This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers principal office in San Antonio
Unfair Settlement Scams
Sometimes insurance adjusters try to convince you to sign a paper to free them in exchange for a settlement. Such a settlement, when not solicited or reviewed by a plaintiff’s lawyer, is most likely to be very minimal. It is not in your best interest to sign any paper without a legal adviser. You don’t want to deal at all with these high-powered insurance adjusters without a lawyer.More information our San Antonio Workers Comp Lawyer here
On the other hand, a proper settlement may benefit victims just as a minimal settlement will definitely take away your rights. This is why a lawyer needs to make your case and review anything they put in front of you. Their settlement will require you to give up your ability to sue in the future. The other side knows you are in a bad economic situation and they hope that you will be willing to accept a fast cash payout – telling you that if you don’t accept it, it could be a long time before you get compensation, or that it’s the best that you can hope to get. A knowledgeable fatal work accident lawyer will tell you how much your case is worth and help you assess whether the defendant’s settlement is good. Be sure to talk to a lawyer before giving away your legal rights.More information our San Antonio Work Injury Lawyer here
Getting Compensation Through Two Avenues
In a settlement, the plaintiff and the defendant go through talks and reach an agreement without the help of a judge or jurors. When you accept a settlement, you may usually get your money much more quickly than you would if you had gone to trial, and it is a good way to avoid the uncertainty that is always present when your fate is put in the hands of a panel of jurors. There is a problem in that obtaining a good settlement offer from a defendant is not easy and it requires the help of a knowledgeable fatal work accident lawyer to negotiate on your behalf.
Defendants don’t want to pay you unless they understand you have a case that will cost them more if they go to court. Our Law Office will make sure that your case is solid and backed with both physical evidence and a compelling legal strategy. Our law firm has won positive, generous settlements and judgments in fatal work accidents for more than two decades. Insurance firms, law firms, and others understand our reputation and often prefer to settle with our clients than to meet one of our fatal work accident attorneys in the courtroom.
You may not be able to reach a settlement and you will have to take your case to a court of law to win. The plaintiff in a court of law has the burden of proof to show that the defendant should be liable for their damages and they have a specific list of 4 parts to show to the jurors. This is a heavy burden and it’s why you do not want to represent yourself. This is particularly true in cases as complicated as fatal work accident lawsuits.
You will have to have a solid strategy and an organization of the physical evidence presented in a way that convinces jurors. You also have to have a knowledgeable fatal work accident lawyer to fight against the defense tactics used in these types of work accident lawsuits. Your legal representative must demonstrate to the satisfaction of the jurors those 4 essential parts of the law, duty, breach, causation, and damages. Demonstrating the first – duty – means to show that the defendant in the accident had some kind of obligation to act in a way that would not hurt others. This is the easiest of the 4 parts to show because in most cases it is not hard to show that defendants in cases of fatal work accidents have a duty to practice safety.
When your lawyer has proven that the defendant has a duty of care, our firm must then show that the defendant’s conduct breached that duty of care in the accident. There is a lot of physical evidence and records that come into play whether you are talking about a working driver, transport firm, or a third party. It is necessary to establish that the defendant was careless in some way violating his duty. This is an essential factor when trying to show to the jurors the liability of the defendant. Defendant’s breach of the duty of care means that he did something that a reasonable person would not do to make sure that others don’t get hurt.
After that, our firm has to show causation. As you have seen, many parties had a hand in the preparation of the semi-trailer and the number of parties could have been involved before or at the scene of where the accident occurred. Sometimes, defendants pursue to blame these others, or your lost loved one. If you do not have enough physical evidence to show that it was the defendant specifically named in your lawsuit, you may not win at trial.
Finally, you must show your damages. It’s not just the death of your beloved when our firm asserts “damages.” The word “damages” means money that the defendant must pay you if you win your case before the jurors and the judge. You may deserve damages for pain and anguish, health care costs, repair bills, your loss of support through lost or diminished income, the loss of future earnings, etc.
It would not be enough to simply request the damages. You will have to show that you deserve that which you ask for. This involves figuring the total of your damages and putting a price on them. This means that you should have documentation of your damages in court to support your determinations. Several times, in most cases of fatal work accidents, the amount of damages is a very touchy subject and it is subject to much argumentation. Determination of damages is often not an easy task for non-attorneys and even the untested attorneys have trouble doing this right. It takes experience to determine things like intangible damages such as your own mental anguish, loss of consortium, and ongoing health care costs if you were hurt in the work accident that killed your loved one. In addition, the determination of the loss of future earning capacity is not as easy as picking the most recent salary of the victim and multiplying it by their remaining years of work life. Determination of loss of earning capacity may be another obstacle for beginners. Damages for loss of income earning capacity are made to compensate the plaintiff for the salary that the deceased will not be able to earn in the future. The fatal work accident attorneys at our Law Office know how to account for all damages and determine the damages properly to enhance your potential compensation. Our firm also understands the type of physical evidence needed to show the defendant’s fiscal liability before a judge and jurors.
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