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There are several reasons why folks wait before they hire an attorney, including:
Letting the Insurance Company Control Your Offer.
LOTS of folks fall victim to this pitfall. By the time you decide to handle your own claim, and get screw-ball offers, it could be too late. You need to hire an attorney as soon as you can after your accident before the defendant company and their attorneys have full access to the evidence. Remember, the insurance carrier holds all the cards until you show them you mean business – they have the compensation you’re entitled to, but won’t give you what’s fair without a fight.
Holding Off for the Crash Report.
The crash report can ultimately be inconclusive or contain errors, so don’t wait. The trucking company and their lawyers aren’t waiting for the police report; they are already investigating the accident and focused on finding the smallest shred of evidence that can prove you’re partially at fault – if not totally at fault – for the accident that led to your injury. Thus, if you wait to receive a crash report before hiring an attorney, it could be too late.
Why can’t you trust the trucking company’s insurance carrier?
Under Texas law, the trucking company is not required to pay you, and has the right to defend itself and every penny it holds. The insurance carrier will methodically attempt to deny your claim based on frivolous notions that you are not hurt, too old, or have a pre-existing condition. All they care about is uncovering evidence that reduces their risk. Giving the insurance company your trust in the beginning will relinquishing too much control with not enough facts.
Here are a few ways they give the illusion they are helping you:
Accepting Liability for Your Property Damage.
They know that you want that fixed as soon as possible. However, be very careful not to sign a release that precludes you from seeking compensation for bodily injury claim. In Texas, property claims are much different than bodily injury claims. Acceptance of liability does not guarantee that they won’t still seek reasons to deny or reduce your compensation.
Offering to Lend You Money in Advance of Settlement Agreement.
Do not accept it. Taking the loan could be viewed as accepting a settlement. Without knowing the full costs of the injury, you should not accept an advance or loan. If you do, you cannot bring another claim for that occurrence. Once you sign a release of all claims, there is very little a Dallas personal injury lawyer can do for you.
Verbal Promises to Pay Medical Bills.
The claim handler or adjuster will act like you are pals. Pretending to do so, they will attempt dissuade you from hiring a Dallas personal injury lawyer. This particular incident happened to our managing attorney, Mitch Abeita.
While playing baseball in the minor leagues, he was struck by a fastball to the temporal area of the skull. The impact left him unconscious with multiple fractures in his face. The baseball club did not carry workers compensation. The insurance company verbally promised to pay his maxillofacial surgeon but never did. Abeita was forced to hound them until they paid every cent.
Taking it on yourself is a fool’s errand. Even if you’re very smart, that does not mean you will be able to represent yourself in your truck wreck case. You can have a strong case, but if you are unable to prove the case by evidence and within the rules of civil procedure, then the jury will never have a chance to allow monetary compensation. Would you hire an expert to refute a doctor’s claims that you are not hurt? A mouthful, we know. Yet, this is likely to happen in truck wreck case.
Medical bills and records sent to the defendant’s insurance company must be “proved up” in court to be admissible. The presumption is that they are inadmissible unless proven up by somebody’s word or mark. You must prove up your medical bills in a way that follows the Texas Rules of Evidence, The Texas Rules of Civil Procedure, and the Texas Civil Practices and Remedies Code. An admissible writing that explains your harms and losses is required. That is the only way a jury will ever see the trauma you have sustained.
It may take years to pursue your personal injury claim. Under Texas law, you only have a certain number of years to bring a trucking wreck lawsuit. Evidence is one of the most important factors in the case, and the evidence will be harder to find for each day that goes by after the wreck. Some evidence can spoil, or be lost through regular document retention protocols. So don’t wait till after treatment is complete to seek out a Texas truck wreck lawyer for help.
The insurance carrier can and will drag out your case until the Statute of Limitations passes and you cannot bring the claim. The Statute of Limitations is the time frame you have to initiate a lawsuit. Seek advice from a Dallas personal injury lawyer if you do not know the particular Statute of Limitations for your claim.
One of the most challenging aspects of a truck wreck case is dealing with insurance companies. These entities often have extensive resources and legal teams dedicated to minimizing their financial liabilities. What does that mean? They’re NOT your friend. They’re NOT on your side. A skilled Texas truck wreck lawyer can level the playing field by effectively navigating the negotiation process on your behalf. Mitch Abeita understands the tactics that insurance companies may use to undermine your claim and he is equipped to counteract these strategies with well-researched arguments and evidence.
First our team will begin by thoroughly assessing your case, including all medical records, accident reports, and other documentation. This comprehensive understanding allows us to determine the fair value of your claim based on the damages you’ve incurred, including medical expenses, lost wages, and pain and suffering. Armed with this information, we will initiate negotiations with the insurance company, advocating for the compensation you deserve.
Furthermore, effective negotiation requires not only knowledge and preparation but also strong communication skills. If negotiations stall or the insurance company refuses to offer a reasonable settlement, we will be prepared to escalate the matter by pursuing litigation, ensuring that your rights are protected every step of the way.
This website’s information regarding consultation with a Dallas personal injury lawyer is not intended as legal advice.
