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​Why Do You Need a San Antonio Injury Accident Lawyer?

by | Oct 28, 2022 | Uncategorized | 0 comments

The personal injury scope is vast and requires the experience of a personal injury lawyer in San Antonio. The claim process moves quickly, and you will get a lot of paperwork, especially after a motor vehicle accident. You can attempt to complete the paperwork independently, but these documents will make or break your case. If you misfile the paperwork, it can cause you to lose your claim before it even begins. While the paperwork seems simple, you will need the help of a San Antonio personal injury lawyer.

While each San Antonio case is unique, most personal injury cases involve your San Antonio injury lawyer negotiating with the at-fault party’s insurance company. The insurance company will request medical documents and have you sign forms. Additionally, the insurance company will send you an offer within weeks so you can sign a release and give up your right to compensation. Many victims believe they can trust the insurance company and do not always read what these documents are.

Personal Injury Law Covers Many Topics

Personal Injury Lawyer in San AntonioPersonal injury law in San Antonio covers a range of accidents and potential negligent parties. There is property damage and medical expenses to consider. You can lose your job due to an injury; many other intricacies will contribute to your claim and change your life. Not having legal representation or having the wrong lawyer can significantly hurt your recovery.

There are many ways you can find yourself in an accident and suffering an injury

You might find you are in an accident that is not discussed here, and if you are unsure whether your accident falls under personal injury, you must seek legal counsel. Suppose your accident does fall under the personal injury umbrella. In that case, your lawyer will identify the at-fault party, file a claim considering the Texas statute of limitations, and build your injury case.

Your Injuries Are Severe

You can suffer injuries ranging from a broken finger to a traumatic brain injury. Most incidents result in back or neck injuries. When injuries are catastrophic, the stakes are raised. Medical expenses will be extensive, whether the injury is minor or catastrophic.

Some of the most common injuries in personal injury cases are:

Sometimes, it might seem like your injury is minor, but after some diagnostics, you will find the injury is much more severe than you initially believed. If the injury is debilitating, you might be unable to work or accomplish daily tasks. These restrictions mean you will need to have in-home assistance and modifications. You will also need income to supplement the fact that you can no longer work in the same capacity you once did. It is vital to have an adequate settlement because the rest of your life and comfort will be contingent on the outcome of your lawsuit. ​

The Insurance Company is Not on Your Side

When you sign an insurance policy, you assume that the insurance company will work for you and defend your best interests. Unfortunately, the insurance company will do the opposite when an accident occurs. They will work day and night to find a way to delay or deny claims. The insurance company has defense lawyers on retainer to find ways to lower your claim.

Protect yourself and hire a San Antonio personal injury attorney. The insurance company has a lawyer fighting against you, so you should also have protection. There are laws in place to mitigate what the insurance company can do, but the law does not change the insurance company’s motives.​

There is a Statute of Limitations

While you think you have time after an accident, the law says otherwise. You need a San Antonio personal injury lawyer to ensure you do not miss filing deadlines. The statute of limitations in San Antonio is the maximum time you have to file a claim. While the statute is two years, there are many time concerns before then.

You do not have much time to contact a personal injury lawyer because, in addition to filing deadlines, you must consider that evidence can disappear. Witnesses might also have cloudy memories if you wait too long to contact them.

There are rare exceptions to a statute of limitations. For example, if the accidsent was the cause of an injury you discover later, the deadline can extend. The clock will start ticking when you learn or should have learned about your injuries. However, never assume an exception will apply to your case. Instead, allow a San Antonio personal injury lawyer to assess your situation and the time frame for filing a lawsuit if necessary.

There Are Extensive Damages Available

Even a minor accident can result in extensive injuries. Most injury victims believe the only damages they will have are medical expenses. The truth is you will suffer many other damages after an accident. While the medical portion of your claim will get the most attention, different losses are also essential.

You might need to miss work, along with experiencing serious pain and suffering. Knowing the damages in your case is not easy without the assistance of your personal injury lawyer in San Antonio.

Many damages fall under these categories

  • Existing medical expenses: All the treatment you have gotten to this point, such as physical therapy, rehab, medication, medical devices, and surgeries.
  • Physical pain and suffering: The physical pain and how it affects your daily life. You can provide a pain journal to fortify these damages.
  • Future medical care: Serious conditions requiring more treatment must also be considered.
  • Mental anguish: There are more than just physical consequences; there are also mental and emotional conditions you will contend with. Post-traumatic stress disorder and other psychological trauma can stay with you for life and cause you to miss out.
  • Property damage: All property lost in an accident, such as clothing, electronics, and vehicles, are recoverable damages.
  • Lost quality of life: With a severe injury, you will be unable to enjoy life as you did before. It is important to compare how much you enjoyed life before and after the injury to prove the loss of quality.
  • Punitive damages: In cases of extreme disregard, the judge can award punitive damages to punish the at-fault party. It is damage that does not always result in financial compensation.

Your lawyer will work to find every possible compensation avenue available so you can pay for your expenses and live comfortably. You will have surety that the settlement will pay for future medical expenses.

Proving Negligence

Even when the case seems clear-cut, many intricacies and laws might not work in your favor. You need someone working to prove the other person is negligent so you can receive compensation for their actions.

There are vital elements your lawyer must prove to solidify your claim. At the center of all San Antonio personal injury lawsuits is the principle of negligence. Negligence happens when the person owes you a duty of care and breaches that duty. Due to the violation, you suffer an injury and damages.

While negligence might sound like a simple concept, it is not. You must provide sufficient evidence of the liable party’s conduct and that negligence was a direct cause of your injury. If the insurance company finds another potential reason for the accident, they can shift the blame and deny your claim. Without properly proving negligence, getting reimbursement for your injury and losses can be difficult. You will need a San Antonio personal injury attorney who can sufficiently prove negligence and pursue a successful claim on your behalf.

A Loved One Has Died

According to the National Safety Council, the top three causes of death are poisoning, falls, and motor vehicle accidents. These three preventable causes comprise 86 percent of all avoidable deaths. Wrongful death claims can result if someone else was to blame for a close . No matter how much your settlement is, it does not bring back your loved one.

The damages you can obtain in these lawsuits are slightly different than other cases because your San Antonio personal injury lawyer must account for funeral and burial expenses and loss of companionship. These are not easy to calculate, but you must. Not all family members can file a claim; typically, it will be the spouse or children of the deceased. If those two parties are absent, the deceased’s parents can file a claim. You need a compassionate lawyer who can also relentlessly fight for justice for your loved one. ​

The Legal Process is Complex

Filing an injury claimThe personal injury legal process has many steps, and you must go through each step before you can settle. Some claims will settle early on, while others will go much further. A critical step is a consultation with a personal injury attorney in San Antonio. During the consultation, your attorney will discuss your accident’s good and bad aspects. You should bring all relevant documentation regarding your claim to get an accurate idea of what to expect.

Once you sign up with a law firm, the investigation and evidence collection will begin. The law firm will start to determine the fault and reconstruct the accident. They will also consult experts, review surveillance videos, and speak with witnesses. Additionally, your personal injury lawyer in San Antonio will also file documents to preserve and protect evidence.

During the investigation process, your lawyer will file your lawsuit with the local court. However, a case may not be necessary because the insurance company will try to settle in the pre-litigation phase. Settlement negotiations will occur between your lawyer and the insurance company’s lawyer.

Before going into negotiations, your personal injury lawyer in San Antonio will calculate how much your claim is worth depending on your injuries, losses, fault, and insurance limits. While most cases will settle during negotiations, some will get much farther. Even if you go into litigation, your lawsuit will settle nine out of ten times during mediation.

If the insurance company is unwilling to offer a fair settlement and all other options have been exhausted, your case will go to trial. Remember that the case can settle until the first day of trial. However, if it is necessary to go to trial, the judge or jury will hear the case. Both lawyers will present evidence of their cases to get a favorable outcome.

If you do not get a favorable result at trial, there are post-trial motions you can file like an appeal. There is no way to tell where your case will go, so it is essential to hire a San Antonio personal injury attorney with trial experience and a history of favorable settlements. Even if the case does not reach the point, it offers you peace of mind knowing that you will have protection if it does. ​

Contact a San Antonio Personal Injury Lawyer Today

paula a wyatt attorney wyatt law firm san antonio

San Antonio Personal Injury Accident Attorney, Paula A. Wyatt

An accident in San Antonio will take substantial time, from going to different doctor appointments to working with insurance companies. You will also need to miss work or use your vacation time to attend meetings and doctor’s appointments.

When you have a personal injury lawyer on your side, they can handle the entire insurance claim and legal process, so there is no additional stress on your life. In fact, hiring the right attorney can relieve stress, as you can rest assured that someone is handling your claim and pursuing compensation for you.

You do not lose anything by meeting with a lawyer, as personal injury lawyers offer free consultations. You do not pay any upfront fees. Additionally, a personal injury lawyer in San Antonio does not get paid unless they settle your claim. Schedule a consultation today with a personal injury lawyer in San Antonio.