Garland Car Accident Lawyer

Garland Texas Accident Lawyer Michael Grossman Discusses the Basics of a Car Accident Case

At some point all of us have to deal with the headache of being in a car wreck. Sometimes these incidents are your standard fender benders that cause minimal property damage. Other times, accidents lead to severe injuries with life-long problems.

No matter the size or severity of your wreck, you need to take the proper steps to make sure your rights are looked after. In some car accident cases you’ll do just fine to fight for your own rights. In other matters, though, it’s better to have a car accident lawyer on your case who helps citizens in Garland, Mesquite and Rowlett. In this piece, Garland car accident lawyer Michael Grossman expounds on the basics of car accident law so you’ll have a better understanding of what’s involved in the legal process and if you should consider hiring a lawyer.

If you have more questions about your legal rights, or if you don’t know if you need to obtain legal representation, call us toll free at 1-855-326-0000. We’ll give you our take at no cost to you.

What it Takes to Win

When it comes to cases pertaining car accidents, the burden of proof is with the plaintiff to prove his or her case. The defendant has the presumption of innocence automatically with the plaintiff’s injuries. The only way for a plaintiff to obtain compensation is for him or her to use factual, credible evidence to prove the defendant should be held liable for the plaintiff’s injuries.

When you’re the plaintiff in a car accident lawsuit, the first step in prevailing in your case is to show the defendant violated a duty of care that you were owed. Most every driver owes each other a duty of care to drive reasonably so they can avoid hurting other drivers and pedestrians. If a motorist drives in a way that is accidental or intentional and unlike the behavior or a reasonable person, even for a nanosecond, that individual is deemed to have broken his duty of care. For example, if a person drives while drunk and speeds through traffic, crosses lanes recklessly, then runs a red light, they will have breached a duty of care.

After that, in order to recover, an accident victim must show his or her injuries were caused by the defendant’s breach of the legal duty they owed the victim. One of the most common tactics we’ve dealt with here is for defendants to turn and shift blame to other drivers or pedestrians, an even you, in who was to blame for the accident. Proving that the defendant in your case was responsible for your injuries takes evidence that a Garland car accident lawyer can help you locate and offer up to the judge and jury.

The last step is that you’ll need to show you sustained injuries and need compensation. The injuries you’ve sustained from your accident are likely very overwhelming and noticeable. You probably are also looking at mounting repair bills and hospital bills you have no way to handle. Maybe you’ve endured severe pain since the wreck took place. Or maybe you haven’t been able to go back to work since the accident took place. Just because your injuries may seem obvious, don’t assume the judge and jury will automatically believe you. You’ll need to total how much you’re entitled to in terms of compensation and bring evidence of your injuries to back up those figures.

The Role of Insurance

Texas state law requires every vehicle to have insurance, but the truth is that several drivers choose to break the law and drive without it. Whether the driver has insurance or not can play a huge role in your case’s outcome.

If the other motorist had insurance, you’ll be handling your claim with an insurance company and some adjuster. The upside here is that because there is an insurance policy, then technically there’s money to provide you with compensation for your injuries. The tough part is that it will probably be challenging to get a hold of it. Chances are you’ll likely have to fight for it. Insurance companies aren’t around to be helpers; they are businesses that just like any other are around to make money. Whenever they have the ability to do so, insurance companies will turn to investigators, lawyers, and adjusters in an attempt to deny accident victims’ claims or give accident victims as little money as they can under the law.

On the flip side, if one or more drivers in your accident weren’t carrying insurance, the driver who caused the wreck may have to pay the bill for your injuries out of their own pocket. While the headache of dealing with big-time insurance companies and their legion of workers won’t be an issue, you could have to deal with an entirely different issue. If the defendant involved in your case had tons of cash, they probably would’ve already been carrying insurance. What happens many times is that uninsured defendants have no means in which to pay victims for their losses. If you and the defendant in your case both don’t have insurance, a Garland car accident lawyer can do an asset check on the defendant to determine the defendant’s real worth, even when he/she is trying to secretly hide those assets. If the defendant really has no means in which to pay you, though, there’s not much you can do to solve this issue. It’s a tough thing that several plaintiffs don’t have the means to recover what they should get from an uninsured driver.

Signs You Need a Garland Car Accident Lawyer

It’s not usually a wise idea to elect self-representation after you’ve been hurt by someone else, but some car wreck cases provide exceptions to this concept. Usually, if the only injuries you sustained in an accident were injuries to your car or other vehicle, you probably have the ability to work the claim by yourself. On the other hand, if you were physically injured, it’s probably best to retain a lawyer.

If you haven’t been personally hurt in a wreck, there’s a chance you can guard your legal rights without the help of an attorney. That’s because when it comes to those cases where you’re dealing with just simple property damage, insurance companies have to follow rigid guidelines when figuring our how much to provide accident victims for their losses. In these scenarios there’s not much ability for insurance companies to find loopholes and short-change you.

If you’ve been in a wreck and only your car sustained damage, the first thing you must do in order to be compensated for your damaged vehicle is to swap information with the other motorist. It’s critical to get his/her contact information and all the necessary information about their insurance carrier. After that you need to drive your car, or get it towed, to a nearby mechanic. The mechanic will then be the one who sends you repair bill to your insurance company. Your insurance company will then deal directly with the mechanic, and then send another copy to the other motorist’s insurance company for reimbursement purposes. Occasionally there will be instances when the two sides will argue about who gets to foot the bill. In these cases what usually happens is the two companies come to some resolution on their own, and you won’t have to get involved. If the sum exceeds $5,000, however, you probably need to get involved and will need to retain a lawyer to help with your particular claim.

Those cases where you have been physically injured are far different to deal with since insurance companies don’t have to follow certain rules when it comes to how much you should be compensated. The harsh truth is that they have every reason to not pay you a dime. If you want to get any compensation, you’ll have to meet the burden of proof like we talked about earlier. If your injuries are physical in nature, like whiplash, broken bones, head trauma, or back injuries, or lead to multiple doctor visits now and in the foreseeable future, you need to seriously consider hiring a Garland car accident lawyer to help with your claim. When you deal scenarios such as these, having a lawyer to assist you along the way can be the different in getting a sizable settlement and ending up with nothing.

Even if your wreck didn’t leave you with any physical injuries, there are plenty of other reasons why you may need a lawyer to guide you through your claim process and assist you. If you don’t heed caution in these situations and keep looking into your claim without an attorney, you stand a chance at not getting the true amount of what your case is really worth.

• The other motorist harasses you: If the other motorist in your accident starts to harass you in any manner, this could be a sign that they’ll make it hard for you to get compensated for your injuries. If a motorist decides not to give you his/her contact information or insurance details, or if they try and persuade you to not contact the police and report a wreck, these could be indications that you’ll need an attorney to help ensure your rights.

• You don’t have the money for healthcare: After a car wreck, the totals can skyrocket when it comes to treatment for your injuries. A lot of people living in Garland, Mesquite and Rowlett don’t have health insurance, and those who may have it may not be able to cover their deductibles or the treatment they’ve discovered isn’t covered under their plan. When a wreck happens, some accident victims choose not to get any treatment due to worries with taking time off from work and getting proper care.

  If you’ve been hurt in a car accident, getting proper medical attention isn’t just vital to your well-being but also necessary for your legal case. The Garland Texas car accident lawyers at Grossman Law Offices can see to it you get the medical attention you deserve, even if finances are an issue. We’ll connect you with a doctor who will assist you and factor in the circumstances of your particular situation. Along with that we can help you understand how any wages you lose from time off for getting medical care can be reimbursed later by the defendant in your case.

• The insurance company attempts to pressure you: Insurance companies exist like any other business in that they want to turn a profit. It’s not just about helping people. After accidents take place, insurance companies will usually try to pressure accident victims in an attempt to get them to take settlements for smaller amounts. If you take a settlement from an insurance company instead of choosing to head to trial, you’ll lose your right to sue the defendant for considerably more money to help you with your injuries. As long as you get a settlement that’s fair and honest, a settlement is a plus - you’ll wind up with your money much faster and without worrying about the uncertainty that comes with dealing with juries. However if you elect to take an unfair settlement offer, you’ll then negate your right permanently to pursue what your case is truly worth. Don’t take the word of any insurance company that tries to settle your case before you’ve retained legal representation. Always have any offers examined by an attorney before you choose to accept.

  Along with all those details, you need to also consider hiring an attorney if the insurance company in your case decides to do any of the following:

  • Harasses you with excessive phone calls and non-stop questions.
  • Attempts to get you to admit you’re not hurt or that it was your fault the accident happened.
  • Provides you with a settlement offer and then says it’s “more than you’re entitled to” or it’s “the best they can do.”
  • Saying they will cover your medical bills and repair costs after you send them in for payment, and then denying to pay you after you’ve delivered them.

• You have an uneasy feeling about the way your case is being handled: If you don’t like the way your claim is being handled by the insurance company, trust your gut! Always remember that the insurance company’s top objective is totally opposite of yours. While you’re attempt to obtain what’s honest for your injuries, they’ll be tirelessly working at trying to shoot down your claim or give you as little as they can. If you’re concerned with the manner in which your claim is being worked, contact the Rowlett car accident lawyers at Grossman Law Offices. We’ve prevailed in countless cases and settlements featuring several well-known insurance companies throughout America. Insurance companies are aware of us and we know how to get their attention and make sure your claim is handled responsibly.

How to Choose the Right Garland Car Accident Lawyer for your Case

There are countless lawyers in the Garland, TX. Getting the one who’s right for your case may seem like a daunting challenge. While finding an attorney is serious business, it doesn’t need to be overwhelming and exhausting. At Grossman Law Offices, we tell people you need to talk to two or three lawyers before deciding on who you want to work your case. You need to learn about each attorney and their track record with working and settling cases similar to yours. You need to ask them what they believe are the strengths and weaknesses in your situation, and ask if it would be possible to talk to another client they helped who dealt with a similar accident. Bottom-line: You need to find a lawyer you can trust and who has plenty of experience with these cases.

At Grossman Law Offices, our Garland car accident lawyers have been working car accident litigation for the past two decades. We’ve dealt with all kinds of accidents and all manner of injuries. In all likelihood we’ve had a case much like yours and we’re used to handling negotiations with the exact insurance company you’re dealing with. In every car wreck case our attorneys get, we take care of every detail involved both big and small. Some of the things we offer in every case we take on include the following:

• Totaling how much your medical expenses will come to and delivering a demand to the defendant to pay that sum before your bills are due.
• Doing investigations that will help us determine all the key parties responsible for your wreck, including motorists, pedestrians, passengers, parts makers and other key people.
• Demanding to get every call from the insurance company and their adjusters so you don’t get harassed by them.
  
• Delivering your medical repair bills directly to the insurance company so you can focus on getting better instead of being swamped by paperwork and meeting deadlines.
• Obtaining and securing key evidence like photos, witness interviews, police records and measurements that will be essential in proving your case.
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• Making sure you get medical treatment even if you didn’t think you have the money to see a doctor.
• Putting our reputation to work to pressure the insurance company into giving you the biggest settlement possible.
• Acting as mediator in your case.
• Heading to trial with your case if it’s necessary.

If you are seeking additional information about what our Garland auto accident lawyers can do to assist you or if you’d prefer a free one-on-one consultation, contact us at 1-855-326-0000 (toll free). Our team is here around the clock to take your calls, no matter what day of the week. We’d love to help you understand your options and how we can assist you with your case.