Proving Your Case
If you have suffered a loss or injury while riding or operating a motorcycle, you may have the right to file a claim against the negligent driver. However, in order to prevail in a personal injury claim in San Antonio three things must be proven:
- Negligence – the driver failed to use due care when operating his or her automobile
- Causation – the negligence of the driver caused the accident
- Damages – you suffered damages as a result of the accident
If any of the above elements sounds similar to your circumstances, the lawyers at Carabin & Shaw in San Antonio have experience proving your case. Even if you are unsure if the above elements apply, give us a call so we can discuss your options during a free consultation to see where and how the law applies to your case. Your initial call will allow us determine the best method of representation and information-gathering strategy, after which we will invite you to meet with an attorney to discuss all of your options in writing. If you feel comfortable with the options we present to you, you can allow our expert Carabin & Shaw attorneys to represent you and do everything in our power to make sure you receive a fair and adequate amount of reparation.
Our team of San Antonio motorcycle accident lawyers is committed to helping people in these and similar circumstances understand how we work towards proving your case. Due to the severity of damages and injuries incurred during motorcycle accidents, we will typically choose to address any medical expenses first, as these are often the most severe bills a family is confronted with in the wake of an accident. Assessing your bodily injuries accurately and completely can be the bedrock of your case; so the sooner we can look at the evidence and documentation from the accident, the better. Once the harm to your body has been verified by us via the hospital or any doctors you may have seen, we will usually ask you to provide information about what wages, if any, were lost at work as a result of the accident. If for some reason you have difficulty discovering or recovering this information, our lawyers can assist you. In addition to a claim for medical expenses, lost wages, and bodily injury elements, you will be able to file a claim for any property damage losses. These can include damage to what you were wearing, the contents of your vehicle or saddlebags, broken phones and watches, and of course the damage done to your motorcycle. All of these elements have been used in prior situations and represent the kinds of information we collect to ensure we are proving your case.
You may also be able to claim any future losses and future medical expenses, if the evidence of such losses can be shown. Just because you have healed and can return to work does not necessarily mean you are in the clear. Some injuries can have long-lasting effects, which slowly take their toll on the body's joints and more delicate tissues and organs. Our San Antonio motorcycle accident attorneys will consult with a variety of medical specialists to make sure any future harm resulting from your accident is considered as part of your current case. You could also recover punitive damages if the negligent driver was malicious or reckless. Any incriminating evidence is helpful, so be sure to obtain a copy of the police report filed at the time of your accident. If you are unable to obtain a copy for whatever reason, Carabin & Shaw will help recover this and any other information to help prove your case.