Ask a Car Accident Injury Lawyer in San Antonio: Factors That May Influence Your Case
1. Determining Liability
Sometimes liability is evident in a case. If you were driving normally, but the other driver was speeding, talking on the phone, and looking back to talk to their kids in the back seat all at once, then it's easier to determine they're most likely liable for the accident. However, if you and the other driver were both negligent in different ways, then liability is tougher to determine. An excellent car wreck lawyer in San Antonio, TX will help determine who was at fault.
Both your lawyers will have to build cases in your favor to prove that you were not the liable party. Your lawyers, the insurance companies, and sometimes in rare cases, the court will have to determine who was liable or how liable each party was. Texas uses proportionate responsibility to determine liability and allocate damages. This means your damages can be reduced if you were partially liable for the accident.
2. Interviewing Witnesses
You have to exchange information with any witnesses to the accident. They'll need to provide statements to your lawyer. If there were many witnesses, your attorney will have to conduct many interviews. This can take several months, depending on how busy these witnesses are and whether or not their stories line up.
3. Getting Through Recovery
You may still be receiving treatment for your injuries. This means your lawyer cannot conclude how much you can claim, as your medical expenses are yet to be determined. You can only come to an accurate conclusion once your medical bill is finalized. This will also help you determine how much future medical care might cost if you've been left with a disability, PTSD, or injuries that may take several years of physiotherapy to recover from in full.
A car accident attorney will likely refuse to settle a claim until you're sure of the recoverable damages you're entitled to once you know the cost of your medical fees. This makes it fairer for you. The defense's automobile insurance is supposed to cover medical payments after an accident, and your attorney doesn't want you to come out of this case with less than you deserve for your damages.
4. Difficulties With the Insurance Company
Insurance companies don't want to pay. This means the insurance company will most likely offer you a lower settlement than you're entitled to. This may require weeks or months of negotiation, and your lawyer will pull out every tiny piece of evidence to help you win your case. The companies will also want to do their own investigations to try and find scraps of information they can hold against you to attempt to devalue your claim.
You shouldn't worry too much here. If the insurance company is truly in the wrong and you are working with a great lawyer, you're quite safe. Legal professionals are familiar with the tactics insurance company use to try and devalue your claim. They can combat any false or outlandish claims the defense tries to make against you. If you have a solid case, then you're most likely going to be safe from their claims.
5. Refusing Liability
Sometimes you'll end up in an accident with someone who simply doesn't want to admit liability even if they were the sole party responsible. This is going to put the brakes on your case until your lawyer can prove without a doubt that the other party was responsible for the damage you suffered. Rest assured, though, that if you were truly 0% at fault, then this will come to light when your case is investigated.
6. Multiple Parties Involved
If you were in an accident involving more than one other driver, then the case will automatically be more complicated. These cases involve more investigations, and it can be harder to determine who was fully or partially liable when there are multiple drivers involved.
Legal proceedings often take a long time due to the amount of time and investigation that goes into cases to ensure a fair result. Your case may take months or years to come to a settlement, but if you have an excellent attorney, then you can be sure you'll come out the other side of it with excellent compensation for the damages you suffered. You'll find all the investigation and negotiation were worth it in the end.