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.

Sending medical bills and records to the defendant’s insurance company. – Medical bills 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.

There are several reasons why folks wait before they hire an attorney, these include:

• 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 – Never a good idea because it can  ultimately be inconclusive or contain errors. The truckers and their lawyers surely aren’t waiting for the police report; the trucker’s attorney is 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.

Seeking legal representation only after treatment is complete – It may take years to pursue your personal injury claim. But you do not have years to wait around and win your case. Under Texas law, you only have a 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.

Trusting the 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. Actually, the insurance carrier will look to methodically deny your claim based on frivolous notions that you are not hurt, or 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 is relinquishing too much control with not enough facts. A few ways they give the illusion they are helping you:

• Accepting liability for your property damage, because 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. If they “accept liability,” that does not necessarily mean they will not look for some reason not to pay you.

• Offering to lend you money in advance of settlement agreement – Frankly, you should not accept it. Taking the loan could be viewed as accepting a settlement altogether. Without knowing the full costs of the injury, you should not accept an advance or loan. After that, you will not be able to bring another claim for that occurrence. Once you sign a release of all claims, there is little a Dallas personal injury lawyer can do for you.

• Verbal promises to pay medical bills – The claim handler or adjuster will play like ya’ll are pals. Pretending to do so, they keep you from hiring a Dallas personal injury lawyer. This particular incident happened to our managing attorney Mitch Abeita. He was playing baseball in the minor leagues. The baseball club did not carry workers compensation. There, 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 insurance company promised to pay his maxillofacial surgeon but never did. Abeita hounded them until they paid every cent.

They 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. If you do not know the particular Statute of Limitations for you claim, you should seek advice from a Dallas personal injury lawyer.

• Stalling to interview witnesses. People move.
• Stalling to consult with their insured.
• Putting you in a little box like the “investigating claim” box. 
• Refusing to negotiate a settlement until all treatment is complete.
• Burying you in redundant paperwork that is unreasonably time-consuming.
• And of course, telling you the pain and mental anguish that you are feeling is not there, and saying you made it all up.