- Car accidents
- Truck accidents
- Pedestrian accidents
- Slip and falls
- Motorcycle accidents
- Bicycle accidents
Seeking the help of an Odessa personal injury lawyer
Fighting for the compensation you deserve in a personal injury case can be an uphill battle. The insurance companies have several resources on their side that they can use to their advantage. Even when it is obvious that you are not responsible for your accident, insurance companies will scrutinize your claim and search for ways to legally deny it. At Stewart J. Guss, Attorney at Law, our Odessa personal injury lawyers want to be of service to you as much as possible. Instead of treating you as just another client, we take a personal interest in the outcome of your case. Unlike many law firms that take on too many clients that they cannot juggle, our Odessa personal injury lawyers put everything we have into each case. We give your case the undivided attention that it needs and always put your needs first. We take a proactive approach to meeting all of our client’s expectations.Assessing the value of your claim
Another way that our attorneys can assist with your case is by properly assessing all of your damages. It is one thing to know about the different damages you can seek and another to calculate them correctly. Our lawyers can evaluate the value of your damages and ensure that the compensation will be enough to meet your financial needs.Preventing you from accepting lowball offers
Having an experienced personal injury lawyer on your side can prevent insurance companies from taking advantage of you. Many insurance companies try to benefit from the desperate state many personal injury victims face. They will offer an initial settlement amount that is always lower than what the personal injury victim can obtain from their claim. An Odessa personal injury lawyer can advise you to refuse a settlement offer that is not enough for your compensation and can negotiate on your behalf for a larger settlement.Providing the support you need
While we provide many practical services for injured clients, such as investigation and insurance negotiations, we are also here to support you during the process. We aim to remove all the stress off your shoulders, so you can keep up with your medical treatment and physical recovery. The last thing you need is to worry about missing a deadline or forgetting to submit evidence to an insurance adjuster. With our legal team behind you, these will not be concerns. You can adjust to life with your injuries, knowing someone is fighting for your legal rights and financial future.Personal injury claims
Personal injury law allows you to hold a person or party accountable when you have suffered significant harm due to another's actions. You endure a certain amount of loss from an injury, and you should not have to cover those losses if you were not at fault for the accident. The law allows injury victims to prove liability for their injuries and seek full compensation for their medical bills and other losses. Almost 98 million people seek medical treatment in emergency rooms each year due to unintentional injuries in the United States. The resulting personal injury claims can result from many different incidents involving the negligence of others.Truck accidents
These accidents often happen due to a truck driver's negligence and often result in serious injuries. Trucking companies can also be liable for truck accidents, depending on the circumstances.Drunk driving accidents
When a drunk driver makes the dangerous decision to put you, other motorists, and themselves in danger, you can file an auto accident claim against the drunk driver if you suffer harm in a crash.Construction accidents
Construction workers face many risks on the job, but the negligence of third parties can increase the chances of accidents and injuries. Workers can file injury claims against negligent parties other than their employers to seek compensation for their losses.Bicycle and pedestrian accidents
In addition to hitting other vehicles, negligent drivers can cause serious harm to cyclists and pedestrians in collisions. Cyclists and pedestrians have little protection and regularly sustain catastrophic injuries.Premises liability
When you suffer injuries while visiting another person’s property, you might hold a property owner accountable for failing to provide a reasonably safe environment. You can also hold property owners liable when there is a noticeable lack of security on-premises or the owner’s dog escapes and attacks you.Pursuing successful injury claims
You might think your injury case is open-and-shut. Someone else caused your injuries, so they should have to pay you, correct? Unfortunately, insurance companies make obtaining a successful result in a personal injury case challenging. Our attorneys know how to approach personal injury insurance claims to establish liability and damages. These are critical steps to obtaining full compensation for your losses.Establishing liability
While it sounds easy to prove that another person was liable for your accident, it is anything but. You might know that a driver failed to stop and crashed into your car, but you need evidence that they were negligent, leading to the accident. If you slipped and fell in a store, you might know that the floor was wet, but what happens if the insurance company blames your clumsiness or distraction for the fall? Our lawyers gather evidence of liability to present to insurance companies to prove the policyholder's liability for your injuries. Insurance companies often engage in victim-blaming to avoid liability, but our attorneys know how to challenge these tactics.Proving damages
Once you establish the other party’s liability in your accident, you must demonstrate how much compensation you deserve. Even if an insurance company admits liability for an injury, the adjuster will try to minimize your settlement however possible. You will need substantial proof of your damages to support the compensation you demand for your losses. Common damages include:- Medical bills for past and future care
- Past and future lost income
- Pain and suffering
- Permanent injuries
Settlement negotiations
When you think of a legal case, you might first think of a lawsuit, which can seem overwhelming. In reality, most personal injury cases never get filed in court, as they settle directly with the insurance companies of liable parties. Insurance companies will make settlement offers for far less than you deserve, and you never want to accept any amount without legal guidance. Our attorneys will review any settlement offers and advise whether they are fair for your situation. If not, we can continue negotiating for what you deserve. Our skilled negotiators often reach favorable settlements directly with insurers, allowing you to receive your funds and move on with your life.Personal injury litigation
If you and the insurance company cannot come to a mutual decision about your appropriate compensation, the option to take your claim to litigation is still on the table. Litigation is a complex process, and we know how to navigate each step in your favor. We continue settlement negotiations during litigation and can represent you at trial if necessary. Often, having a lawyer shows the insurance company that you will not hesitate to pursue litigation, which might increase your chances of a quicker settlement.Odessa Personal Injury FAQs
Can you file claims against multiple parties?
It depends. There might be several parties whose negligence played a role in your accident, which means they should all share liability. Truck accidents are some incidents that regularly have more than one liable party in a claim. In addition to the truck driver, trucking companies and shipping companies can also be liable for a victim’s injuries. Depending on the nature of your accident, you can file a claim against several parties as long as you can prove their negligence.What if I have pre-existing conditions?
Your injury claim should not suffer if you had pre-existing conditions at the time of your accident. However, the insurance companies will try to use your pre-existing conditions against you. Insurance companies will insinuate that your injuries resulted from one of your pre-existing conditions and use that argument to deny your claim. You need a personal injury lawyer to refute the insurance company’s argument, so you can still receive the compensation you deserve.How can my personal injury lawyer prove the other party’s negligence?
Your injury lawyer will be responsible for proving the four elements of negligence:- Duty of care. The other party must have owed you a specific duty of care.
- Breach of duty. The other party’s careless actions must have breached that duty of care.
- Causation. The other party’s careless actions must have directly caused harm to you.
- Damages. You must have suffered significant damages due to the other party’s actions.
How long will my personal injury claim take to resolve?
Because each personal injury claim is different, the amount of time it will take to resolve depends on several factors. If you receive a fair settlement offer from the insurance company, you might accept it and close your case within weeks or months. If a settlement offer is too low, you might need additional evidence and several more rounds of negotiations. The key is to be patient, as getting full compensation is more important than a swift resolution in most cases.When should I call an injury attorney?
Texas law gives most injury victims two years to file a lawsuit in civil court, though many things must happen before a lawsuit begins. Always give your legal team plenty of time to prepare and negotiate your claim. Seek a legal consultation immediately after receiving medical care for your injuries.Speak With a skilled Odessa personal injury lawyer today
See what past clients have to say:
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"We received QUALITY service, reliable guidance and we are VERY satisfied with the outcome. Our treatment was both fair & honest; we highly recommend. If one word sums it up, the word would be Exceptional. “Thank you” for all you did!"
-Jeri B.