Overview of the Stewart J. Guss Firm

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Seeking Compensation After a McAllen Motorcycle Accident

In the state of Texas, you are permitted to take legal action against a driver who caused your motorcycle accident through negligence or recklessness. You will first file an insurance claim with the at-fault motorist’s carrier. However, if the amount offered does not cover your losses, you can also file a lawsuit in civil court to obtain full damages. These damages can include the following:

  • Current and future medical expenses, including those related to emergency room visits, doctor’s appointments, diagnostic tests, radiology, hospitalizations, surgeries, medical transport, medications, assistive devices, at-home care, physical therapy, and more
  • Costs related to rehabilitation, including those that help patients deal with catastrophic impairment to speech, language, mobility, and behavior. 
  • Property damage, including expenses related to repairing or replacing your vehicle as well as anything inside at the time of the collision
  • Lost wages, loss of earning potential, and loss of future career opportunities
  • Loss of enjoyment of life
  • Scarring and disfigurement
  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Loss of consortium
  • Wrongful death
  • Punitive damages, if the accident was caused by malicious intent

Types of Injuries After a Motorcycle Crash

Because motorcycle riders are exposed with only their jacket and helmet to protect them, when they get into accidents, the results can be catastrophic and life-altering. High-speed collisions often lead to fatalities, and for the victims who survive, long-term care and medical attention are often required. Our experienced motorcycle accident attorneys in McAllen, TX, have helped thousands of victims claim compensation for a wide range of injuries, including the following:

Traumatic Brain Injuries (TBIs)

Riders over 21 years old have the option to not wear a helmet as long as they take an accredited motorcycle safety course and retain extra insurance. However, even when wearing a helmet, accident victims can suffer serious brain injuries that can be debilitating and lead to memory loss, migraines, blurry vision, cognitive impairment, sensitivity to light, vertigo, changes in mood, depression, anxiety, insomnia, and brain damage. 

Spinal Cord Injuries (SCIs)

Spinal cord injuries can be especially devastating as they can result in partial or complete paralysis. They are among the most costly to treat, and long-term care is usually a given. Even cuts, wounds, and bruising in the vertebrae or spinal discs can cause the victim to lose mobility.

Back injuries

Back injuries can occur when a rider is thrown from their motorcycle or when they get pinned by a car, truck, or their own bike. These types of accidents can lead to significant injuries, such as spine damage, cracked vertebrae, or bulged discs. Victims may have to take cortisone shots due to the debilitating pain. Many need to undergo surgery to regain their mobility and comfort.

Amputations

Amputations are sometimes required if a motorcycle rider’s legs or arms get crushed in a collision or if their bike lands on top of them. When a limb is crushed, blood flow is cut off to the area, and a dangerous, potentially fatal infection can form, prompting doctors to sever the limb from the body. Amputees endure massive pain and emotional trauma after an accident. Learning how to use a wheelchair or prosthetic limb can be daunting and overwhelming. Many encounter “phantom pain” and stump pain. These victims usually need extensive physical and occupational therapy along with mental health support in order to adjust to the drastic changes in their lifestyle.

Road rash

If a biker ends up sliding along the pavement or concrete when they are thrown from their bikes, they can endure severe road rash, characterized by open wounds, cuts, scrapes, bruises, and lacerations. Wearing the proper protective gear can mitigate road burns somewhat, but the rider may still be injured. Severe infections can form, especially when the cuts fill with debris, dust, dirt, and glass. 

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What To Do After a Motorcycle Accident in McAllen

  1. Contact the police – Getting the authorities involved right away after a crash or collision is ideal since you will need a police report to file your claim or lawsuit. The dispatcher can also contact an ambulance if anyone on the scene was injured. 
  2. Seek medical attention – Even if you feel fine, it is critical that you get checked out by a medical professional right away, both for your health and your legal claim. Some injuries like concussions, whiplash, and internal organ damage don’t cause symptoms right away. If you fail to see a doctor imminently, claims adjusters can dispute whether you were “really injured that badly.”
  3. Trade information with any potential witnesses – If anyone was on the scene who saw your accident, make sure to grab their information. They may be able to offer critical testimony to support your claim later on.
  4. Trade information with the other party – Get the other party’s phone number, address, email, and insurance card information. 
  5. Take photographs and videos of the scene – Because accidents are often quickly cleared from the road, it’s important that you take photos and videos immediately of anything that looks relevant or suspicious. Snap photos of skid marks, damage to your motorcycle, your injuries, defective road signs, road damage, faulty traffic lights, etc.
  6. Stay silent – Don’t discuss the details of your accident with anyone. This includes abstaining from posting on social media. Insurance agents can use your words and posts against you to dispute or deny your claim. They will fight tooth and nail to invalidate your claim so they don’t have to pay out your settlement. After all, insurance companies are for-profit businesses that have a bottom line to maintain. A good personal injury lawyer knows all their tricks and can best advise you on the right course of action after a collision. 
  7. Keep careful records – Get copies of all your receipts, estimates, and medical bills. You will be asked to prove your financial losses, so careful record-keeping goes a long way. Keep a record of all phone conversations regarding your accident, payroll information, tax returns, travel logs, and interactions with mental health providers. You can’t keep too many records. Your lawyer will be able to use all the information you’ve gathered to support your claim or lawsuit.
  8. Don’t accept the first settlement offer you are given – Determining liability in motorcycle accidents can be challenging and complicated, both for lawyers and insurers. Claims adjusters are notorious for offering settlements that are too low and that do not sufficiently meet victims’ needs. They may prey on your vulnerability and financial fear after an accident, trying to convince you that you won’t be able to obtain a better offer than the one on the table. The truth is, you may not know the full extent of your future medical costs at first. If you take an offer that is too low, you may wind up having to shoulder payments in the future, making it difficult for you and your family to survive. It’s in your best interest to let a qualified personal injury lawyer protect your rights and look over your settlement offer. Where many insurance companies use algorithms to calculate compensation, our lawyers will hand-calculate the monetary value of each damage that applies to you, ensuring you receive every penny to which you are rightfully entitled. 

How Long Do I Have to File a Claim?

In Texas, the statute of limitations dictates that you will have two years from the date of your accident to file a claim. If you fail to do so within this window, you may forfeit your opportunity to obtain the compensation you need and deserve to rebuild your life. The time can fly by, especially if you’re focused on attending doctor’s visits, undergoing physical therapy, and retrofitting your home. By partnering with our compassionate, knowledgeable personal injury attorneys at Trust Guss in McAllen, you can refocus all your energies on the healing process at hand, leaving all paperwork, filing, and negotiations to us.

Why Choose Trust Guss? 

At Trust Guss, our team of board-certified personal injury lawyers understands how harrowing it can be to experience a serious motorcycle crash. That’s why we focus on a “Clients First” approach that includes concierge care, a bespoke legal strategy tailored to your unique circumstances, and access to live support 24/7. While you may feel overwhelmed, you are not alone. Our motorcycle accident lawyers in McAllen, TX, have over 30 years of expertise in standing up to predatory claims adjusters and obtaining the maximum in compensation for our clients. We will not rest until the responsible parties have been held accountable for their reckless and negligent actions. Thanks to our integrity and passion for excellence, our law firm has garnered over 1400 five-star reviews and counting.

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Spotlight on Founder Stewart J. Guss

Stewart J. Guss founded Trust Guss in 1999 and since then, has continued to expand the practice to help clients across four different states. He has brought on over 100 legal professionals, each of whom upholds Stewart’s vision for outstanding legal representation with a personalized approach. Stewart was raised in Texas and obtained his Juris Doctor Degree from the renowned University of Houston Law Center. 

He is an active member of the Texas Trial Lawyers Association and was named in the top 1% of the nation’s personal injury lawyers by the National Association of Distinguished Counsel. Stewart has also been lauded as a Top Lawyer by the National Trial Lawyers, Rue Ratings, and Houstonia Magazine. When he isn’t working relentlessly to see his clients win their cases, Stewart enjoys philanthropy and the art of giving back. He donates to numerous national and local charities and funds several university scholarships in his home state of Texas.

Testimonials

They are not too pushy but provide you with the information to make an informed decision.

Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Stewart J. Guss and his team did an outstanding job handling my case.

James

From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable.  They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner.  They answer your questions and concerns appropriately for all parties involved.  I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

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