If you suffered an injury due to negligence of an individual or company, you may be frustrated and overwhelmed. Without the assistance of an attorney, insurance companies may try to deny you the full amount of compensation. At Erskine & McMahon LLP, we do not accept this. We are here to fight fiercely for your legal success, having served the rights of East Texans for nearly 100 years. We believe that you should not have to pay for the reckless behavior of negligent individuals or companies. To ensure that you get the justice that you deserve for your case, call on our Longview personal injury lawyers for help.
Call (903) 500-2490 now to speak to a member of our team about getting legal support.
For your case to be viable, negligent behavior must have been the cause of your injury. This means that an individual or entity acted without a reasonable level of caution and allowed a dangerous situation to occur. This could mean that a distracted driver crashed into another’s vehicle, that a company created a defective product that harmed others, that a property owner failed to notify guests of a hazard, or many other situations.
Most accidents happen because one or more of the people involved were careless. If you are pursuing a personal injury suit, you must be able to prove the person or group you are suing is liable for your injuries. In order to determine this, you or your attorney must be able to establish the following:
Before you can seek damages for your injury, you must prove the person or people you are suing directly caused your injury. Without causation, your case will be relatively weak.
Just as each case is different, each case result will vary. Most people decide to pursue a personal injury case to recover damages lost as a consequence of the injury. If you win your case, you will receive compensatory damages, which are meant to make the injured plaintiff “whole” again from a monetary standpoint. This means calculating how much you paid for medical treatments, loss of income, and property damage, which are easier to add up. You may also recover compensation for pain and suffering, emotional distress, loss of enjoyment, or loss of consortium, which is much harder to calculate.
Additionally, in cases involving extreme negligence, the court may award punitive damages in your case, which are designed to punish the negligent party to encourage them to refrain from making the same mistake in the future.
In cases involving catastrophic injuries, pursuing a personal injury case is vital. Injuries can sometimes result in long-term or permanent disabilities, which can prevent you from continuing your regular line of work. For example, if you are a construction worker whose leg was crushed on the job, and your leg will be permanently weakened for the rest of your life, you will likely be unable to return to work. In some cases, you might also be required to change the layout of your home, hire a full-time caretaker, or attend rehabilitative therapy for months or years in order to recover range of movement. If someone else was responsible for this level of damage, they should be held financially accountable for your recovery.
Insurance companies make most of their money from collecting premiums. They lose profits by paying claims for policyholders. Therefore, if they can keep from paying these claims, they will. If your case seems insufficiently proven, the insurance company might outright deny your claim. Even if you have sufficient evidence, some insurance companies will give you the runaround or make you jump through hoops before paying your claim. Some might even wait to pay in the hopes you will give up. These kinds of practices are illegal and in bad faith. If you’re dealing with a bad faith insurance company, you will need the help of a skilled attorney to fight the underhanded tactics of that business.
If you would like to get personalized advice about your situation and find out if you have grounds to file a claim, please reach out to our team and schedule a free consultation with a Longview personal injury lawyer from Erskine & McMahon LLP. During this appointment, we can address any questions or concerns that you may have. When you are trying to get justice you need a champion fighting for you – you need our team.
Contact us if you would like to learn more about how our lawyers can help you.
The experienced legal team at Erskine & McMahon, LLP can help. Contact Us at our Longview office today! (903) 500-2490