny legitimate claims, the more money they’ll make, the better their bottom line looks. If you have a bad feeling, call an attorney, or if any of these circumstances apply:

The insurance company offers you less money than what’s due on your car loan.
The insurance company extends you a settlement offer before the full extent of medical treatment you’ll need is known.
The insurance company offers to pay your claim when you submit your bills but then refuses to do so.
The insurance company fails to offer you a rental car while your vehicle is being serviced by a mechanic.
The insurance company claims their settlement offer is “all you’re entitled to” or “the most you can hope to get”.
The insurance company takes extremely long to respond to your inquiries (usually this signifies they are investigating the claims behind your back).
If none of those circumstances apply, you possibly can handle your case on your own, without the assistance of an attorney. Sometimes, if a plaintiff has been involved in a accident which resulted in property damage only, they have succeeded in protecting their own rights. If your automobile was damaged, but you are fine, insurance companies are restricted by strict guidelines that delineate what they have to pay you to compensate for the damage to the automobile. Insurance companies have little opportunity to rip you off when they reimburse you for repair bills because these guidelines are so limiting.

If you were in an accident where the car alone has been damaged, take down the contact and insurance information of the other driver and then drive your car or have it towed to a repair shop. The mechanic will bill directly your insurance company and then the insurance company will reimburse or pay him. Then your insurance company will look to the other driver’s insurance company for reimbursement. Sometimes a conflict surfaces between the two insurance companies over which one should ultimately be responsible for the expenses. Often they settle their disagreements with no involvement from you through a process termed subrogation. However, if the damage to your vehicle exceeds $5,000, you may need an attorney to represent you if the insurance companies are indecisive about who is to pay.

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How to Choose The Personal Injury Lawyer Who Is Right For Your Case

With so many car accident attorneys, how can you determine which one is the best choice for your case? Our personal injury and car accident attorneys recommend interviewing two to three lawyers before making a hiring decision. Question each attorney about their track history for settling and litigating car accident cases and get feedback from each attorney about the strengths and weaknesses of your case. See if they can provide names of former clients whose cases have similarities to your case. Don’t hire a lawyer until you’re confident about his experience and competence in handling cases such as yours and confident he is someone you can trust with your case.

The car accident attorneys at our Law Office have been litigating car accident cases for the past two decades and have won favorable settlements and verdicts against nearly every major auto insurer in the United States. Insurance companies know our name, and often, because of our reputation, we can influence them into giving our clients special treatment. Our goal is to make the legal process as easy as hassle-free on our clients and to assist them in recovering as much as possible for their injuries.

Don’t lose your important case because you didn’t think it was necessary to have an attorney in your corner. Call our Law Office for a free consultation. We’ll inform you whether you need a lawyer or not, and the reasons why. We can discuss all the options available to you and explain how we can help you in your case, so you can get back on your feet and move forward confidently into the future.

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Grossman 7/10/20 – Scaffolding Accidents / Workers Comp – gtg

If You’ve Been Injured in a Scaffolding Accident, Call Our Lawyers

Injuries resulting from on the job construction site falls are the most frequent causes of highly damaging and often traumatic occupation death. The dangers of falling from scaffolding are well known by those working in the construction industry, and falls from scaffolding are often the result of a number of factors.

Injuries from scaffolding fall accidents range in cause from defective hardware (such as the use of screws, or bolts improper for the load capacity being supported) or equipment, improper installation or operation of scaffolding equipment, failure to provide proper safety equipment, or improper to inadequate worker training.

If you have lost a loved one in a scaffolding accident, it is in your best interest to know your legal rights regarding compensation for their loss. The Scaffolding Accident Attorneys of our Law Office have been fighting for the rights of those needlessly killed in on the job construction scaffolding accidents, for over 20 years. We can help you determine your most beneficial legal avenue to compensation for funeral, medical, and financial hardship costs incurred as a result of the loss of your loved one. Our attorneys have helped thousands of Texans suffering from the needless death of their loved ones resulting from construction scaffolding accidents caused by negligence. An understanding of Workers’ Compensation Law is essential for determining your legal course of action in pursuit of compensation, and our Scaffolding Accident Attorneys of our Law Office stand ready to assist you.

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Scaffolding Injury Cases: The Potential for Multiple Party Liability

There exists a great potential for third party liability in cases of on the job deaths. With regard to construction scaffolding accident deaths, third parties that may be held liable for compensation for damages arising from a fatal accident may be as likely as a source of compensation for your damages, as the employer under whose responsibility your loved one was wrongfully killed. Liable third parties could include the manufacturer or installer of the scaffold, or the persons(s) responsible for the maintenance of the scaffolding equipment, the general contractor (GC), subcontractors having a physical presence on the job site, or other workers. According to Texas State Law, all companies, and individuals have a legal duty to provide a certain measure of safety, and owe a duty of no harm, to workers designated, or recognized by law as “general employees”. The deceased employee’s employer may also be held liable for damages arising from a fatal scaffolding accident, in addition to third parties. The complexities of pursuing compensation in the event of a fatal work-related injury require the service of an experienced professional legal counsel. Such counsel will be able to fully navigate the tumultuous backwaters of legal code, and case law to determine the most appropriate course of legal action relevant to your case, and will also be able to provide for you a means of protecting your legal right to seek compensation for damages sought. One of the first, and often most formidable obstacles to be assessed and analyzed in your pursuit of compensation for the death of your loved one is that of the Workers’ Compensation Insurance status of the deceased worker’s employer. The pursuit of compensation for the wrongful death of a loved one from an employer subscribing to Workers’ Compensation Insurance, will differ from cases of compensation sought from an employer who does not subscribe to Workers’ Compensation Insurance.

The Complexity of Workers’ Compensation Insurance
Essential to your legal pursuit of compensation is knowledge of the employer’s Workers’ Compensation Insurance status. As mentioned before, this will determine the legal routes by which you may legally pursue compensation for your financial and emotional losses. Your Scaffold Accident Death Attorney will best be able to assist you in determining this essential factor. In Texas, Workers’ Compensation Law has recently been reshaped to be of greater benefit to the employers who have opted to carry Workers’ Compensation Insurance. This has come about as a result of pressure placed upon the Texas Legislature by companies wishing to cap their liability for damages in the event of worker injuries and or fatalities. “Tort Reform”, as it has since been labeled reduces an employer’s liability for further damages sought by injured workers or the families of workers who have been killed on the job for employers who carry Workers’ Compensation Insurance (subscribers). However, do not be misled into believing that you are not legally entitled to sue for damages awarded under Workers’ Compensation simply because of this fact. Even in cases of fatal workplace accidents in which the employer is a subscriber, third parties exist, from whom compensation can be sought. On the other hand, Tort Reform/ Workers’ Compensation Insurance Law punishes employers who did not subscribe to Workers’ Compensation (non-subscribers) by not shielding them from damages sought by injured workers, and the families of workers wrongfully killed in on the job or work-related accidents. Lawsuits arising from the families of workers killed in work-related accidents often provide damages that exceed the customary amounts paid by Workers’ Compensation Insurance. Lawsuits against subscriber and non-subscriber employers are handled differently and involve their own resulting complexities.

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Workers’ Compensation Subscriber Lawsuits

Subscriber employers have the advantage of being shielded against further lawsuits from injured workers and the families of workers killed, and cannot be sued directly by an injured employee, or the family of a worker wrongfully killed on the job. However, if the family of a worker who has been wrongfully killed on the job can prove that the employer’s gross negligence played a crucial role in the death of their loved one, they may be eligible to pursue damages in addition to those awarded by Workers’ Compensation for their losses via a wrongful death lawsuit. Workers’ Compensation pays the worker of the family of a deceased worker a stated amount as compensation for their pain and suffering. However, this amount is usually insufficient to cover the costs incurred and often leave the grieving family without the financial means to recover sufficiently from their emotional and financial losses. Do not be fooled into believing that you are not entitled to take any further legal action to obtain compensation for your loss because the employer of your deceased loved one carried Workers’ Compensation insurance. It is often the case that third parties may also be liable for damages in the event of a fatal scaffolding accident. Your scaffolding accident attorney is more than capable of assisting you in determining a course of legal action most beneficial to the conditions of your case and will utilize his or her high level of experience and professional dedication to help you obtain the fair and just compensation you and your family deserve for your losses. For over twenty years, the scaffolding accident, and wrongful death attorneys of our Law Office have been helping Texas families protect their legal rights, hold those accountable for the deaths of their loved ones, recover damages for their losses.

Non-Subscriber Lawsuits
The families of workers wrongfully killed in scaffolding accidents may pursue damages under a wrongful death lawsuit and only need to prove the employer’s negligence as being the cause of the fatal accident. Facing the potential of unlimited liability in the event of a work-related scaffolding accident, non-subscriber employers often begin building a legal case against the injured or wrongfully killed worker long before any such incident occurs. These employers, along with the legal defense lawyers of any insurance company with whom they may have a policy, will go to incredible and often underhanded lengths to prove that the injured, or deceased worker was responsible for their own injuries, or death. Such tactics may include outright slander, attacks upon the character, work ethic, or mental capability of the worker, or the manipulation of eyewitness statements, or any statements, which do not favor their legal, or financial interests. Another tactic utilized by non-subscriber employers to avoid having to pay damages is the definition of a worker as a “contractor, temporary worker”, or any other than a “general employee”. This is a tactic based upon the knowledge and recognition of the different duties of safety, which employers must provide for their employees. While “general employees” must be provided by law the duty of a safe working environment, contractors and temporary workers must, themselves, see to the safety of their own work environments. The scaffolding accident attorneys have over twenty years of experience in thwarting the tactics of non-subscriber employers and their defense lawyers attempting to avoid liability for damages. We have helped thousands of Texans recover damages for their financial and emotional losses. Do not allow those responsible for your injuries to remain free from justice. Contact our Law Office, and let’s work together to protect your legal rights, and obtain fair and just compensation for the scaffolding death of your loved one.

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Who, Exactly, is Entitled to Legally Pursue Damages Arising from an Injurious or Fatal Scaffolding Accident?

With the right attorney: one who is highly experienced and knowledgeable of case law regarding construction-related injuries and deaths, almost everyone who has been injured, or wrongfully killed at the hands of a negligent employer may be legally eligible and entitled to seek compensation for their pain, suffering, and financial losses. The differing factors pertinent to your individual case will demand that certain courses of legal action be taken. If you have been injured in a scaffolding accident, or have lost a loved one in a fatal scaffolding accident, it is of the utmost importance that you immediately seek out and designate an appropriate legal representative, to protect your legal right to seek compensation, and pursue damages for your pain, suffering, and financial losses. Under certain conditions, even workers designated as “contractors”, or “temporary”, or even workers borrowed from another employer to complete job duties for another employer may be eligible and legally entitled to pursue compensation for any scaffolding injuries or deaths. In these instances, it will be essential to establish the proper and legal definition of the “employer-employee” relationship, and determine the Workers’ Compensation status of the employer.

If you have been injured in a scaffolding accident, or if you have lost a loved one in a fatal scaffolding accident, the Scaffolding Accident and Wrongful Death attorneys of our Law Office are here to help you obtain restitution for your losses. It is unfortunately frequently the case that other law firms overlook the details of a case and refuse to take it, due to inexperience in the field of practice. Our Law Office has specialized in the litigation of Texas Personal Injury and Wrongful Death Law for over twenty years. Our attorneys are well-practiced, and extremely knowledgeable of the legal hurdles, twists, and turns of pursuing personal injury and wrongful death lawsuits, and we have helped thousands of Texans suffering from injuries and the deaths of their loved ones secure the restitution they need to move on with their lives.

In one case of an injured worker’s case being dismissed, a client working on the job site of a stadium renovation project had his foot crushed by a cement spreader went to a Workers’ Compensation Insurance lawyer to have his situation reviewed. He was told, by this lawyer, that because he was a “temporary” worker, that he was not eligible to receive compensation for his pain, suffering, and financial losses. This client then contacted the attorneys of our Law Office, and we were able to properly prove that an “employer-employee” relationship did indeed exist between the client and the defendant. Proof of this relationship allowed us to help him recover damages for his injuries, and hold those responsible for his injuries accountable.

The Scaffolding Accident Attorneys of our Law Office are Here to Help You
Regardless of your situation, whether you are designated by your employer as a contractor, temporary worker, or volunteer, we can help you determine your legal rights, and obtain compensation for construction-related and scaffolding accident injuries, or fatalities. If you have lost a loved one, we can help you and your family hold those responsible for the wrongful death of your loved one accountable for their negligent actions, and secure fair and just compensation for your pain, suffering, and financial losses. Having the Scaffolding Accident and Wrongful Death Attorneys of our Law Office on your side will send a clear signal to those responsible for your pain and suffering. Contact our Law Office today for a free consultation.

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Grossman 4/10/20 – Tire Blowouts / Rollover Accidents – gtg

Contact Tire Defect Attorneys If You’ve Been Injured Due To a Tire Blowout

If you’ve been injured recently in a rollover accident because of a tire blowout, don’t anticipate the recovery compensation process for property damage and injuries suffered to be similar to seeking compensation for a typical car accident.

From a legal standpoint, there are several key differences between tire blowout accidents and other kinds of standard car wrecks. The only way to get the maximum compensation you deserve and to see all liable parties brought to justice is to contact a capable tire defect attorney you can trust.

Rollover accidents often lead to more serious damage to your vehicle and injuries to you and the passengers, but without the right legal representation, your insurance claim could very well be denied. If your case should go to court, there are slight differences in the way these cases are approached, which could confuse an inexperienced attorney and jeopardize your case’s chances for success.

How Are Rollover and Tire Defect Cases Different From Standard Auto Wreck Cases?
For one thing, the chances of multiple responsible or liable parties in a tire defect case are quite higher than a typical car accident. If a blowout causes a rollover, the manufacturer is likely to be held liable for the rollover. In addition, several other factors could have caused the tire to fail, including:

Improper installation and mounting of the tire.
Improper maintenance of the tire.
Whether or not the tire was intended for the vehicle it was installed on.
Besides the manufacturer, any party that was involved in the design, selection, installation, or maintenance of the faulty tire could bear partial liability, at least for the harm created by the blowout. Several other factors involving the manufacturer may have contributed to your accident, such as:

The design of the vehicle’s suspension regarding its resistance to rolling when both static and loaded.
The crash effectiveness of the vehicle related to the ability of its structure to withstand a rollover accident, and especially the firmness and compressive strength of pillars A, B, and C.
The presence and operating function of any additional safety equipment during a rollover.
Many other factors.

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Selecting the Right Tire For a Vehicle Can be Crucial

You may be curious as to why choosing the right tire for your vehicle can be so important. It’s only a piece of rubber, you may be thinking. In reality, the modern tire is one of the most important and complex components of your car. Different layers of varied materials come together in the tire to allow for maximum heat treatment and friction resistance. The ability of the tire to function correctly often depends on a variety of chemical and molecular structures within the tire.

Four springs make up your vehicle’s suspension, and the tires are frequently called the fifth spring because they are very important for the absorption and release of energy throughout your car. Unlike the leaf or metal coil springs in the suspension, tires do not have a fixed spring rate. Basically, if the tire is in good condition and suited to your car, it acts as a good spring, allowing your vehicle to lean as you change lanes or turn, without the car turning over. However, if the tire is worn significantly or not suited for your car, then the tire becomes a poor spring, and the car may easily roll over when turning or even swerving quickly through traffic lanes.

As your car moves down the road, the vehicle’s weight pushes the tires downward into a flat spot that meets the roadway. This is called the contact patch. At the point where the tire stretches to meet the road at the contact patch, friction occurs, causing heat to be released into the tire. It’s similar to the phenomenon where a paperclip heats up as you bend it back and forth. With your tires, the rubber structure can become affected by the combination of heat generated on the contact patch, the heat created by compression of the air under load inside the tire, and the absorption of heat from the atmosphere.

Tires are actually the only parts on your car that make contact with the road. Taking into consideration all the ways heat builds up in and around the tire, and the small size of the contact patch (about the size of a shoe), manufacturers carry a tremendous responsibility for ensuring their tires perform as they are intended. If a manufacturer fails to supply the right tire for a particular vehicle, then rollover accidents are likely to happen.

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Simply Deserving Compensation Is Not Enough

Just suffering an injury in a rollover accident isn’t an automatic guarantee you will be compensated for the harm done. You’ll need the help of a tire defect attorney to investigate your case, find the needed evidence, and support that critical evidence with expert testimony to secure your compensation.

Because there are so many potentially liable parties in your rollover accident, you will need an experienced tire defect lawyer that is familiar with investigating rollover wrecks to determine whose negligent behavior caused your wreck and then to hold them accountable with evidence. At our Law Office, we are aware of how quickly evidence begins to fade after an accident, so we conduct an extensive investigation immediately, sequester and examine all the vehicles involved, and focus specifically on the tires in rollover accidents. We evaluate forensic evidence from the scene, such as skid marks and locate any witnesses or video evidence.

Yet merely having physical evidence is insufficient to win a case in court. You must also be able to convince a jury of the importance and validity of the evidence, and that often requires the testimonies of expert witnesses that interpret the wear and tear on the tires. At our Law Office, for the past twenty years, our tire defect attorneys have been handling rollover accident cases. We’ve developed consulting relationships with numerous experts who can influence the jury and sway them with facts to accept the evidence and conclusions presented to them.

After a Rollover Accident, What Damages Can You Receive?
Although proving a rollover accident caused by a tire defect can be more complex than a standard auto accident, the types of personal injury and wrongful death damages an injured victim or their family can receive are similar to those for other types of accidents.

Injury Resolutions for Rollover Accidents
People injured in rollover accidents can seek compensation for the following:

Property damage
Pain and suffering
Past and future medical bills
Lost wages due to lost work while in recovery
Lost future earning capacity as a result of lifelong disabilities
Just like a wrongful death claim for medical malpractice or work-related accidents, families of those wrongfully killed in a rollover accident can seek compensation for both wrongful death damages and survival damages. The purpose of wrongful death damages is to compensate the loved ones for the losses they’ve personally suffered. These damages may be pursued by spouses, children, parents, and in some instances, siblings. Wrongful death damages may include compensation for all of the following:

Any medical expenses paid by the deceased before they died
Funeral expenses
Loss of financial support supplied to the family by the victim
Mental and emotional trauma
Loss of the unique and irreplaceable familial love and consortium provided by the deceased.
Survival damages allow the closest living relative the opportunity to seek damages the deceased would have been able to pursue if they had survived the accident. This right passes down from the spouse to the children to parents and finally to siblings. It may include compensation for:

Property damage
Medical bills
Lost wages during the time the victim would have missed worked during the recovery process
Lost long-term earning potential because of possible disabilities
Pain and suffering experienced by the victim during the accident
Emotional and mental trauma the victim would have suffered during rehabilitation

The Tire Defect Attorneys at our Law Office Can Help
For an injured victim or the family of someone wrongfully killed in a rollover accident, there are various factors that complicate the process of securing the compensation deserved. Individuals without legal experience and attorneys with little experience have little chance of successfully wading through these highly technical cases. To ensure the best chances of recovery in a rollover case, you need a competent tire defect attorney who has a successful track record and who is familiar with all the complexities involved in these cases.

At our Law Office, our tire defect attorneys have two decades of experience assisting victims of rollover accidents and their grieving family members secure the compensation they deserve for the injury done to them. If you’ve been injured, or a loved one killed in a rollover accident or any other type of tire defect accident, we can help. Call today for a free consultation with one of our tire defect attorneys. We’ll gladly answer any pressing questions you may have and help you start on the road to recovery.

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