DeSoto Car Accident Lawyer
Our Texas Attorneys can Help You Recover Compensation Following a Car Accident in DeSoto or Cedar Hill
Most of us wind up in car accidents at some point in our lives. Sometimes they wind up being your basic fender benders and include minimal property damage. Other times, accidents lead to serious consequences, including lifelong injuries.
Regardless of how small or catastrophic your accident may be, you need to be aware of your rights and how they’re protected. In some car wreck cases you may be fine to handle your rights through self-representation. In other scenarios, it’s good to have a DeSoto car accident lawyer assisting you. In this piece, car accident lawyer Michael Grossman - who assists people in Dallas, DeSoto & Cedar Hill - explains some of the simple facts behind car accident law so you’ll be more knowledgeable about the legal process and if you need to hire a lawyer.
If you have more questions about your legal rights, or if you don’t know if you need a lawyer, call us toll free at 1-855-326-0000. We’ll provide you with our take on your case, at no charge to you.
What it Takes to Win
In litigation dealing with car accidents, the burden of proof is usually with the plaintiff to prove their case. The defendant has the presumption of innocence when it comes to the plaintiff’s injuries. The only chance for a plaintiff to get any form of recovery is when he/she is able to use evidence to show the defendant should face consequences for the plaintiff’s injuries.
Being the plaintiff in a Cedar Hill car accident lawsuit, the first step you’ll need to take to succeed in winning your case is showing that the defendant violated the duty of care you were owed. Nearly all drivers - whether in Cockrell Hill, DeSoto, Cedar Hill or Lancaster - owe each other a duty of care to drive in a manner where they don’t hurt other drivers and pedestrians. If a motorist accidentally or deliberately drivers in a manner that a normal person wouldn’t, even for an instant, he is ruled to have broken his duty of care. Let’s say a person drives under the influence, flies through traffic while moving in and out of lanes or ignoring red lights. Most of the time he will have breached his duty of care.
The next part in the recovery process is that the accident victim has to show his injuries were a result of the defendant’s breach of the legal duty owed to the victim. Many times, other drivers or pedestrians may have participated in your accident, so it’s common for a defendant to attempt to say one of these third parties, and possibly even you, were to blame for the wreck. Showing that the defendant in your case was the cause of your accident usually takes evidence that a DeSoto car accident lawyer can help you find and give to the judge and jury.
The final step is that you’ll need to show that your injuries are ones deserving of compensation. The injuries you’ve sustained from your accident probably seem quite obvious to you. You may have mounting repair bills and hospital bills you’re unable to pay. Perhaps you’ve been in pain every day since the wreck took place. Or maybe you’ve been unable to go back to work since the accident occurred. Just because the severity of your injuries is clear-cut in your mind, don’t think the judge and jury is going to instantly take your word for it. You’ll need to total how much you’re entitled to get compensation for and bring evidence of your injuries to back up your numbers.
The Role of Insurance
Every vehicle in Texas is required by law to carry insurance, but the truth is that several drivers choose to break the law and drive without it. Whether the motorist liable for your accident was insured on uninsured can make a tremendous difference in the result of your case.
If the other driver had insurance, you’ll be working with an insurance company and its adjusters. The positive here is that since an insurance policy does exist, technically there’s also money somewhere to assist you for your injuries. The down side is that this money isn’t going to be easy to access. Chances are you’ll have to fight for it. Insurance companies aren’t around to assist others; they are like any other business that’s around to make money. Whenever the chance arises, insurance companies turn to investigators, lawyers and adjusters in hopes of denying accident victims’ claims or providing accident victims with as little as they possibly can.
However, if one or more drivers in your wreck didn’t have insurance, the motorist who caused the accident may have to pay the bill for your injuries straight from their own pocket. While you don’t have to work with big, well-known insurance companies and their armies of brutal professionals if there’s no insurer working your case, you may encounter a different problem. If the defendant in your case had tons of money, you’d think he would have purchased insurance for his car. A lot of times uninsured defendants are unable to adequately reimburse accident victims for their losses. If you and the defendant in your case are uninsured, a Cedar Hill car accident lawyer can conduct an asset check on the defendant to determine how much the defendant is truly worth, even if the defendant is attempting to hide their resources. If the defendant really is financially unable to pay you, however, there’s not much that can be done to remedy the situation. It’s a sad fact that several plaintiffs can’t recover what should be owed to them from an uninsured driver.
Signs You need a DeSoto Car Accident Lawyer
It’s usually not a good idea to represent yourself after someone else has injured you, but some car wrecks are exceptions. Usually if the only injuries you sustained in a wreck were ones to your car or other property, you’re probably fine to work the claim by yourself. However, if you’ve incurred any kind of physical injury to your body, it’s wise to obtain a lawyer to work your case.
If you haven’t been hurt personally in a Texas wreck, you probably will be able to guard your legal rights without the help of a DeSoto car accident attorney. This is because in cases where you’re dealing with just property damage, insurance companies are forced to follow strict rules when figuring out the amount to compensate victims for their losses. In these instances there’s not a lot of room for insurance companies to find ways to short-change you.
If you’ve been in a car accident and only your car has sustained damage, the first part to recovering for your property damage is to swap information with the other motorist. Make sure you get his contact information and all the necessary details about his insurance. Then take your car, or have it towed, to a nearby mechanic. This mechanic will get the repair bill sent to your insurance company. Your insurance company will pay the mechanic, and then send the bill to the other motorist’s insurance company for reimbursement. Usually the two insurance providers will argue over who should be left with the duty of paying the bill. When this occurs, the two sides will usually come to an agreement on their own, without you having to be involved. If the amount being disputed exceeds $5,000, however, you may have to become involved and probably should get a Cedar Hill attorney to help with your claim.
Cases where you’ve sustained physical injuries are far different because insurance companies don’t need to adhere to guidelines when determining how much to compensate you. In this case, they’re perfectly able to leave you with nothing. If you are wanting to recover, you’ll have to meet the burden of proof like we talked about earlier. If you have physical injuries such as whiplash, broken bones, head injuries, or back injuries, or need more than one doctor’s visit now and in the immediate future, you probably need to think about obtaining a North Texas car accident lawyer to help with your claim. In these cases, having a lawyer on your side can make a difference between getting a huge settlement and ending up with nothing.
Even if your wreck didn’t cause any physical harm, there are plenty of other instances where you could potentially need to retain a lawyer to help with your claims. If you neglect these warning signs and keep pursuing your claim without a DeSoto attorney, you stand the chance of not getting what your case is truly worth.
The other driver causes trouble - If the other motorist in your accident begins causing issues, this could be a sign he’ll make it tough for you to recover anything for your injuries. If a motorist refuses to give you his contact or insurance information, of if he’s urging you to not call the police and report the accident, these could be indications that you’ll need a lawyer to help guard your rights.
You can’t afford healthcare - Following a car wreck, the costs of getting medical care for your injuries can be exorbitant. Lots of people living in and around Dallas, DeSoto, and Cedar Hill don’t have health insurance, and those who do have health insurance may be unable to cover their deductibles or will discover that the treatment they need isn’t covered under their plan. Following a wreck, some accident victims choose not to get the treatment they need because they’re concerned about the financial burdens of taking time off work to get proper medical attention.
If you’ve been hurt in a DeSoto car accident, getting medical attention isn’t just vital for your health, but also critical for your legal case. The DeSoto car accident lawyers at Grossman Law Offices can see to it you get the medical care you need, even if you believe you can’t afford it. We’ll connect you with a physician that will work with you and factor in your financial issues. Along with that, we’ll show you how the wages you lose when you miss work to get medical care can be reimbursed by the defendant you’re facing in your case.
The insurance company tries to pressure you - Insurance companies exist to make a profit, not to be there to help others. Following an accident, insurance companies will apply pressure on accident victims to get them to settle their cases for considerably smaller sums of money. If you take a settlement from an insurance company instead of taking your case to trial, you’ll surrender your legal right to sue the defendant for additional money to compensate you for your injuries. As long as you get an honest settlement offer, a settlement is a very positive thing - you get your money quicker and without the unknown factors that could come with a jury trial. However, if you take an unfair settlement offer, you’ll permanently waive your rights to obtain what your case is truly worth. Don’t trust an insurance company that offers to settle your case before you’ve retained a Cedar Hill auto accident attorney. Always have settlement offers examined by a lawyer before you choose to take them.
Along with that, you need to consider getting a DeSoto attorney if the insurance company involved in your case chooses to act in one of the following ways:
- Harassing you with excessive phone calls and non-stop questions.
- Attempting to get you to admit you’re not hurt or that the accident was your fault.
- Choosing not to give you a rental car while yours is still at the mechanic’s.
- Giving you a settlement offer and saying it’s “more than you’re entitled to” or “the best they can do.”
- Saying they will pay for your medical or repair expenses after you’ve submitted them for payment, then choosing not to pay once you’ve sent them in.
You have a bad feeling about how your case is being worked - If you don’t like how your claim is being worked by the insurance company, trust your gut! You need to remember that the insurance company’s motives are in direct opposition to yours. While you’re attempt to get what’s fair for the injuries you’ve sustained, they’ll be working hard to turn your claim down or give you as little as possible. If you’re concerned about how your claim is being dealt with, call the Cedar Hill car accident lawyers at Grossman Law Offices. We’ve succeeded in cases and settlements against virtually every big insurance company in the country. Insurance companies are aware of us. We can get their attention and make sure your claim is worked in an honest and ethical manner.
How to Choose the Right DeSoto Car Accident Lawyer for Your Case
There are plenty of lawyers in the DeSoto area. Getting the right one for your case may be like a daunting task. While the process of getting a lawyer is critical, it doesn’t need to be overwhelming. At Grossman Law Offices, we tell people you need to talk with two or three lawyers before you decide on which one should work your case. You need to learn about their track record for earning settlements and succeeding in cases similar to yours. You need to learn what they believe the strengths and weaknesses are with your case, and see if they can help you talk to another client who had a case much like yours. Bottom-line: You need to find a lawyer who has the track record of winning cases like yours and who you find is trustworthy.
At Grossman Law Offices, our Cedar Hill car accident lawyers have been working car accident cases for the past two decades. We’ve seen all manner of accidents and forms of injuries. Odds are we’ve probably already worked a case much like yours and we’re used to working with the very insurance company that’s involved in your case. In virtually every DeSoto car accident case our DeSoto lawyers take, we deal with every detail of our clients’ claims. Some of the things we offer in all our cases include the following:
- Totaling how much your medical bills will come to and delivering a demand to the defendant for that sum prior to your bills being due.
- Doing an investigation to discover all of the parties that were involved your wreck, from drivers to pedestrians, passengers, parts makers and others.
- Demanding all calls from the insurance company and their adjusters so you don’t have to keep dealing with their harassment.
- Submitting your medical and repair expenses straight to the insurance company, so you can focus on your recovery and not on paperwork and impending deadlines.
- Obtaining and securing evidence like photos, witness statements, police records and measurements that will be helpful in proving your case.
- Making sure you get medical care, even if you believe you don’t have the money for a doctor.
- Using our reputation to apply pressure on the insurance company to provide you with the biggest - and most ethical - settlement possible.
- Acting as mediator for your case.
- Going to trial if it’s required.
If you want additional information about what our DeSoto car accident lawyers can do to assist you or if you want a free personal consultation, call us toll free at 1-855-326-0000. Our team is here 24 hours a day, seven days a week to take your call. We’d love to explain your options and show you how we can assist you.