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When to sue Over an Injury

Personal injury cases can include various degrees of severity and thus various degrees of compensation, the total value of which often require legal assistance to determine and obtain. If you or someone you love has suffered in a personal injury case in San Antonio or the surrounding area, Carabin & Shaw has attorneys ready when you need to sue over an injury for compensation.

The initial action every San Antonio victim should take when attempting to file a successful claim with a San Antonio injury lawyer lies in self-education. Victims in this scenario should be aware of what constitutes a ‘personal injury’, and which of these accidents can typically be considered worthy of a lawsuit under each individual circumstance. Some of the most common types of personal injury losses include:

  • Medical or surgical malpractice
  • Workplace accident injuries
  • Motor vehicle accident injuries
  • Dog or animal bites
  • Product liability injuries

Unfortunately, it is not always clear when to sue over an injury. Insurers will often try to capitalize on this, obscuring the information available to minimize claims and save themselves money. This is why a victim’s own knowledge and documentation of details regarding their case are of paramount importance. If you have been involved in a personal injury accident, there are a few circumstantial clues which inherently indicate you may have a lawsuit on your hands:

  • You were not at fault.
  • You can prove you were not at fault.
  • Another party was at fault and liable for your injury.
  • You can provide evidence which can back your claim up.
  • You have taken all necessary steps to mitigate damages.
  • Your damages are significant enough to require compensation for the restoration of your quality of life before the accident.
  • The other party’s insurance company prevents you from obtaining full compensation.

There are a few typical instances when to sue over an injury and seek the professional legal guidance of a lawyer. Once you determine that a personal injury occurred and a person or business is at fault, there are a few things you need to file a successful personal injury claim:

  • Evidence and documentation:
    • This includes eyewitness reports, receipts, documentation of time away from work, hospital bill paperwork, and other hard evidence.
  • Indication of proper resolve in mitigating your own damages:
    • Proactiveness shown on behalf of the victim in areas of the case mentioned above, and extending to concern apparent in eyewitness reports, are key when building a case. Regardless even of obvious liability of the other party, if you do little to nothing to preserve your own case, your suit may lose credibility.
  • Show lack of guilt:
    • If you cannot prove to a judge or court that you possess no guilt in the accident and situation in question, the chances of your claim’s success could significantly diminish. Furthermore, in the state of Texas, if you are unable to prove your guilt below 50% in a situation, your case may be thrown out altogether.
  • Guidance of a San Antonio lawyer:
    • After these steps have been taken, your next best action will be to enlist the services of an attorney with experience handling personal injury cases who can help ensure you maximize your ability to obtain compensation.

Actively accumulating evidence and increasing your chances for compensation in personal injury claims can be a time-consuming process; many victims often face simultaneous financial stress and sometimes even loss of their jobs. There are four general characteristics of personal injury cases which indicate why you should always hire an injury attorney to fight your claim:

  1. Insurers often do not hold their clients’ best interests as their number one priority during the process of compensation.
  2. It’s an excellent chance to self-educate in the shadow of a professional.
  3. Filing a personal injury claim can be a long process that entails strict acquiescence to the appropriate rules and regulations.
  4. Your damages and losses may be much more significant than is immediately apparent.

For all your questions, contact a San Antonio injury attorney from Carabin & Shaw today. We will stop at nothing in our quest to pursue the truth, hold responsible parties properly accountable, and determine who and when to sue over an injury or other damage suffered on the job or at the hands of another party’s negligence.

At Carabin & Shaw, our lawyers have aided thousands of persons across Texas in all aspects of their individual personal injury lawsuits. We offer all new clients a cost-free and obligation-free initial consultation. Our attorneys are committed to help steer you towards maximum financial compensation and life recovery following incidence of personal injury.

Schedule your free consultation today by calling the lawyers from Carabin & Shaw serving San Antonio at 210-222-2288 or toll-free at 1.800.682.1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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