Car Accident Lawyer – What Damages Can You Go After

Car Accident Lawyer – What Damages Can You Go After

Your tangible (or obvious) financial losses are special or economic damages. Most of the time, special damages include lost wages, loss of earning capacity for the period you can’t work because of the injury, and your medical bills. Sometimes, the cost of medical treatment can be easy to calculate. Other times these costs are not, especially if your medical treatment continues longer than expected, or the full extent of your injuries is unknown. Then the task of calculating special damages is more complex. Figuring the loss of earning capacity is often a complicated matter. Suppose you’re unable to return to work. In that case, you must account for the time value of money you’ve lost, as well as hypothetical promotions, raises, and career changes when calculating how much you’ll demand that the defendant compensate you for the income you are unable to earn in the future, regardless of whether it takes months or years for you to recover. More about our San Antonio car accident lawyer

And suppose a loved one was killed in an auto accident. In that case, additional special damages can include funeral expenses and non-economic damages such as pain and suffering by the deceased family member had he or she lived, in addition to a few other damages. But it takes an experienced auto accident attorney to assess these damages, calculate their value, and put them all in the demand package that is handed to the defendant and their insurance representatives.

Intangible non-economic losses are called general damages. These include compensation for your emotional suffering that is always a part of serious injuries suffered in an auto accident. The amount of general damages that a case is worth depends almost exclusively on the injury’s circumstances and the degree of pain and suffering. This is why general damages can vary greatly from case to case, even if the physical injuries appear to be very similar.

But computing every single loss is a challenge without an experienced auto accident injury lawyer who knows the value of personal injury losses and how to calculate them effectively. How do you accurately represent an intangible loss such as pain and suffering or that of your child? When calculating the loss of earning capacity if you are permanently disabled, how do you account for hypothetical raises and promotions you would have earned had you continued to work, or gotten a promotion, or were hired away by another company at double your current salary? How can you calculate how much all of your medical bills will amount to if your treatment is not yet complete and your doctor can’t tell how long it will last? We at our Texas Law Office know how to account for and calculate every one of your damages and make doubly certain that you recover as much as possible for your injuries.

Put our years of experience to work for you. If you want to know your rights, how to proceed with your claim, and how much compensation you can secure from your auto accident case, call our Law Firm now for a free consultation and find out how we can help you.

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Slip and Fall – Premises Liability Attorneys

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas

Premises Liability

Slip and Fall Injuries at Commercial or Retail Establishments

Premises liability is a concept under the law that details the responsibility that commercial property owners and retail store managers have to protect the safety of visitors and patrons.

Our Law Firm has over a 25-year history of successfully holding negligent property owners, managers, and staff accountable for serious injuries suffered on commercial premises.personal injury law - slip and fall

If you suffered serious slip and fall injuries in a store or office building or at an apartment complex, you may have a sound premises liability claim. Contact us today to learn more and to receive a free case evaluation.

Two common causes of action under premises liability law are slip and fall accidents caused by negligent maintenance and injury sustained in a criminal assault due to negligent security on the premises.

Premises Liability Law: Slip and Fall Injuries

Serious injury may occur when staff or management at a commercial office or retail store fails to exercise proper precautions to prevent a slip and fall accident caused by a wet floor, uneven floor surface, or foreign objects in a walkway (often referred to as a trip and fall accident).

In these cases, we must prove that the property owner, manager, and/or staff knew or reasonably should have known of the danger and failed to warn visitors, remedy the situation, or otherwise act to prevent serious injuries, such as broken bones (ankle, wrist, hip, etc.) or a head injury in a slip and fall accident. More here @

Premises Liability Law: Negligent Security

Negligent security, such as failure to provide adequate lighting in parking lots or to secure doors and windows, can be a cause of action in a premises liability claim. When security negligence allows a visitor, shopper, or business patron to suffer injury in a mugging or assault, the commercial property owners may be held liable as well.

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If you suffered a slip and fall injury or were assaulted on commercial premises, please call our law office for a free case evaluation and to schedule an initial consultation with an experienced personal injury attorney.

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Uninsured and Under-insured Motorist Claims – Motorcycle Accident Attorneys

Personal Injury Lawyers » Can I File an Underinsured Motorist Claim?

In Order to File an Underinsured Motorist Claim, You Must Have Exhausted the Liable Driver’s Insurance Policy First

The quick answer is no. An underinsured motorist claim is a claim brought through your insurance coverage to make up for whatever damages that exceed the policy limits of the at-fault party’s insurance; such as loss of wages, medical bills, physical damages, property damage, and other like forms of damages. If you were to settle your claim for the maximum policy limits you will be able to make an underinsured claim with your insurance company, but by taking a settlement offer that is less than the policy limits you forfeit your rights to make an underinsurance claim. This is because by settling for less than policy limits you are in effect consenting that sum of money will cover all your injuries arising out of the accident.motorcycle accident lawyers

How Can I Make Sure That I Settle at the Maximum of the Policy Limits?

Negotiating settlements without a lawyer is extremely tricky, the insurance company and their representatives are skilled and trained at what they do; they will try to take advantage of your lack of experience and lack of attorney representation to persuade you to settle for less than what you deserve. In negotiating settlements the Stowers Doctrine has been long used to facilitate fair settlement procedures.

Often times insurance companies will impose a tactic known as shaving, this is offering a settlement of less than the policy limits of their policy in order to save money. The Stowers doctrine provides that if an insurance company fails to accept a reasonable settlement offer from the plaintiff and the action proceeds to court, the insurance company will be liable for the entire judgment even if such judgment exceeds the amount of the policy limits of the insurance coverage.

Certain elements need to be met before the doctrine is activated. Stowers inflicts no duty on an insurance company to make independent efforts to settle. The insurance company is only required to respond to settlement offers that it receives from the plaintiffs. In order to qualify, the offer must be a clear offer to release the insurance company and their client from all liability for an amount that is within the limits of the policy. The insurance company must be given a reasonable time to crash attorneys

Do you have a legal issue or question? Call us now.

The duty to settle under Stowers is not unconditional. The insurance company is not required to settle if a reasonable uninsured would not do so. However, these types of claims are rarely successful. To be successful in these type cases it is important to be represented by someone who will serve your best interest, will inform you of your rights, and has experience in all facets of personal injury law. The attorneys at our law office have more than 20 years of experience in the practice of personal injury law and will make sure that you receive the maximum amount of recovery that you are entitled to under the law. Call us for further information on how they can serve you.

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