Richardson Car Accident Lawyer
Car Accident Lawyer Michael Grossman Discusses the Basics of Car Accident Cases
Just about everyone will end up being involved in a car accident at some point in their lives. Some of these accidents will just be a minor fender bender that results in some scrapes, a little paint damage, or maybe it didn’t even do that much damage. Other times, these accidents lead to very serious injuries that can last a lifetime.
No matter what the severity of your accident might be, you will need to understand how to protect your rights. There are some minor accidents, as we mentioned, that can be taken care of on your own. Other times, when an accident involves more severe injuries, your best option is to retain a Richardson car accident lawyer for your case. Following is an article provided by Richardson car accident lawyer Michael Grossman in which we will explain some of the basics that will be involved in a car accident case so you can better understand the legal process and whether you need legal representation.
If you have more questions about the particulars in your case or if you are undecided on your need of a lawyer you can call us toll-free at any time at 1-855-326-0000. We can provide you with a free and confidential consultation about your case.
THE FACTS NEEDED TO PROVE YOUR CASE
In any personal injury lawsuit, including those dealing with car accidents, the burden of proof will be with the plaintiff. The defendant is not to be presumed to have any guilt or liability for the injuries until the plaintiff can provide credible evidence that it was the defendant that was responsible for their injuries. It is only then that a plaintiff will have a chance to be compensated for their injuries.
The first thing that a plaintiff must do in order to win their case is to provide evidence that the defendant violated the duty of care which the plaintiff was owed. Most drivers owe other motorists on the road a duty of care to drive in a responsible way in order to make certain that other drivers and pedestrians are not harmed. If a driver operates a car in a manner that a normal person would not, whether accidentally or willfully, even for an instant, the driver will have violated their duty of care. A defendant that has done things such as driving while intoxicated, exceeding the legal speed limit, swerving across lanes, or running stop signs or red lights, that person will usually have violated their duty of care.
The next thing a plaintiff will have to do to help recover damages in a car accident case is to show that the injuries they suffered were a result of the defendant’s violation of the legal duty that was owed to the plaintiff. There could be multiple parties that were responsible in some way for your accident and often a defendant will try to shift the blame to another party, sometimes even the accident victim, so they can escape responsibility when an accident has occurred. It will take credible evidence to prove that the defendant was liable for your accident that only a Richardson car accident lawyer can help you obtain and present to a judge and jury.
And finally, you will have to prove that your injuries deserve compensation. The injuries you have received most likely are very evident to you. You probably have mounting repair bills and medical bills that you might not be able to afford to pay. You might also have lingering pain because of your accident. Just because these injuries are obvious to you does not mean that you can assume that a judge and jury will automatically side with you. You will have to have a total of the amount to which you are entitled for compensation and then provide evidence that supports the total you have presented. The defendant will also have an amount that they think you are entitled to receive in the event that you win your case. The damages amount that a defendant comes up with will always be much lower than an accident victim’s amount. It will be crucial to provide evidence that your damages amount is correct in order to get the full and fair compensation you deserve for your injuries.
THE INVOLVEMENT OF AN INSURANCE COMPANY IN YOUR CASE
By law, every vehicle must have insurance but often drivers will choose to ignore this law and drive without an insurance policy. Whether a driver is insured or uninsured can be a huge factor in the outcome of your case.
If the driver in your accident had insurance, you will be negotiating with the insurance company’s claims adjuster. The benefit of this is that if there is an actual insurance policy, there should be funds somewhere that will serve as compensation for your injuries. The drawback for this is that getting those funds will take time. Most likely you are going to have to fight to receive the money. Insurance companies are not in business to help an accident victim. Like every other business, they are around to make money. If they have a chance, an insurance company will deploy their investigators, attorneys and claims adjusters to try to find a way to deny an accident victim’s claim or try to get a victim to accept a pitifully small settlement offer.
In the event that your accident involves one or more parties that do not have insurance, the motorist that is responsible for the accident will have to pay for the cost of your injuries out of their own pocket. While there will be no stress from dealing with an insurance company with their team of aggressive claims adjusters, there will be other challenges that are present. If the defendant in your case has money, most likely they would be carrying an insurance policy on their vehicle. Many times, an uninsured defendant will not have the means to compensate an accident victim for their injuries. In the event that the defendant in your case does not have insurance, a Richardson car accident lawyer can do an asset check on the defendant to get an idea of the defendant’s actual worth, even if they attempt to cover up their resources. If a defendant does not have the financial means in which to compensate you for your injuries, there is not much that can be done in this that situation. Unfortunately, there are many times that a plaintiff will not have the ability to get the compensation they deserve for their injuries from an uninsured driver.
THE NEED FOR LEGAL REPRESENTATION
There are times in car accident cases where representing yourself is no problem, but when you have been injured by someone else, it is not a good decision. If the only injuries that are involved in a car accident case are to your vehicle, it is possible to handle this on your own, but if you have been physically injured it is always better to seek legal representation.
If you have not been injured physically going it alone is usually fine because insurance companies have a set of strict guidelines they must adhere to when deciding on compensation when only damage to your vehicle has occurred. There is little gray area in this type of accident that would allow the insurance company to give you a lowball offer or cheat you on the compensation you deserve for your vehicle’s damage.
In an accident case that only involves damage to your vehicle and not to your person, the first thing you have to do is to swap information with the other motorist. You need to get the other motorist’s contact information as well as their insurance information. Then get your damaged vehicle to a mechanic and a mechanic can send a repair bill straight to your insurance company. Following that, your insurance company will pay the mechanic for his services and then they will deliver the bill to the other driver’s insurance provider in order to be reimbursed. Sometimes these two insurance companies will have an argument over who has the burden of covering the bill and generally these two insurance companies will find a compromise without involving you at all. In a case that the damages exceed $5000, you might have to get involved and may need to hire an attorney for assistance in your case.
When an accident has caused physical injuries, the case can be quite different because insurance companies don’t have guidelines that must be followed in order for you to receive compensation for your injuries. The fact of the matter is they don’t have to give you a penny. In order to recover any damages you will have to meet your burden of proof. If you had injuries such as broken bones, head or back injuries, or whiplash, or had to make more than one doctor’s visit, you probably should obtain the services of a Richardson car accident lawyer to help with your claim. In these instances having an attorney to assist you can mean the difference between getting a fair settlement and getting nothing at all for your injuries.
Even if you believed you had no physical injuries following your accident, there are times that you should think about getting legal representation. Any attempt to receive compensation without an attorney means you have very little chance of receiving the true value of your case. Some instances where you might need legal representation but you had no physical injuries include:
- The other motorist involved in your accident is difficult - If the other motorist that was involved in your accident is being uncooperative or difficult it could mean that he plans to fight your attempts at getting compensation. This individual might choose not to give you contact information or insurance information or they attempt to get you to not call the police for an accident report. This could be a sign that you will need legal representation so that you can protect your rights.
- You are unable to get medical attention - After a car accident, getting treatment for your injuries can get very expensive very quickly. Many people in or around Richardson cannot afford health insurance and there are those that have health insurance but might have difficulty in paying their deductible or find that the treatment which is needed is not included in their health care plan. Sometimes an accident victim will choose to forgo treatment altogether out of worry that the additional financial burden that will occur if they have to miss work in order to get proper medical attention.
Receiving medical attention after being in a car accident is not just important for your physical well-being, it is also critical for your legal case. The Richardson car accident lawyers at Grossman Law Offices will make certain that you get the proper medical attention that you need, even if it is something you are unable to pay for on your own. We can get you the medical attention you need from a doctor that can assist you and take your financial situation into consideration. If you have to miss work in order to seek medical attention, there are ways that you can be reimbursed for that missed time by the defendant in your case.
An insurance company attempting to pressure you - An insurance company is in business to make money and not to be helpful to an accident victim. After an accident, insurance companies sometimes will attempt to pressure or trick an accident victim into taking much less compensation than what their case is actually worth. If you agree to a settlement with an insurance company and do not go to trial, you waive your legal right to file a lawsuit and get the full compensation you deserve for your injuries. Getting a settlement can be a huge benefit if it is fair and ethical because it will allow you to get your funds much more quickly and not have to face the uncertainty of a jury trial. But, if you take a poor settlement offer, you will forgo your chance to pursue the true worth of your case. You cannot trust an insurance company to give you a fair settlement before you have obtained legal representation. It is important to be certain that any settlement offer be examined by a lawyer before you sign anything.
Along with these items, it would be best to obtain legal representation if you see an insurance company acting in any of these ways:
- Making nonstop phone calls and harassing you with a barrage of questions.
- Trying to get you to say that you were not injured, or that the accident was somehow your responsibility.
- Not allowing you to get a rental car while your vehicle is being worked on in the shop.
- Making a settlement offer with a claim that it is more than you deserve, or that is the best offer they can make.
- Stating that they will cover your medical costs and repair bills but deciding they will not after your bills have been faxed or mailed to the insurance company.
If you get the feeling that your claim is not being handled properly, you should always listen to your first instinct. Remember that the insurance company has completely different motives and intentions from you. You want to get what is fair to help with your injuries and they want to deny your claim or give you as little as they can get by with paying. If you think your claim is being mishandled, you can speak with the Richardson car accident lawyers at Grossman Law Offices. We have faced and defeated every major insurance company in the nation and have gotten fair settlements from each of them. The insurance companies recognize our name and know of our history and reputation for success. We know how to make certain that your claim will be dealt with in an appropriate manner so you have the best opportunity to get the full and fair compensation you deserve for your injuries.
CHOOSING THE RIGHT RICHARDSON CAR ACCIDENT LAWYER FOR YOUR CASE
There are many lawyers and law firms in the Richardson area. Deciding which one is the best fit for your case can be overwhelming. Choosing the right attorney is critical but it should not be so stressful. At Grossman Law Offices, we often tell prospective clients to interview anywhere from 2 to 4 attorneys before making a decision on who would be best to represent them in their case. It is important to find out a little about each of these attorneys, their history, and their winning record in cases such as yours. Find out what they think are the strengths and weaknesses in your case and asked to have contact information from a client they previously represented that had a case similar to yours. You will need to focus on finding an attorney that you can trust that has experience in winning cases just like yours.
At Grossman Law Offices, our Richardson car accident attorneys have been involved in litigating car accident cases for more than 20 years. We have seen all manners of injuries and more than likely we have handled a case very similar to yours in the past and have probably even worked with the insurance company with which you are dealing. In almost every case, we take full responsibility and care to be involved in every aspect of the claim.
If you would like more information about how our Richardson car accident lawyers can assist you, call us toll-free at 1-855-326-0000 for a free and confidential consultation. Our legal team is available 24 hours a day, every day of the week, in order to take your calls. We will be happy to discuss your legal options and the ways in which we can help you receive the compensation you deserve for your injuries.