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San Antonio, TX 78205
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Automobile Accidents

Negotiating Your Own Injury Settlement With the Insurance Company

Best San Antonio Car Crash Attorney

One of the first parties to come and talk to you after you have been injured in a car accident is the insurance company, through a person called an “insurance adjuster,” whose job it is to talk with accident victims and gain a settlement out of court.

Some people, due to stress caused by the accident, might want to settle stuff with the insurance company right away. However, that’s not the correct way of dealing with insurance adjusters, and is a poor way to handle your claim following an accident.

 Why You Should Not Accept the Offer Right Away

 Some people find it tempting to just accept the money and move on. However, if you dissect the settlement amount being offered, you’ll find that it is unfair and does not compensate you fully for the damages you suffered from the accident. Remember, insurance companies work with their own interest in mind and not yours, so they’ll want to pay you as little money as possible.  It’s generally impossible to know the extent of your injuries right after a car accident, except in maybe a minor accident.  You need to be seen by the doctor a few times, making sure to get the MRIs, and treatment you need to restore your health.  This takes time, and settling your injury case before you fully know the extent of your injuries will almost always leave you paying out of pocket for expenses that the at-fault party’s insurance company should have paid. 

The Right Way of Dealing with Insurance Offers

Instead of accepting a fast low-ball offer from the insurance company, what you should do is request the insurance adjuster to give you a breakdown detailing how they calculated such a settlement amount for you. At the same time, take into account your own expenses incurred as a result of the collision, including medical fees and medications to maintain, if there are any. You will need this later on when the insurance companies sends you a reply.

When the insurance company replies with the requested calculation, this is when you produce your own calculations and make a counter-offer. Do not hesitate to make a counter-offer that is higher than what the insurance company is offering you. However, make sure to back it up with documents like doctor’s prescriptions, pharmacy and laboratory receipts and other relevant paperwork.

You can expect the process to be quite lengthy. As mentioned earlier, the insurance company prioritizes its own interest. While they may want to meet you halfway, the settlement offer may not be enough to compensate you for what you suffered, and what you will go through in the future.

In an accident case involving significant injuries, such as broken bones, or herniated discs, it is best to seek out the help of a personal injury attorney that specializes in accident cases because they know the ins and outs of negotiating a fair settlement from parties like insurance companies, or the at-fault driver himself. These firms and their lawyers can give you sound advice, and can assist you in the process itself.

While you may be apprehensive because of the legal fees involved, seek out a personal injury law firm that agrees to work on a contingency basis. With a contingency agreement in place, you will only have to pay the firm a fixed amount calculated from your final settlement, and if there is no recovery, you generally won’t owe the law firm anything. This agreement is very flexible, and makes the law firm’s service relatively affordable because you don’t have to pay anything up front.

We put together a book, and some additional resources to help people settle their own minor injury claims.  Visit the “Helpful Info” section of our website to download these free resources. 

 

Dealing With Chronic Back Pain After a Car Accident

San Antonio Car Accident Lawyer Discussed Back Injuries

Adrenaline can make you claim, immediately after a serious car accident, that you’re fine and there’s no injury. However, when the rush dies down, you can start feeling the effects of the accident, particularly on your back.

Unfortunately, back injuries cannot be easily discounted. For instance, complications that can arise from back injuries can have effects on your range of motion so your movements could become stiff and uncomfortable. In some cases, complications from the injuries can lead to partial or even complete paralysis, which will lead to loss of income and degradation in the quality of your life

This is because your back supports the spinal column, and is central to allowing us the range of movement that we enjoy as humans. If the back is seriously injured, your capability to move around freely and support yourself independently is critically affected

Common Back Injuries Caused by Accidents

Back injuries can lead to many different problems, each with their own symptoms. For instance, it could lead to disc herniation. This is caused by misalignment in the cartilage in one of the spinal discs, and could cause chronic pain that only worsens over time.

Car accidents can also cause compression fracture – this is a dangerous condition in which the spine folds unto itself as a result of the impact of the accident. This puts extreme pressure to the spine, which can lead to weakening and eventual fracturing of this important part of the skeletal system.

Transverse fracture is also a possible result of a car accident. This is even worse than the compression fracture. In this fracture, the spine is twisted out of alignment. If left unaddressed, the constant twisting of the spine due to ordinary movement could put extreme stress on the bones and break the column after a certain amount of time.

What You Should Do

It’s also very important to seek medical attention as soon as possible after an accident. Back injuries sometimes do not manifest any symptoms, but could exhibit symptoms due to complications in the future. By that time, treatment may be difficult. To prevent conditions that make the injury harder to treat, seek medical attention right away after figuring in an accident.

If the injury is caused by an accident that you think you are not liable for, it is even more important to, first, get yourself checked out by a medical professional to establish a case and then contact a personal injury law firm to help you claim for compensation. Get in touch with Barrus Injury Lawyers to discuss your legal options. Call us at (210) 593-8709 for a free, no-obligation consultation.

Serious San Antonio Auto Accidents Require Serious Legal Representation

San Antonio car accident attorney discusses getting help after a car accident.According to a 2014 report by the Texas Department of Transportation, an accident happens in Texas every 72 seconds. Furthermore, someone is hurt in a car accident every two minutes, and someone is killed every two hours and half. In fact, in recent years, not a single day has gone by without some kind of fatality on Texas’s roadways.

As such, it’s critical that motorists and pedestrians in San Antonio and the surrounding counties be cautious while on the road. It also helps to be aware of how a San Antonio auto accident attorney can assist with the financial recovery necessary after an auto accident.

Factors Behind Car Accidents

Not surprisingly, a person driving intoxicated or under the influence is one of the biggest factors behind many accidents. Approximately 28 percent of auto accident fatalities are caused by a DUI. However, a reliable auto accident lawyer in San Antonio knows the majority of motor accidents actually occur because of the following:

  • The driver isn’t paying 100% attention on
  • The driver exceeds the speed limit
  • The driver breaks a traffic law
  • The driver is distracted by a phone call
  • The driver is texting while driving

A San Antonio auto accident attorney from Barrus Injury Lawyers can help you file an injury claim if you've been injured in:

  • Accidents involving multiple vehicles
  • Rear-end collisions
  • Head-on collisions
  • Accidents caused by the other driver texting
  • Accidents caused by a DUI
  • A collision with an uninsured driver
  • A collision with an under insured driver

Auto Accident Injuries

The injuries caused by a motor vehicle accident usually depend on factors such as seat belt use, the speed of which the car was moving, the area where the car made impact with another object, the occurrence of a rollover, the size of the vehicles involved, among others.

Some victims have been lucky enough to walk away from an accident with just a few scrapes and bruises, but others have met their untimely end on the road. There are also victims that fall in between the two extremes, sustaining head and neck injuries, broken bones and limbs, nerve damage, and sometimes paralysis. No matter your situation, we are here to consult with you, and help you find a resolution to your claim.

As experienced auto accident lawyers in San Antonio, the attorneys at Barrus Injury Lawyers knows that each auto accident case is unique. Call us at (210) 593-8709 for a free, no-obligation 5 Point Case Analysis.

 

Do I still Need a Car Accident Attorney Even if the Other Driver was Clearly At Fault For My Car Accident?

San Antonio Car Accident lawyer discussed insurance liability issues.If you’re injured in a car accident in San Antonio and the other driver was found driving drunk, texting while driving, or engaging in some kind of reckless behavior, you may be wondering what use a lawyer will be, when the case looks like it would obviously be in your favor.

However, when it comes to accident injury claims in Texas, proving negligence can be a much more complex process than you may believe, and the insurance companies know this.  That is why they will often deny, or grossly undervalue claims where liability seems fairly clear.

Making things more complicated is how the insurance adjuster for the other driver will likely do everything possible to give you as low a settlement offer as possible.

Some adjusters will even try to pin a portion of liability on you, or trick you into providing a recorded statement and then twisting your statements to make it appear that you were partially at fault for the accident, and are therefore ineligible for compensation. Sometimes, even cases that seem like a slam-dunk won’t necessarily end in your favor, especially if you don’t have a good San Antonio injury attorney working for you.

When Do I Call a Lawyer?

Anyone recovering from a car accident caused by another party can benefit from legal assistance. Even in cases that seem to have an outcome clearly in your favor, a skilled San Antonio personal injury lawyer can help ensure your rights are protected and that you get a favorable resolution to your claim. A lawyer can help ensure the negligent driver is held responsible for the accident, allowing you to proceed with confidence during negotiations with the adjuster.

If you’ve been injured in a car accident caused by a reckless driver, know your rights and get the compensation you deserve by calling our team of car accident lawyers. Contact us at (210) 593-8709 for a FREE case analysis.

 

FAQ: If a Car Accident in Texas is Caused by Bad Weather, Who Is Responsible?

San Antonio Injury Attorney Discusses the Role of Bad Weather in Car Accidents.Texas can occasionally see some pretty bad weather, which can make road conditions dangerous for motorists. Even light rain and fog can increase the risk of a road accident. Two frequently asked questions are: What exactly happens when you suffer a collision on the road due to bad weather conditions?; and Can you even hold the other driver responsible?

Here are some factors to know about liability in collisions partly caused by poor weather conditions:

  • If weather was the primary cause of your road accident and subsequent injuries, and all other drivers involved acted responsibly given the circumstances, it’s highly unlikely you can claim for damages and injuries from the insurance company of the other driver.
  • However, poor weather and compromised road conditions don’t automatically absolve drivers from liability during accidents. If a driver broke the speed limit, was negligent in some way, or simply broke road rules, he or she can be held responsible in the event of a collision in bad weather.
  • Insurance companies like to use poor weather as a scapegoat to reduce claims from injured victims. Even if it’s clear as day that the other driver was responsible for the accident in poor weather, an insurance company can bully claimants into settling for a lower payment. Worst case scenario? They can reject your claim outright.

 

Every accident is unique, and your chances of obtaining a successful claim and getting the compensation you deserve can be dependent on the small details.

If you're confused over what to do and want to know your rights, don’t hesitate to get in touch with the skilled San Antonio injury lawyers at Barrus Injury Lawyers.

You can also learn your rights following an accident by downloading our FREE Texas accident guide: “10 Deadly Mistakes That Can Kill Your Texas Accident Case.”  Download your FREE copy here.

We also offer a free, no-obligation analysis of your personal injury case, providing answers to some of the most common questions about car accidents. Give us a call at (210) 593-8709 to schedule a FREE consultation, or fill out the form located here.

FAQ: If the Other Driver's Insurance Company Denied My San Antonio Car Accident Claim, What Can I Do?

What Should You Do If The Insurance Company Denies Your San Antonio Car Accident Claim.As a San Antonio personal injury attorney, I can tell you that it’s not unusual for insurance companies to be uncooperative during negotiations for personal injury claims. This is especially true for claimants going about their claims without the assistance of a lawyer. In situations like this, the insurance company for the other driver may  treat you like a pushover, even going so far as to deny your claim—no matter how legitimate it is—because they assume you don’t know your rights and simply want to finish the claims process as quickly as possible.

If you know your rights and how to protect them during the negotiations process, you’ll know what to do if your claim gets denied.

You can take the first step to learn your rights, and learn the most common mistakes to avoid by downloading our FREE book: “10 Deadly Mistakes That Can Kill Your Texas Accident Claim.”  Get your free copy here.

It should be noted that while some claims are denied for valid reasons, others are turned down because the insurance company thinks it can trick the claimant into thinking their case was weak. Claimants can also be pressured into accepting a settlement far less than what they rightfully and legally deserve.

Important Note:        If the insurance company is shifting blame to you, and denying your claim on the grounds that you were partially responsible for the accident, you need to speak with an experienced injury attorney BEFORE you simply give up on pursuing your claims.  This is a well-known, and common insurance company “dirty trick.”  Don’t fall victim to their unscrupulous ways without getting a FREE consultation first.

If you’re facing a rejected claim, you can still obtain a fair settlement with the assistance of a skilled accident lawyer, one who can provide an explanation of your options, protect your rights through the claims process, and aggressively pursue a fair settlement to cover your care and medical expenses.

Accident lawyers often find a successful resolution to claims initially denied by the insurance company, sometimes even exceeding the expectations of clients. If you’ve been involved in a car accident in San Antonio or Austin and have a personal injury claim that’s been denied, you can still work towards a favorable settlement with the help of Barrus Injury Lawyers. We can provide a free, no-obligation evaluation of your case, explaining to you your rights and options for a positive resolution. Call us today at (210) 593-8709 for an appointment, or schedule a FREE case evaluation here.