What Personal Injury Lawsuits are, and What a Personal Injury Lawyer Can do for You

The word “personal injury” is a classification of law that surrounds civil reimbursement for any sort of physical injury and any additional damages suffered by an injury victim. These damages usually include physical, emotional, and financial harm, and other elements surrounding personal loss that are the responsibility for the person or entity whose actions caused the accident, to pay.

This “liability” may apply to either that lawsuit defendant’s willful action or inaction (negligence). When someone suffers an injury, Texas Law allows that person, or plaintiff, who suffered the injury, the legal right to seek monetary relief from the liable who is responsible for the injury. That defendant can be either a person or organization and there can be more than one defendant, even though each defendant is usually sued separately.

However, the personal injury laws in Texas, which are based on the Texas Civil Practices and Remedies Code, do not automatically declare that the defendant owes the plaintiff anything. In other words, just because someone harms you doesn’t mean they pay-up without a fight. This is the single most important, yet one of the most generally misunderstood aspects of Texas personal injury law. Just because they owe, doesn’t mean you automatically get. Instead, according to these laws, the victim only has the right to seek fair and satisfactory compensation from the perpetrator (or defendant), for the injury the plaintiff has suffered. And that is typically done (or at least the process begins) through the filing of a civil damages lawsuit.

Personal injury laws in our state do not command that defendants must give up their money as a matter-of-course. Rather, our laws leave it up to the injured plaintiff to convince the jury that the other person (or organization) is guilty. It is also necessary for the plaintiff to disprove the defense tactics of defendants as they try to avoid paying the damages the plaintiff seeks. This is called the plaintiff’s burden of proof, though, in reality, it should also be expanded to add “burden of dis-proof.” In the final analysis, plaintiff success lies in proving the defendant was, in fact, the proximate cause of their injuries in each and every personal injury lawsuit. Until this burden is satisfied, you won’t be paid anything.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can secure from your personal injury case, regardless of how it happened or who is liable, we can answer all of your questions. Call a personal injury specialist with our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

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Insurance Companies (and their Adjusters) Are Great at Playing the “Denial” Game

The large interstate trucking companies are required by the federal government to purchase sizable insurance policies to protect against the inevitable accidents that occur. But just because they have it doesn’t mean they willingly pay without a fight when one of their trucks hits you and causes injuries. Don’t be misled by them in thinking that getting a reasonable insurance payment from a trucking company is a quick and easy process with no surprises.

The mission of every insurance company is to protect their bottom line, regardless of whether that company is a corporation that answers to stockholders or a mutual fund company who answers to its policyholders (which are, surprise-surprise, the trucking companies). All insurance companies are in the business of taking-in premiums and paying out as little as absolutely necessary in claims. Their primary function is to continually deny your claim, avoid paying you fairly, and protect their funds. Altogether, they do this thousand of times every year, by habit. Without the right experienced attorney on your side, the odds of collecting a fair settlement from an insurance company are astoundingly low.

While the Texas Civil Practices and Remedies Codes grant the right for anyone been injured in a commercial trucking accident or the family of one who was killed to be compensated, the law doesn’t automatically grant a victim claims an injury. It must hard-fought and won. You, as plaintiff, must first prove the liability of those responsible for the injuries arising from your big rig accident has caused, and all the other damages arising from it. The burden of proof is yours. Unless you clearly show that the money you’re asking for is a fair reflection of your losses, damages, and injuries, you have no hope of winning. The insurance company and the lawyers who represent them, do everything possible to deny your claim. And if they are found liable, they then argue that the restitution amount you seek is excessive and unreasonable.

Insurance adjusters are their first weapon against you. They shield their employer from you: plain and simple. Their job is to save their companies money by denying your claim or underestimating the cost of the wreck. And the best adjusters are given the most important cases. Truck wrecks are the most expensive and thereby, the most important claims that endanger the insurance company’s profits. An adjuster acts like your best friend and constantly assures you that all of your needs are met. Then they turn around and stab you in the back because that too is their job. Insurance adjusters are very clever. They try to imitate the good relationship with your car insurance agent. Often, under the guise of being your “good neighbor agent,” they might innocently try and record you saying something that is later twisted into sounding like your admitting liability.

They regularly use this tactic to destroy your chance to receive any compensation, much less fair. Some unscrupulous adjusters even try to deceptively convince uninformed truck accident injury victims to sign away the legal right to sue in exchange for a measly settlement amount that would never even approach fair compensation for the victim’s injuries and other financial losses from a big rig accident. This is why – when we take on a case – adjusters don’t talk to our clients. They only talk to us. That way they can’t use the words you innocently say to hang you in court. And they won’t dare offer you a measly settlement that could never fairly compensate you and your family because they know that we know better.

Corporate insurance adjusters and defense lawyers lick their chops when they find a victim who tries to represent his or herself, or is represented by under-experienced legal counsel. They know how easy it is to lead you around by the nose. The tactics of an insurance company to save their money by denying your rightful claim is illustration enough of why you need aggressive, experienced legal representation. Only the history of success of an experienced truck accident law firm such as our Law Firm will set unscrupulous insurance adjusters in their place and compel their insurance company into offering a fair settlement, or defeat them in court if they refuse to see reason.

Our Law Firm has decades of hard-fought experience handling personal injury litigation in commercial trucking accident cases. If you or a loved one has been hit by one of these trucks, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of big rig accident victims in Texas. So if you or a loved one has been involved in a trucking accident in Texas, our experienced accident lawyers can win the best compensation possible for you.

Call us today for a free consultation to continue your road to total recovery and that of your family.

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