If You Suffer an Injury Due to the Fault of Another Party, Contact Stewart J. Guss, Injury Accident LawyersWe do our very best to fight for you and your rights after a Corpus Christi personal injury accident. Our attorneys work each day to represent victims like you against big insurance companies and at-fault parties that do not want to pay out the damages you have a right to under the law. As a victim of another party’s negligence, you have a right to compensation to cover the damages you sustain. You should not pay for the damages another party caused you.
The Risk of a Personal Injury to You in Corpus ChristiYou may not think about your risk of an injury or an accident too often. In fact, most people do not realize the risks they face each day of an accidental injury. An accident can happen in any number of situations that can result in minor injuries or life-threatening damage. Everywhere you go you can be at risk of an injury. While there are steps and actions you can take to protect yourself as best you can from harm when you know you are at risk, there are many times where you are simply at the mercy of another party. Businesses, other drivers, property owners, and many others you come across during your day-to-day activities have a presumptive duty of care they must maintain to ensure they do not cause harm to you or others. In many situations, you too can have a duty of care that you may owe to others depending on the circumstances. Approximately 48 million people each year in the U.S. will suffer an injury and over 170,000 of those injury victims will die from their injuries. The injuries that occur to such a large portion of the population are mostly preventable. In many cases, another party’s negligence causes injuries or death. In Texas, the leading cause of mortality for anyone under the age of 44 is injury, with motor vehicle crashes leading to death rates for younger children and adolescents in the state. You and your family members can suffer an injury when you least expect it. The injuries in an accident due to negligence can leave you needing intensive medical care, treatment and may end in long-term disability and challenges to your health, finances, and wellbeing. Whether you are five or eighty-five, no age group is immune to injuries due to negligence.
Personal Injury Cases We Handle at Stewart J. Guss, Injury Accident LawyersHow an accident happens will impact what rights you have under the law and whether you are eligible for compensation for your losses, injuries, and other damages. Personal injury cases arise when a victim suffers an injury because of the direct, or in some cases, indirect actions of another party. There are times when an accident happens and there is no one responsible, but the vast majority of accidents that take place are in fact avoidable. When a party fails to keep up their responsibilities to prevent harm to others, they create dangerous circumstances that can lead to injury or death of a victim. At Stewart J. Guss, Injury Accident Lawyers, we want to help you after your injury to determine the compensation you may be eligible for and fight for that compensation against the parties responsible. We can help with a number of personal injury matters and represent you in your case to help you file and negotiate an insurance claim or file a lawsuit against the parties responsible if it is necessary.
- Car Accidents - Automobile accidents happen each and every day on the roadways in and around Corpus Christi. Behind every accident is a negligent driver at fault for the injuries to the victims in the accident. Insurance companies will try to deny a claim if possible or limit the compensation you can get. We know your rights and we can help you fight for fair and reasonable compensation for any car accident damages you incur due to the negligence of another motorist.
- Motorcycle Accidents - When a motorcyclist is the victim of negligence by a motorist there is a high risk of death in an accident. Motorcycle accidents are one of the costliest types of personal injury cases in terms of losses to the victims. Survivors of a motorcycle crash more often than not face lifelong challenges such as permanent disabilities, disfigurement, and continuous medical expenses for treatments and therapy. As the victim of a motorcycle accident, you can face an uphill battle with insurance companies that can try to reduce your damages or dispute liability because you are a motorcyclist. We can help you protect your rights and seek the compensation you are eligible for under the law.
- Truck Accidents - Semis, 18-wheelers, tractor-trailers, and other large trucks can pose a serious danger to other motorists on the road. The truck industry can create risky circumstances for drivers that can, in turn, endanger the public due to fatigue, faulty maintenance, violations of hours-of-service rules, improper cargo loading, or defective parts. If you are a victim of a negligent truck accident, you could seek damages against a truck driver, their employer, or the truck owner.
- Pedestrian or Bicyclist Accidents - Not every motor vehicle accident involves another vehicle. Sometimes, a traffic accident will be the unfortunate and often tragic circumstance of a vehicle striking a pedestrian or bicyclist. As a survivor of a pedestrian or bicycle accident victim, you are likely to face significant medical expenses and severe injuries. Insurance companies may try to close out a claim quickly but offer you well below the damages you are actually entitled to. Our attorneys can help you calculate the true extent of your damages and negotiate a settlement that will benefit you instead of the insurer.
- Premises Liability Accidents - Suffering an injury while you are on another property can raise serious questions as to who is liable to you for those injuries. Premises liability cases involve any personal injury where a victim suffers an injury while on the property of another person or business. The most commonly known premises liability case is a slip and fall scenario. Other types of negligent accidents can happen on another’s property that gives rise to injuries.
The Damages You Can Recover in a Personal Injury CaseThe losses of a personal injury accident vary depending on the type of accident and the extent of the injuries to you and any other damages you sustain. There are certain damages the law categorizes that can be part of a personal injury claim or lawsuit. While not every case will incur the same types of damages there is a guideline for economic and non-economic damages that are recoverable in each case. The calculation of your damages is specific to your case. You will work with your attorney to provide evidence of your losses. Financial losses are easier to prove through receipts, bills, and invoices. Non-monetary losses, on the other hand, are unique to you and your experience. To prove non-monetary losses, you can provide a combination of evidence that can include your testimony, the testimony of your providers or experts, medical history, employment history, and any other information that can help to exemplify the extent of your loss. Personal injury case monetary damages can include:
- Medical expenses
- Income loss
- Pain and suffering
- Loss of quality of life
- Future loss of potential income and earnings
- Future costs for medical care and support
- Property damage
- In wrongful death cases, funeral and burial expenses and loss of companionship
Serious Injuries that Can Occur in a Personal Injury AccidentIt is impossible to rank the seriousness of every type of personal injury accident. Any of the types of injury can be severe enough to affect a person’s health and wellbeing. The severity of injuries depends on each case and the opinions of medical providers and experts as to the likelihood that you can recover. Some victims of a personal injury have no hope of recovery and must live with the permanent damage from the accident for the remainder of their lives. It is common for people to link the severity of injuries with the visible property damage in an accident such as a motor vehicle accident. This is a mistake because even an injury that can appear minor from an outside perspective can have very real and painful consequences on the victim to whom it happens. It is also worth noting that not all injuries are visible. There are many serious and life-threatening injuries that can happen to a victim that shows little to no external symptoms. This does not mean that the victim is any less hurt than a victim with visible injuries. Common injuries in Corpus Christi personal injury cases include:
- Dislocations, fractures, and broken bones
- TBI or traumatic brain injuries
- Injury to the spinal cord
- Road rash
- Poisoning or the development of disease due to exposure to hazardous materials
- Puncture wounds, cuts, or lacerations
- Injuries to muscles, ligaments, or tendons
- Nerve damage
- Amputation or loss of a limb
- Crush injuries
- Catastrophic injuries
Proving Negligence in a Personal Injury CaseTo establish fault in a personal injury case, a plaintiff has the burden to prove the defendant is liable to them. In some cases, the fault is clear and there are times when an insurer or even a party accepts liability willfully and leaves only the amount of damages to settle between them and the victim’s attorney. However, in some cases, an insurer or the party at fault will dispute the fault in a case and the burden will lie on the victim to show how and why the defendant is responsible for their injuries and the subsequent damages. To show that a party is responsible, a victim must prove their actions amounted to negligence under the law. Negligence consists of four elements. Each element must be present in a claim or lawsuit to successfully show that the defendant is negligent and the cause of your damages. The elements of negligence in a personal injury case are:
- The defendant owes you a duty of care due to their relationship with you or an activity they are engaged in such as driving
- Through either their actions or their failure to act when they should, the defendant breaches the duty of care
- You suffer some form of physical injury and damage
- It is the defendant’s breach of the duty of care that is the cause of the accident and your injuries
What is the Cause of Most Personal Injury Accidents?Most of the accidents that cause personal injuries to victims are not accidental. Rather, most personal injury accidents occur because of some party’s negligence. Negligent accidents are avoidable and the injuries or death to the victims in many situations are preventable. Negligence is the overwhelming cause of most accidents and can take many forms depending on the type of accident that occurs. The at-fault party in a personal injury case can engage in reckless behavior, actions, or failure to act, when necessary, which in turn leads to your injuries.
Who Ca Be at Fault After a Personal Injury to You?The person or party responsible for a personal injury to you may not always be apparent when you are in an accident. In fact, some victims may not initially realize that another party is liable to them for their injuries. It is always a good idea to consult with a lawyer if you are not sure about the liability for an injury you sustain. A personal injury lawyer understands how many accidents happen and what circumstances can give rise to the liability of another party for your injuries. Where and how an accident occurs as well as who else is a party to the accident can all influence fault and liability for an accident. While you may have an idea of who is responsible for your injuries, there could be other parties liable to you that you may not realize. Liability for a personal injury accident can include:
- A driver
- A homeowner or other property owner
- A business or other organization
- An employer
- The owner of a vehicle
Can More Than One Party Be Liable to You for Your Losses?At times, the focus of the blame for an accident or injury may be on one party, but personal injury accidents are intricate and can involve a number of parties. In some accidents, there can be multiple victims as well as multiple negligent parties. Depending on the circumstances of the accident, there can also be parties liable to you that were not present at the accident but have a duty of care to you because of their relationship with a property, employee, or the driver of a vehicle. There are frequent cases where more than one party is liable to the victim. In these cases, a court or insurer will look at each role a party has in the negligence leading to your injuries and apportion a percentage of fault based on their actions in comparison to the actions of other negligent parties. When there are multiple parties responsible to you for your injuries and damages, you may be eligible to seek compensation against all of them to ensure your needs and losses are recoverable in your case.
Do You Always Have to Sue in a Corpus Christi Personal Injury Case?You may be under the impression that the only way for you to successfully get the compensation you deserve after a personal injury accident is to sue the people or parties responsible. Lawsuits happen and in some cases can be necessary, however, most cases can reach a resolution during negotiations and avoid a trial and court altogether. With the representation of a qualified and knowledgeable personal injury attorney, they can use their resources and experience to help you reach a resolution during the insurance claims process. Insurance companies can make the process of determining and paying out damages a nightmare. Many insurance companies are notorious for delaying the processing of claims, offering ridiculously low settlements, or denying claims that are eligible for compensation. It is an overwhelming task for a victim of a personal injury accident to have to not only manage the process of filing a claim but to do so successfully. In some cases, it can be impossible. The insurers always have the upper hand when dealing with accident victims directly, as many personal injury victims understandably do not know the inner workings of an insurance claim and what they will need to do to get the compensation they deserve. With the help of a lawyer, you have a much better chance of reaching a reasonable settlement with an insurer in your case outside of court. However, there are some cases and situations that may warrant the need to proceed with a lawsuit. In cases where an insurer is trying to deny liability for your damages, fails to take the extent of your damages and losses seriously, or when no insurance coverage applies to the accident; you will likely need to go forward with filing a lawsuit to recover your losses after a personal injury.
Is a Severe Injury Necessary to Seek Compensation for Your Damages?Many victims of personal injury accidents may not be sure if their injuries are enough to give rise to a claim for damages and losses. There is no minimum injury requirement. Any person that suffers any injury that affects their life in some way and causes them medical expenses and other losses is eligible to file an insurance claim or lawsuit for those damages when another party is responsible for their injuries. Not all personal injuries are catastrophic or end in permanent disabilities, but that does not mean that you do not have a right to recovery. Less serious injuries can still cause a victim to require treatment in an emergency room, miss work, and deal with the discomfort, pain, and inconvenience of recovery. These are all losses and expenses to you that would not happen if it were not for the actions of the negligent defendant in your case. The law allows for any victim of a personal injury to pursue monetary compensation when another party is at fault for their losses.
What Statute of Limitations Applies to Personal Injury Cases in Corpus Christi?In Corpus Christi, you must ensure you stay within the Texas statute of limitations that applies to personal injury matters. The statute of limitations for both personal injury cases and wrongful death cases arising from negligence is two years from the date of the incident or death of the individual. When you are a victim of a personal injury accident you must consider this timeline. Delays in filing a lawsuit could prevent you from seeking the compensation you need to recover from your losses. It is always recommended that you hire an attorney as soon as possible after a personal injury incident. Attorneys know the timelines they are up against and will plan and prepare your case accordingly to make sure you meet any deadlines under the law. Personal injury cases take time. It is not a situation where you will hire a lawyer and a lawsuit filing will begin the next day. To file a lawsuit, a lawyer must prepare. In most instances, they will first try to reach a resolution out of court after they are able to evaluate your case, gather evidence, and communicate with insurers and other parties. It is only when it is apparent that an out-of-court resolution is not possible that an attorney may advise you to file a lawsuit. The more time you give your attorney to go through the planning, preparation, and negotiations of your case, the higher the chance at success and that your case is ready to move forward into a lawsuit within the statute of limitations.
Is There Anything You Can Do If a Loved One Dies in a Corpus Christi Personal Injury Accident?Much of the focus in personal injury cases is on the surviving victims of accidents and injuries due to negligence. However, many personal injury victims do not survive their injuries and lose their lives because of the negligence of another party. The fatal victims of a personal injury accident cannot fight for themselves or seek justice for their preventable death; however, the law allows for certain members of the victim’s family to pursue a case against the parties responsible. These situations are wrongful death actions. Instead of the victim of an actual negligent accident filing a claim or lawsuit, it is the family of the victim that then has the right to compensation for any losses and expenses they incur because of the sudden death of their family member. In a wrongful death action in Texas, the surviving family of the deceased can seek damages from an insurance company or the party at fault for the accident. Damages in a wrongful death action can include:
- Funeral and burial expenses
- Medical expenses for care and treatment before the victim died from their injuries
- Loss of the victim’s income and contribution to the family unit
- Loss of any benefits the victim may have been eligible for that would benefit the family
- Any loss to inheritance
- Loss of companionship from the victim
- Loss of guidance and care the victim would continue to provide in the family
- Pain and suffering of the family for the loss of their family member
How Long Will Your Case Take to Reach a Resolution?There is no way to predict the exact timeline of each personal injury case. However, a discussion with a personal injury lawyer can help you understand your case, the challenges that may lie ahead, and the process necessary to pursue compensation. For some victims, their cases can resolve relatively quickly if they can reach a successful negotiation agreement with an insurance company that adequately covers their losses. For other cases seeking reasonable compensation can take more time, particularly in cases where a victim may still be unsure of the full impact of their injuries or when the injuries are disabling and catastrophic. Insurance companies may not always want to settle a case and if a lawsuit is necessary then it will inevitably take more time to resolve your case. When cases must go to court and through a trial, a resolution will take much longer than a settlement negotiation with an insurance company. While this may be frustrating, it is often the only way to ensure you fight for fair and reasonable compensation for your losses when you suffer harm due to negligence.
When is the Best Time to Contact a Corpus Christi Personal Injury Lawyer for Your Case?As the victim in an accident, you might not be sure of when is the best time to act in your case. When it comes to personal injury matters, the quicker the action you take in your case, the better the result. Do not hesitate to take action in your case and make a plan to begin the process of seeking compensation while your recollection of the events is fresh in your mind. Quick action does not mean engaging with insurers and at-fault parties yourself but instead hire a Corpus Christi personal injury attorney at Stewart J. Guss, Injury Accident Lawyers, and let them manage the case for you. In the hours and days following a personal injury, you should call an attorney for a free case evaluation. During this initial evaluation, you will discuss the specifics of your case with a lawyer that will take the time to understand the events leading to your injuries as well as the impact your injuries are having on your daily life and how they may impact you in the future. We can then discuss with you their thoughts on the personal injury matter, and their opinion as to the likelihood of recovery and your best path forward. The legal team of Stewart J. Guss, Injury Accident Lawyers, is nationally recognized for protecting the rights of injured victims for more than 20 years. If you were injured in an accident in Corpus Christi, call our office right now for a free consultation! Because we take all of our personal injury cases on a contingency fee basis, you will not owe us a dime unless we win your case. We are available 24 hours a day, seven days a week, so call us today at 800-898-4877 or contact Stewart J. Guss, Injury Accident Lawyers for your free case consultation. Don't Take Chances - Let Us Help You!
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