PERSONAL INJURY LAW
About our Personal Injury Practice:
If you are in need of an injury attorney in San Antonio you have found the right place! At Shumway Van, our team of personal injury lawyers are committed to assuring that you do not become another victim of an insurance company. Each San Antonio personal injury attorney is dedicated to his or her legal practice and can help you with cases involving car accidents, slip and fall, wrongful death, defective products or dangerous drugs. No matter whether your case is small or big, make sure you meet with an attorney so that you are aware of what you should expect from your situation.
Our injury lawyers in San Antonio understand that getting into an injury accident is a life-changing experience, and you deserve to be educated about victim’s rights, kept informed about your case during the entire process, and helped to recover the maximum case compensation possible for your case in the shortest amount of time. Working with an accident lawyer in San Antonio can ensure that you get the best result possible for your case. Additionally, working with a competent attorney can ensure that you are able to get all of the care that you need before you even file a lawsuit. If you have been in an accident before then you know how important it is to not have to worry about paying all of the treatment costs immediately, and our attorneys do their best to protect our clients against this burden.
Even if you just have a few questions for a San Antonio injury lawyer please don’t be afraid to call. Even if you decide to use another law firm to pursue your claims, we are always happy to help however we can. Our free consults are completely FREE! You have no obligation whatsoever to hire one of our injury attorneys afterwards.
No hassle. No Obligations.
Because of our no fee guarantee, you don’t pay us unless we win your case. Our guaranty allows you to focus on your recovery while knowing that your injury lawyer in San Antonio is working as aggressively and efficiently as possible to get you the maximum compensation that you deserve.
Types of Cases We Handle:
The injury lawyers in San Antonio at Shumway Van are able to handle a wide variety of injury cases from the extremely complex to the simple slip and fall, however, our injury attorneys primarily focus on being the best accident attorneys in San Antonio, and have handled a significant number of cases relating to car accidents, motorcycle wrecks, semi-truck accidents, product liability, premises liability and defective products and dangerous drugs.
As car accident attorneys, our San Antonio personal injury lawyers have years of experience and have retained a knowledgeable staff that will direct you every step in the process. You are never alone when you are working with Shumway Van. Let an experienced accident lawyer represent you and help you to get the compensation that you deserve for your case.
Our personal injury lawyers zealously represent our clients to ensure that each one of them gets the win that they deserve. Whether that win comes in the form of a settlement or after a hotly contested trial, our injury attorneys take care of their clients all along the way.
No individual needs to go without representation and no one should attempt to handle their own injury case without assistance from an attorney. We believe that no person needs to face the insurance industry alone. Our injury attorneys know the law and your rights and can help you to get the result that is right for you and your family. The law firm of Shumway Van gives you an experienced voice who will fight for you every step of the way.
Note: Never communicate with the police or an insurance company without having your attorney present.
Were you recently injured in a car accident in San Antonio? Because of the number of daily drivers in San Antonio, being involved in or hearing about car accidents has become a very usual occurrence in most people’s lives. Many times after a small accident, the involved parties trade insurance information and allow their insurance agents to deal with settling out the particulars of who gets to pay for what and how. However, if the damages sustained were significant in any way then you would be well advised to hire an injury attorney San Antonio who can pursue a lawsuit if necessary.
Hiring San Antonio personal injury lawyers can guarantee that you get the compensation that you are entitled to after an accident. Oftentimes people who are injured in an accident focus on the damage to their vehicle and a portion of the medical costs. Damages, however, can include, but are not limited to the following:
Earnings lost due to the accident.
Medical costs associated with any treatment necessary to allow for recovery.
Any time you are seriously hurt in an accident, you are entitled to compensation for the time where you were incapable of working in your regular occupation. Additionally, the party at fault generally is liable for paying for all medical expenses and damaged property sustained from the car accident. Medical expenses can last a lifetime though so calculating what your “damages” are can become extremely complicated. Calculating such damages is one of the duties of the injury lawyer in San Antonio hired by the injured party. Left alone, a victim may not accurately calculate damages and end up with a lot less then he or she deserves.
Don't Trust Any Insurance Agency or Company.
Insurance companies and business are never, ever, on your side during a negotiation over an injury case, including those cases associated with automobile accidents. Though it is their obligation to ensure you are appropriately compensated, an insurance company will attempt to settle with you for as little payment as possible. This desire to pay as little as possible can include your own insurance company so sometimes the San Antonio injury lawyer hired to handle the case has to fight both your insurance company and the insurance company of the other party.
Almost all insurance companies will come to you, the customer, directly in an attempt to obtain get you to settle for as little as possible. They will provide numbers and argue fault and try to get you to believe that your case is not worth very much and that they are being generous with their offer. Never accept any offer until you consult with an automobile accident lawyer! As soon as accepted, your case will be “settled” and no lawyer will have the ability to re-start the negotiation for you or get you more compensation in the future because of the documents that you will sign in exchange for the small check that the insurance company will offer to you.
Working with a car accident lawyer should allow you get the optimum compensation because your attorney will be battling to get you the maximum amount because he or she shares in that compensation if you agreed to a contingency fee. Your lawyer will work out with the insurance adjustors, reconfiguring the numbers until all parties are satisfied with the settlement amount. If the case cannot be settled then the car accident lawyers at Shumway Van will take the case all the way to trial if necessary. If you are injured in an accident please give Shumway Van’s injury lawyers in San Antonio a call today to schedule a free consultation! Our injury attorneys can advise you about your claims and help you to understand how the legal process works.
When an insurance company contacts you with an offer, do not accept it without calling Shumway Van. We want to help you with getting the maximum that you are entitled to today whether that is through settlement or litigation, so utilize a free consultation to learn more about your rights and what a good injury lawyer can do for you.
San Antonio has long been known as a place that can be deadly for motorcyclists. When you mix the San Antonio lifestyle with motorcycles sometimes the motorcycle rider ends up losing. Whether an accident is caused because of traffic congestion, a drunken pedestrian crossing the road, or driver distracted by the sights and sounds of the River Walk, the motorcyclist is most often the one paying the price. Because the injuries sustained in motorcycle crashes are often so severe most require the assistance of a San Antonio personal injury lawyer to get fully compensated for the accident.
Reason Motorcycle Fatalities Are So High
Motorists often fail to yield to motorcyclists because they simply cannot see them, which is the reason for nearly two-thirds of motorbike accidents. When driving, many vehicle drivers fail to recognize that a motorcyclist follows the same rules-of-the-road as they do but when things go poorly then the motorcycle doesn’t provide the same kind of protection a car or truck will. The injuries, therefore, that result from motorcycle accidents, are usually extremely severe and long lasting.
These accidents often begin and end within a few seconds-- but the damage and pain caused can last a lifetime. If you are looking to get yourself compensated, hiring an injury lawyer in San Antonio that knows what it takes to win a case can secure your financial future and allow you the time necessary to recover and get back to a normal life.
Hire a San Antonio personal injury attorney at Shumway Van to Represent You throughout Your Time of Need
At Shumway Van, our San Antonio personal injury lawyers will assist you with getting settlement for your accident or taking your case to trial if the insurance company and/or other party will not agree to settle for a reasonable amount. Whether you or someone you know was injured or killed because of a motorcycle accident, you might be entitled to payment for the following, among other things:
Loss of income.
Pain and suffering.
Each personal injury lawyer in San Antonio at our law firm knows motorcycle laws and can establish that you were victimized while riding your motorcycle and deserve compensation for your injuries. Our accident attorneys have seen, first-hand, the damage and impact that a motorcycle accident can have on an individual and family. The damage can last for many years to come and you can be certain that each San Antonio injury lawyer at our law firm will take every step necessary to win your case!
With millions of registered “truckers” in the world, truck accidents are becoming significantly more common, especially in San Antonio. Although the laws have changed recently to help to prevent trucking accidents from occurring, they are still happening each and every day. The result of the increase in truckers and trucking is thousands of truck-related accidents each year that are oftentimes much more catastrophic than a car accident because of the size and weight of these semi-trucks. Because this is the case many of San Antonio’s citizens end up looking for a personal injury lawyer in San Antonio after an accident with a truck occurs.
The majority of Prominent Reasons behind Truck Accidents
As you might assume, because more and more products are being transported around Texas, trucking accidents have increased considerably in the past a number of years. Many accidents involving semi-trucks leave the truck driver at fault due to the fact that he or she was:
Not taking note of the road conditions;
Too exhausted and overworked;
Not paying attention to the many blind spots; or
Hurried to meet a deadline.
Additionally, mechanical and component defects can also be the reason behind why the truck fails and causes an accident. This can then leave the manufacturer of the equipment at fault or the company who didn't have the truck correctly inspected prior to it beginning the haul. Injury cases associated with trucking can be complicated, however, and often the stakes are a bit higher. Because this is the case it is often necessary to hire San Antonio personal injury lawyers to pursue claims.
According to the United States Consumer Product Safety Commission, about 30 million injuries are linked to malfunctioning products each year. Each year, San Antonio personal injury lawyers represent hundreds of clients are hurt or killed by a product they are taking, utilizing or are otherwise exposed to, leaving the manufacturers with the problem of liability for the products that they manufactured all or a part of. Costs of injuries, deaths and damages linked to defective products are over $500 billion each year. Personal injury lawyers in San Antonio often have to step in to make sure that large companies are made to pay for the damage that their products have caused.
Product liability cases result when a faulty product is placed in the market and causes injury or death to its consumers. Even if only one unit of a certain product was defective even though thousands or millions of units were manufactured, and that unit causes an injury, the victim may still be eligible to sue the manufacturer for the damages associated with the injury.
General Types of Product Liability Cases
If you were recently injured or know someone who was injured or killed by a product they were using, that case might fall under one of the three general kinds of product liability cases:
Faulty product design.
Malfunctioning product manufacturing.
Failure and carelessness or negligence to warn of a product defect.
Hiring a San Antonio injury lawyer that knows how to prosecute a product liability case will help you to comprehend how to pursue the manufacturer and/or distributor of the product that injured you. Malfunctioning product design creates liability for the product designer, while faulty production creates liability for the company that manufactured the product. If the company knew of the defect while still putting it out in the market then that case would fall under the “failure and carelessness or negligence to warn of a product defect” category. Understanding these things and coming up with a viable legal strategy to pursue your claims is the job of a qualified and competent injury lawyer in San Antonio.
If you or someone that you know was injured while on someone else’s property, whether it was commercial or residential property, most San Antonio personal injury lawyers will tell you that you might have a “premises” liability case. Lawsuits of this type are typically brought if the injuries sustained in the accident needed immediate medical attention or were so severe that no other option was available to the victim.
The most common premises liability case is the typical slip-and-fall injury, which is typically due to neglect on the shop, business or home owner. Nevertheless, a premises liability case can be anything from combustion/burn injuries, poisoning, insufficient protection, pool mishaps, elevator accidents, and assault cases. This list is not exhaustive though so if you have been injured on someone else’s property then you probably want to seek counsel from a San Antonio injury lawyer who can properly advise you about what claims you might have and how to proceed with getting compensation for your accident.
While these cases appear simple to win on the surface, they can often be quite challenging. San Antonio personal injury lawyer representing the victim must establish who owns the property, if the owner is responsible for the injuries sustained, and if the owner was the reason the injury was sustained. To prove these three pertinent facts would be laborious for anybody who does not understand the laws surrounding this type of case. This is why it is so important to get an experienced accident attorney to help out with your case.
Employing one of the injury lawyers in San Antonio at Shumway Van will make sure that you have an attorney that is not only sympathetic to your situation, but also willing to do whatever it takes to make sure that your case heard and that you are compensated for your injuries.
When you've lost a loved one because of someone else was acting negligent or carelessly, you may be entitled to monetary compensation for your loss. Our knowledgeable injury lawyers in San Antonio will guide you through the complicated process so you will understand who may submit a wrongful death claim, and exactly what sorts of damages could apply. These damages include, but are not limited to, funeral costs, medical costs, lost wages, or various other losses your family has sustained, and are often substantial.
Although no amount of money can adequately compensate a family for the loss of a loved one, the law recognizes the loss and strives to provide what it can. By figuring out responsibility for the wrongful death, the law offers a method to provide for the future of the deceased's spouse, kids and various other dependents. It is the job of qualified San Antonio personal injury lawyers to make sure that the compensation paid to the family is appropriate and as high as possible.
What Qualifies as a Wrongful Death Case?
As any personal injury attorney in San Antonio will tell you, wrongful death cases occur from someone else's carelessness or negligence that results in the death of another. These cases are civil in nature rather than criminal and that is why the victims’ families are required to hire a San Antonio personal injury attorney to pursue the wrongful death lawsuit. Oftentimes if the negligent party is being pursued criminally for the death then it is difficult to obtain adequate compensation from them due to the fact that they will be in prison and not have money to pay any claims.
Examples of a few wrongful death situations are as follows:
A pedestrian killed crossing a cross walk or at a red light
Construction related injuries
Retirement home abuse
Depending on which state you reside in, you may have up to three years to pursue a wrongful death case; however, you will certainly want to check with an injury lawyer in San Antonio to make sure you claim is still viable or to find out how long you will have to make a decision to pursue a lawsuit. It is always better to pursue your case as soon as possible though so that you are not barred by a statute of limitations.
Slip and Fall Accidents
“Slip and fall” is a term used for a personal injury case in which a person slips or trips on something and falls, and is hurt on someone else's property. As many injury lawyers in San Antonio will tell you, the owner of a piece of property may have an obligation to preserve reasonable conditions to permit access and if for any reason the conditions were such that there might be liability then a victim may have a claim on which to sue the owner. Whether the victim is young or old, there are many types of slip and fall injuries that may result in permanent injuries and other damages and it is the job of each accident lawyer in San Antonio at our law firm to help victims with understanding their rights and potential claims.
Our San Antonio personal injury lawyers are experienced in dealing with slip and fall liability cases such as:
Negligent care of a walkway or publicly possessed location, such as a pothole in the ground.
Hazardous conditions of a shop or personal home, such as torn carpets, modifications in floor covering, poor lighting or a wet floor.
Risky or narrow stairs.
Harmful weather such rain, ice or snow.
How much is my personal injury claim worth?
It is extremely challenging to set a dollar amount on the injuries you might have suffered in an accident. There are a lot of things to think about like doctor's bills, time lost from work, medical expenses for ongoing injuries, pain and suffering, and so on. Insurance providers take all these things into account when deciding the amount to offer, and ultimately pay for a personal injury claim. A San Antonio injury lawyer knows how to calculate potential damages associated with an injury but until the case has been worked on for a while and the victim has been adequately treated it is difficult to come up with a precise number for compensation.
How do I understand if I have a personal injury case?
First, you need to have suffered an injury. Second, you need to think about whether your injury was the result of someone else's carelessness or negligence. As any San Antonio personal injury lawyer will tell you, it is not always required to have a physical injury to bring a personal injury suit. Personal injury cases are often based upon a selection of non-physical losses and damages. In the case of an attack, for instance, you do not have to show that a person's action caused you real physical harm, but just that you anticipated some harm to come to you. You likewise may have a case if someone has actually attacked your reputation, occupied your personal privacy, or inflicted emotional distress upon you.
Do all personal injury cases go to trial?
No. In fact, a lot of personal injury cases are settled with the insurance company of the person who is considered to be “at-fault”. That being said, make sure you always hire an injury law firm that is willing to take cases to trial if that is necessary because otherwise you might accept a lot less than you deserve for you injuries simply because your attorney doesn’t want to litigate the case. Our law firm’s injury lawyers in San Antonio are trial lawyers and will take your case to trial if that is what is in your best interests.
Who can I take legal action against to recuperate my damages?
Sometimes, an accident victim might be able to take legal action against parties other than the at-fault motorist. For example, if the at-fault motorist did not own the car, the car's owner may likewise be responsible for your damages. If the at-fault motorist was hindered by consuming too much alcohol, you might have the ability to bring a “dram store” grievance against a business that served alcohol to the driver despite the fact that he was noticeably hindered. Sometimes, you may have the ability to bring an action against an additional party, such as an automobile manufacturer or construction company, if a flaw in the car or the street triggered the accident. If the accident involved a tractor-trailer, the motorist's infraction of policies and laws may be the basis for a lawsuit
What is my case worth?
The value of a case relies on a wide variety of elements and cannot be identified without examining information relating to the injury, medical bills, loss of earnings, and permanency of the injury. There is no guideline, and each set of evidence can lead to a different valuation of damages.
Will I need to go to court?
Not always. Lots of automobile accident cases are settled without even filing a lawsuit. Many lawsuits are settled without a real trial ever taking place. A settlement that stays clear of the costs and delays of a trial could result in a higher net recovery to the victim so attorneys prefer to get as far as possible without incurring lots of costs. Nevertheless, if the case cannot be settled on satisfying terms, it may to go to trial so you want to make sure that your personal injury attorney in San Antonio is willing and able to take your case that far.
How does the compensation paid from an injury lawsuit get utilized?
The at-fault party's insurance generally pays for your damages in many states. If you are in a no-fault state, your own insurance could end up paying for some of your damages. If the at-fault party is not insured, your own insurance policy could contain protection that will enable you to get compensated for your injuries.
How long will it take me to get my cash?
The length of time necessary to finalize your injury case and get you paid hinges on a number of aspects and you will need to discuss those things with a San Antonio personal injury attorney in order to know what to expect. For instance, if you got a serious injury, you do not want to settle your case until you have actually gotten enough medical treatment so that the long term effects of your injuries can be determined with reasonable certainty. Therefore, the amount of time you need to recover might determine the length of time necessary to get you compensated.
What can I do if I cannot pay for a personal injury lawyer in San Antonio to take my injury case?
Many injury lawyers will agree to pursue a personal injury claim for a contingency fee, which means that the lawyer’s fee is subtracted from whatever your compensation ends up being at the end of the case. If nothing is recovered, then the lawyer receives nothing, however the client is usually responsible for actual expenses, such as court filing fees or witness charges, whether she or he wins or loses.
Do I need to see a physician?
If you are injured in an accident, you should look for medical attention. Whether or not you have a claim, you should be examined by a physician, both for your own comfort and to report the injury in order to support your case. Often, an automobile accident injury will not appear instantly but may be discovered by a doctor. Whenever symptoms initially appear, visit your physician, a medical facility emergency room, or another medical professional to get medical assistance.
How soon must I file a lawsuit?
Each state sets a period of time during which a person needs to bring a personal injury lawsuit. Both the length of that period and when the period starts running in accident cases varies from state to state. You need to be definitely certain that you understand the time limitation period that applies to you, or you run the risk of threatening your legal rights.
Should I accept a check from the at-fault motorist or his/her insurance company?
Accepting a check may be construed as a settlement that restricts you from acquiring any added amounts from the at-fault motorist or his/her insurance company. Generally, an attorney will urge you to wait to accept a check till you have finished your medical treatment and have actually been released by a doctor.
What is the most crucial thing for me to do after my injury?
See your physician as soon as possible following your injury. Follow the doctor's orders. For you this may require some, or all, of the following steps:
1. Do not miss out on visits with your doctor. Stay in touch with your physician and be specific to maintain your consultations. If you need to cancel, notify the doctor with as much notice as possible. The words “no show” on a physician's record sheet can be used against you at the time of negotiation or trial.
2. Attend physical treatment sessions as recommended. Your medical professional or medical facility could prescribe therapy to promote recuperation from your injury. Such a treatment is typically helpful in lots of sorts of injuries including strains, strains, and various other so- called “soft tissue” injuries. If physical therapy is recommended, make sure to keep your sessions and participate actively in the process. Once again, if you have to cancel a visit, make sure to call, but attempt to stay clear of cancellation as much as possible.
3. Do what your physician tells you to do. If your doctor prescribes specific medicines, therapy workouts, or limitations on sports, make sure to follow your physician's orders. Failure to follow your physician's advice can be used against you when it comes time to settle your case, or can be utilized against you in court if your case proceeds to litigation.
4. Keep accurate record of time missed from work due to the accident.
How do I pay my medical costs?
Your San Antonio personal injury lawyers will go over the repayment of your medical expenses in detail with you. Generally though, your medical expenses could be paid by one of the following methods:
• Your own medical insurance from your work benefits package.
• Your very own medical insurance that you may have paid for personally.
• A health plan obtained by your spouse for your benefit or by your parents if you are under age and living with such parents.
• Personal injury protection or medical repayments insurance coverage from your very own automobile policy if you were driving your automobile and were associated with an automobile collision.
• Your own personal funds if you were not insured and have the ability to pay medical expenses as they are sustained.
• Workers' compensation insurance if your injury took place while you were working on the job and the injury took place as a result of your employment.
• Various other possible sources, such as an attorney's letter of defense.
Depending on the nature of your case, your medical expenses may be covered by any of the above possibilities. If there is no insurance coverage, your expenses may be covered by you and your lawyer, and will be paid at a later date when and if your case settles.
Will the doctors, hospitals, and various other medical facilities wait for repayment if I am unable to pay my expenses as they are incurred?
In many cases where there is no immediate method to pay medical costs as they are incurred, lots of doctors, medical facilities, and various other medical centers will wait to be paid for their services. It is important to let medical service providers know early in the process if you have no insurance or financial means to pay medical expenses as they are incurred. Have any medical service providers call your injury lawyer.
How does Shumway Van ensure that the doctors and medical facilities will get paid?
Almost any accident lawyer in San Antonio will have a policy of withholding money from the settlement or court decision to pay doctors and medical/therapy providers. It is important that the client makes the lawyer familiar with all medical companies that he or she has utilized to treat the injuries sustained during the accident.
Why will the insurance company for the person or company who caused my injuries not immediately pay my medical expenses as they occur?
The majority of insurance companies for the person, persons, or company who triggered your injuries will not immediately pay medical bills as they happen. One reason for this practice is that they do not want to invest a substantial quantity of money for medical costs and then be faced with an unreasonable or extreme need as negotiations occur. In other words, they do not wish to expend a significant amount of cash on medical bills and then be faced with the chance of defending a lawsuit. Second of all, most insurance business want to conclude or settle the claim with one sum of money. For that reason, most liability insurance business will await the letter of demand from your injury lawyer in San Antonio then try to conclude the case at one time with one repayment.
What is negligence?
To be eligible for a personal injury suit, the victim generally has to have been hurt from the negligence of someone else. Negligence occurs when there is a specific duty to act a certain way and the at-fault person falls short of meeting the requirements of that duty (generally the duty to look after the safety of others). Sometimes legal processes and requirements are confusing and even though they should make sense, they often don’t. If you think that someone might have been negligent in the way they were acting and such actions caused you or someone you know an injury then you will want to speak with an injury attorney in San Antonio to understand how liability associated with negligence works.
What is MMI?
When you've concluded your treatment of an injury with a doctor, we request a final narrative. At this time, the physician has determined that the patient has reached MMI, or maximum medical improvement. This means that the patient has reached a point where they are as healthy as they can be; they may not be in the condition that they were prior to the accident, but their health has stabilized. If that is the case, a doctor may assign the patient a permanent impairment rating according to American Medical Association guidelines. Although it is not necessary to have available during courtroom proceedings, car insurance companies may want access to the permanent impairment rating as part of their case evaluation.