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Why Do You Need a Personal Injury Attorney After an Accident?

by | Jul 16, 2023 | Personal Injury |

Life is unpredictable, and when an accident occurs, grappling with the aftermath, including all the physical, emotional, and financial repercussions, can be impossible to do alone. A seasoned personal injury attorney in San Antonio can help to shoulder the legal burden, so you can focus on your recovery.

Why Do You Need a Personal Injury Attorney in San Antonio?

To Fully Understand Your Rights and Legal Options

When you suffer an injury in an accident, you might not be aware of the full extent of your legal rights and options. Texas law provides numerous avenues for individuals to pursue compensation following an accident, depending on where you were injured and under what circumstances. Just a few of the complicating factors can include being injured by multiple parties, getting injured at work, being injured in a maritime accident, or incidents where government liability is involved.

Each of these scenarios carries its own legal implications, which may not be obvious to a layperson. An experienced personal injury attorney will analyze your situation and provide counsel on the best strategy. This could involve pursuing a claim with an insurance company, filing a lawsuit, or negotiating a settlement. The bottom line is, your attorney will outline and explain the potential routes you can take.

To Fight the Insurance Company

Insurance companies are often more concerned about their bottom line than your wellbeing. They may try to devalue your claim or even deny it outright. Having a personal injury lawyer on your side levels the playing field. We’re seasoned in countering such tactics and can help ensure your claim receives the attention it deserves.

Remember, insurance companies have their own legal teams. Going up against them without professional legal representation could result in you receiving less compensation than you’re entitled to.

To Investigate the Circumstances of Your Accident

Discovering the details and underlying causes of an accident is crucial for a successful personal injury claim. However, gathering evidence, interviewing witnesses, and piecing together the sequence of events can be a complex task. The average layperson may not even know what evidence might be useful, let alone where to look to gather it all.

Our attorneys have significant experience in conducting thorough investigations. We understand the importance of each piece of evidence and know where to find it. We are also ready to collaborate with accident reconstruction experts and medical professionals to build a robust case in your favor.

To Help You in Establishing Liability

In personal injury, establishing liability is crucial. Doing so involves demonstrating that another party’s negligence or wrongful actions led to the accident and your subsequent injuries. However, this can be a challenging task, especially in cases where multiple parties might share liability.

We have the legal expertise needed to analyze all the facts and identify the responsible parties. This might involve confronting large corporations, insurance companies, or even the government, but our attorneys are skilled in holding even these entities accountable.

To Mitigate Claims of Comparative Fault

Texas follows a modified comparative fault rule in personal injury cases. This means if you are found partially at fault for the accident, your compensation will typically be reduced by your percentage of fault. Moreover, if you’re more than 50% at fault, you may not receive any compensation.

Insurance companies often try to use this rule to their advantage by arguing that you share a greater portion of the blame than you really do. We understand this tactic and are ready to counter these claims.

To Deal with Medical Lien Holders

If you received medical treatment for your injuries, the healthcare provider might have a lien on your personal injury settlement. This means they have a right to claim a portion of your settlement to cover your medical bills. When medical lien holders know you’re filing a lawsuit, they often see nothing but big numbers and have been known to inflate their prices and pad out their bills to get as much of your money as possible.

Our attorneys can communicate and negotiate with medical lien holders on your behalf. We aim to reduce the amount of your settlement that goes towards covering these medical liens, maximizing your take-home compensation.

To Keep You Compliant With the Statutes of Limitations

In Texas, personal injury lawsuits must be filed within a certain time limit known as the statute of limitations. In Texas, this is generally two years from the time of your accident, though exceptions do apply. If you fail to file your lawsuit within this period, you could lose your right to pursue compensation. It’s our job to make sure your claim is filed on time.

To Help You Make an Accurate Value of Your Claim

Many people undervalue their claims because they don’t fully understand all the damages they can seek compensation for. These might include not only medical bills and property damage, but also lost wages, future medical costs, pain and suffering, and more.

A personal injury lawyer has the experience and knowledge to accurately assess the value of your claim. By comprehensively examining every aspect of your case, from the immediate financial costs to the long-term emotional impacts, we help ensure you seek appropriate compensation.

To Handle the Legal Procedures and Paperwork

One of the most challenging parts of a personal injury claim can be dealing with the complex legal procedures and paperwork. Filing a lawsuit involves following numerous procedural rules, from how the legal documents must be drafted and filed to the deadlines that must be adhered to. If these rules are not followed correctly, it could jeopardize your case.

Our legal team is well-versed in all these procedures. We handle the paperwork, track deadlines, and make sure everything is done correctly and on time. This not only saves you from the hassle of navigating these procedures yourself, but also provides peace of mind knowing that your case is being handled professionally.

To Negotiate Settlements

Many personal injury cases end in settlements rather than going to trial. This process involves negotiating with the at-fault party or their insurance company to reach a fair agreement. However, without an experienced negotiator on your side, you could end up accepting a settlement that is far less than what your claim is worth.

Our attorneys have years of experience in settlement negotiations. We understand the tactics that insurance companies and their attorneys might use to get you to settle for less. We negotiate aggressively on your behalf to ensure you get the maximum compensation you deserve.

To Represent You in Court

If negotiations don’t result in a fair settlement, taking your case to court might be necessary. This involves presenting your case to a judge or jury, a process that requires thorough preparation, deep understanding of the law, and skilled advocacy.

Our attorneys are experienced litigators who are prepared to take your case to court if necessary. While the thought of a court battle can be daunting, you can expect a good outcome knowing you have a formidable, experienced advocate in your corner.

Get the Compensation You Deserve in San Antonio

Recovering from an accident can be a stressful enough: trying to navigate a personal injury claim at the same time just adds an extra burden. But you don’t have to face it alone. The right legal representation can make a significant difference in the outcome of your personal injury claim. Contact Joe A. Gamez Law Firm, PLC today and let us help you secure a better tomorrow.