Personal Injury Lawyers » How a Release Works

The Legal Ramifications of Signing a Release

In every personal injury case that we settle, our clients will eventually sign a release that will release the defendant from any future financial obligations. When properly evaluated and endorsed by your attorney, signing a release is a fairly innocuous event that should signify the conclusion to your former legal troubles.

However, for those that are not represented by an attorney, signing a release can, in fact, be the beginning of their legal troubles. In this article, we explain precisely what a release is, consequences of signing, and common concerns that must be taken into consideration before signing a release.

Dangers of Signing a Release

There are several concerns that must be addressed prior to signing a release and those who are not represented by a competent attorney can fall victim to these pitfalls.

1) Is The Release Equitable and Sufficient to Cover Your Costs?

When you sign a release, you are forever relinquishing your right to sue the defendant regarding this claim. Before making this exchange you should talk to an attorney to make sure it is a good idea to release the defendant from all future liability regarding this claim and that the settlement amount is enough to compensate you for your damages.

We have had clients who signed a release believing that it was equitable and sufficient to compensate them for their injuries. However, it was revealed that the injuries were worse than they appeared at first and that more money would be needed for future medical expenses, but since the client signed the release they were not able to get compensation for these […]

The Attorneys at our Law Offices Discuss Mediating a Personal Injury Lawsuit in Texas

In the movies and on television, the practice of law is usually done in courtrooms with a charismatic lawyer screaming out “Objection, Your Honor!” In reality, many methods exist to resolve a case and most are far less complex and stressful than taking the case to court. An expert personal injury lawyer begins preparing his or her case as soon as he or she takes it, but the purpose of building a strong case is not to go to court, but to force the defendant or their insurer to reach a fair settlement without going to trial.

While an assertive attorney is never afraid to take the matter to court, most commonly, the best way to settle a case is through mediation.

If you have suffered a personal injury, mediation may be the best venue for you to seek restitution. Texas attorney and his team of lawyers at our Law Offices are here to explain mediation to you and help you decide if it’s the best option for settling your personal injury claim.

What is Mediation?

Mediation is designed to cut down on the amount of litigation by permitting attorneys for both the victim (plaintiff) and defendant to meet personally with an unbiased third party and see if the case can be resolved without going to trial. Both sides have the opportunity to present the evidence that would use in court, if the case comes to that.

Generally, the two parties in a lawsuit agree to mediation after the suit has been filed but before the trial is scheduled to begin. Both parties are […]

Intervening Causes in Personal Injury Cases

Houston Personal Injury Lawyers » Intervening Causes in Personal Injury Cases

What is an Intervening Cause in Relation to a Personal Injury Claim or Lawsuit?

One of the elements of proving negligence in a personal injury claim is causation. To be awarded damages, the plaintiff must prove that the defendant had a duty of care, he breached that duty, the victim suffered damages, and those damages were directly caused by the defendant’s actions.

The defendant can only be held liable for the plaintiff’s injuries if the defendant’s actions were the direct cause of the victim’s injuries. This means that a direct link must exist between the defendant’s actions and the injury. Occasionally, the defendant will be able to assert an affirmative defense such as an intervening cause. An intervening cause may absolve the defendant from liability; however, it typically will not absolve the defendant on the sole argument that it is an intervening cause.

What is an Intervening Cause?

Generally, an intervening cause breaks the link between the defendant’s action and the injury caused. There are several requirements that must be satisfied before an event can be labeled an intervening cause. To be classified as an intervening cause the event must have occurred after the defendant’s negligent action, but before the victim’s injury occurred. Additionally, this intervening cause must have actually caused the injury. If all these elements are met, the event can be deemed an intervening cause by the court and relinquish the defense from liability. For example, say you own a restaurant that is occasionally run by a generator located in the back alley. You spill gasoline while trying […]

Are the Roads Safe For Bicyclists

Despite efforts by many bicycle organizations and government agencies, a considerable amount of work must still be done to make roads and streets safe for cyclists. A study conducted by the Insurance Institute for Highway Safety (IIHS) revealed that hundreds of U.S. cyclists are killed in crashes with motor vehicles. Sadly, almost 91 percent of cyclists killed were not wearing a helmet. According to the IIHS, helmet use has been estimated to reduce the risk of head injuries by 85 percent. The IIHS also reports death among cyclists 16 and older increased in recent years, while death among cyclists younger than 16 declined significantly. Adults between the ages of 35 and 54 represented almost 40 percent of all bicycle collision fatalities in the state, reports the Metropolitan Transportation Commission.

If you or a loved one has been injured in a bicycle accident, it is within your best interest to speak to a personal injury lawyer as soon as possible. Our bicycle accident lawyers understand how devastating an unexpected injury can be. If the bicycle crash injury was caused by the negligent or careless actions of another, you may be entitled to financial compensation. Our firm has helped clients obtain compensation for medical costs, lost wages, lost benefits, disfigurement, shortened life expectancy, and pain and suffering.

Causes of Bicycle Accidents

In most studies, driver negligence has been shown to be the most common cause of accidents involving a cyclist. Common negligent or careless actions by a motor vehicle driver, include:

Backing out before checking mirrors
Inattentiveness
Aggressiveness
Use of drugs or alcohol
Unsafe left hand turns
Failing to yield the right of way
Driving through a stop sign […]

Injuries Caused by Automobile Defects

San Antonio Personal Injury Lawyers » Injuries Caused by Automobile Defects

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General Overview of Injuries and Death Caused by Automobile Defects and the Failure of Car Safety Features

For over 2 decades, our law firm has represented clients in the San Antonio area that have been injured in automobile accidents. Many of the accidents were the result of the automobile being defective. Automobile defects can occur in many different ways. This article will provide an overview on the common types of automobile defects.

Air bags

In recent years, air bags have been a common defect in automobiles. Air bags are known to cause serious injuries or even death. However, air bags are never known to be defective until you are involved in an accident and then they fail to deploy or they deploy improperly. When air bags were designed for the automobile, they were designed to minimize the impact of the accident and to protect your body from being crushed into the steering wheel. But apparently, this wasn’t happening.

During the making of the air bag, no one considered that many people sit closer to the steering wheel while they drive or that children sit in the front seat. So when or if the air bag did deploy, the impact was 10 times worse and adults were suffering head and chest damages and children were instantly being killed. Due to the increase of accidents caused by the defective air bags, children are no longer allowed to sit in the front seat until they research a certain age.

Tires

We all know that tires are one of the most […]

San Antonio Personal Injury Lawyers » How to File a Personal Injury Case

The Process of Filing a Personal Injury Case in San Antonio Texas

The people in San Antonio and the surrounding areas have access to great hospitals and some of the best medical care in the nation. The school system is also highly regarded as one of the best districts in Texas and has schools which are recognized as being some of the best public and private schools in the country.

With a large population, and numerous businesses and institutions, San Antonio is also home to thousands of personal injury accidents every year. If you have been injured due to the negligence of another person, whether it is caused by a careless doctor or a reckless driver, you may be entitled to damages and our attorneys at Grossman Law Offices may be able to assist you in filing your personal injury claim.

Who is Responsible for My Injuries?

The first major obstacle you will face when filing a personal injury claim is determining who is at fault for your injury. While this can sometimes be fairly obvious, in many cases it is an incredibly complex question that of which our attorneys can help you assess.

If you are sitting at a stop light on Ewing Street and you are rear-ended by a car behind you who negligently failed to stop because they were texting on their cell phone, then that person is obviously the responsible defendant. Other times it is not directly clear who is responsible for your injury.

For example, let’s say that the same situation occurred […]

Do You Need A Texas Car Accident Injury Lawyer?

As a general rule, if you suffered no personal injuries, you should be able to settle your case with the opposing insurance adjuster for approximately the same amount of money that a Car Accident Injury Lawyer in Texas could obtain for you. In this type of case, you are entitled to money to repair or replace your car and for the use of a rental vehicle until your car is repaired or replaced. It does not require legal or a Car Accident Injury Lawyer skill to obtain repair estimates for the damage to your car or to determine the fair market value of your car. For repairs, simply get quotes from reputable repair shops and compare them to the amount offered by the adjuster.

If your car has been totaled, determine the fair market value of your car by consulting reference sources such as the Kelly Blue Book, NADA Used Car Guides or Edmunds. These publications provide accurate information for most makes and models of cars. In this case it is safe to proceed with your negotiations without the representation of a Car Accident Injury Lawyer in Texas.

If your case involves personal injuries from the accident, a more detailed analysis is required. If the injures are minor and you fully recover from the injuries in a few days, you probably do not need a Car Accident Injury Lawyer in Texas. Minor injuries are ones that result in less than a $1,000.00 in medical bills. To obtain a fair settlement for your minor Car Accident Injury claim, educate yourself sufficiently to negotiate with […]

Serious Injuries – Call the Personal Injury Lawyers

As personal injury attorneys who handle many cases involving very serious injuries, we are frequently asked questions by clients and family members about matters commonly of concern to them. In order to provide our readers with some general guidance about serious injury cases inTexas, we have decided to do a series of blogs on frequently asked questions in the context of such cases. This entry shall address the first of many of such questions, with future blogs on other FAQs to follow.

1. Who pays for my medical bills while I am recovering from my injuries?

Answer: You do. In Texas, we do not have a “Pay As You Go” rule. In a hypothetical automobile accident where it is admitted that the other driver is at fault, there is still no duty of that driver or his insurance company to pay medical expenses for the injured victim as they are being incurred. Instead, the injured individual is required to use his or her own resources to pay for medical expenses as they are being incurred. If the expenses incurred exceed available insurance coverage, the insurance carrier for the at fault driver may decide to tender available coverage without further delay, but there is no legal requirement that they do so. However, if the medical expenses being incurred do not exceed available coverage, typically, such bills will not be paid until all medical reports are made available for review to make sure that the incurred medical expenses are related to the injuries caused in the hypothetical collision. Thus, in Texas, as in many other […]

Frequently Asked Questions – Motor Vehicle Accident

The Blackman Legal Group has 26 years of experience helping injured people recover physically and financially from motor vehicle accidents. We know that when an accident happens, you may find yourself wondering what to do and who to trust. Our attorneys are ready to help. If you have questions, please contact us.

Questions you may have when involved in an accident include:

When should I seek medical care?

Although you may think you feel fine right after a serious accident, you should seek medical attention promptly. People will often find that rather than feeling better 12-24 hours after an accident, they feel much worse. Waiting to get treatment or trying to “tough it out” will only hurt your chances of making a full medical and legal recovery. When you see the doctor, you should be sure to explain exactly what your injuries or complaints are. Do not try to minimize your injuries or symptoms. You will be giving insufficient information to your medical providers, making it much more difficult for them to make an accurate diagnosis and treatment plan.

Which doctor should I see?

If you are seriously injured you will be brought to the appropriate emergency medical provider for immediate treatment. If you have been hospitalized you will need to follow the advice of the doctors who are caring for you. When you are able to, you should contact us so we can assist you in arranging for and coordinating your ongoing medical care.

How long should I continue to seek medical care?

You should continue to seek medical care for as long as you are […]