10 Things You Should Know About Your Car Wreck Settlement


A car wreck settlement can provide much needed funds to pay your mortgage, household bills and medical expenses after an auto accident. Some accidents are minor and rarely result in serious injury—the proverbial “fender benders.” But if you are involved in a serious accident through no fault of your own and are gravely injured, the financial consequences can be severe. You may be unable to work for several months and your health insurance may not cover all your medical costs. A car wreck settlement can be a lifesaver in this scenario. Before diving into the process, there are a few things to know about your car wreck settlement.

10 Things You Should Know About Your Car Wreck Settlement

1. No two settlements are alike. The insurance company does not offer a flat settlement amount; settlements vary from accident to accident and are based on the severity of a victim’s injuries. Therefore, if you received minor injuries, your insurance settlement will be less than someone who sustained major injuries.

2. The insurance company doesn’t want to offer a lot. Even if the insurance company knows that you’re faultless, they will attempt to offer the lowest amount of restitution for your injuries and emotional suffering. In this case, it helps to have a personal injury lawyer represent your claim. They know the law and can utilize effective negotiation tactics to maximize your settlement.

3. You can negotiate your settlement. You don’t have to accept the first offer received from an insurance company. Since the insurance company wants to keep restitution as low as possible, anticipate an initial lowball offer. If you’re not satisfied with the settlement offer, ask your lawyer to renegotiate with the insurance company.

4. Go to the doctor–even if you feel okay. Some people accept an insurance settlement before they know the extent of their injuries. This is dangerous because physical ailments directly related to the car wreck might not develop until months later. However, a doctor can detect hidden neck, back or knee injuries before you start feeling the effects. Get your injuries documented and use this information to negotiate a higher settlement.

5. Check the accident report. You can ask either the insurance company or the police station for a copy of the accident report. Carefully review the report and check for mistakes. The report may reveal inaccurate details that can affect your settlement. In this case, you can file a new accident report. However, the insurance company will verify your account before proceeding with your settlement.

6. Pay your lawyer from your settlement funds. A large percentage of personal injury lawyers work on a contingency basis. In other words, they get paid when you get paid. If you have this agreement with your lawyer, fees will be paid from your settlement money.

7. You may owe taxes on your settlement. Don’t assume that money from a car wreck settlement is tax-free. Compensation received for medical expenses and the pain and suffering that result from a physical injury is tax-free. But you will owe taxes on compensation for lost wages and emotional distress.

8. It can take months to settle your claim. Insurance companies deal with many claims, and unfortunately, it’s a slow process. Smaller claims are paid relatively quickly, but if you’re dealing with a major injury, it can take months or longer to receive your settlement.

9. The insurance company may pay the settlement in periodic payments. In cases of large settlements, the insurance company may pay a certain amount every few years until the settlement is paid in full.

10. The settlement is final. You can negotiate and renegotiate a proposed settlement, but once you agree to a settlement amount, you can’t renege and ask for more money. The insurance company will ask you to sign a release form, which essentially states that you agree to the stated amount. If you’re not happy with your insurance settlement, do not sign the release form.

Whether you experienced a broken bone or live with chronic pain due to an auto accident, a car accident settlement can provide financial support. Don’t negotiate with the insurance company on your own; call the Law Offices of Pat Maloney at (210) 226-8888 and let us work for you. You can also visit our website at www.patmaloney.com and complete an online form to receive a free consultation. With our firm on your side as your San Antonio personal injury lawyer, you can receive the highest compensation for your auto accident injuries.

Need a Floresville Lawyer?

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When you’re hurt in a car wreck, at the workplace, or in a truck accident, you suffer endless consequences. From expensive medical bills and car repairs to lost income and a decreased quality of life, the emotional, physical, and financial stresses you face are daunting. However, you shouldn’t have to pay for someone else’s mistake or negligence. If your injuries were suffered at the hand of another party, you should contact a Floresville lawyer and consider filing an injury claim against them as soon as possible.

An injury claim could help you recoup the costs you’ve incurred on medical bills, treatment expenses, and car repairs, as well as compensate you for any income or wages you’ve lost along the away. Additionally, a claim could award you funds for the pain, suffering, and mental anguish you’ve had to endure since your injury. You could even be due punitive damages if the judge deems the defendant’s wrongdoing as particularly reckless or negligent.

Unfortunately though, injury claims are often highly complicated. In order to truly see success with your claim, it’s important to enlist the help of a Floresville lawyer as soon as possible.

A lawyer will be able to help you with:

  • Filing your claim
  • Gathering evidence
  • Coordinating with insurance companies
  • Helping you prepare a statement for insurance representatives
  • Lining up expert witnesses and testimony
  • Negotiating settlements
  • Mediating disputes Representing you in court

Plus, an experienced lawyer will be able to accurately estimate the amount of compensation your claim should award you, so you don’t end up settling for less than you deserve.

If you were injured in an accident or at the workplace, you should file a claim to recoup your costs and seek compensation for your pain and suffering. Contact Floresville lawyer Pat Maloney at 210-226-8888 to get started today.

Personal Injuries Lawyer: Property Owner Responsibility

According to personal injuries lawyer Pat Maloney, property owners can be held liable in a number of situations, as long as a few basic requirements are met, because property owners have an inherent responsibility to protect anyone who enters their premises. This is called premises liability, and, in the event someone is hurt or an accident occurs on the property, the owner can be held legally responsible. Premises liability laws vary by state but, for the most part, generally require property owners to keep their land and buildings safe, well-maintained and free of hazards.
The requirements that must be met in order for property owners to be liable include:

  • The property owner must be aware of (or be reasonably expected to be aware of) the dangerous condition or hazard on their property.
  • They must have failed to rectify the dangerous condition or failed to adequately warn visitors of the present hazard.
  • The failure to warn or make the property safe led to or contributed to the victim’s accident or injury.
  • The person injured was a visitor or invited party. They were not illegally trespassing at the time of the injury.

If these basic requirements are met, a property owner can be held legally responsible for an injury or accident that occurs on their premises. Common situations in which property owners may face legal issues include:

  • Visitors slip and fall because of wet surfaces, poorly maintained floors, uneven sidewalks, and other factors.
  • The property is poorly maintained. Stairs are broken, guardrails are loose, or cracks in the floor lead to on-site injuries.
  • Parts of the property are defective, including electrical elements and more.
  • Security is inadequate, and visitors are hurt as a result.


Were you hurt on another person’s property? You could be due compensation through a premises liability claim. Call a personal injuries lawyer at the Law Offices of Pat Maloney to get started today!

Processes of San Antonio Law Firms

Hiring a lawyer can be confusing – especially if it’s your first time. Unfortunately, many San Antonio law firms out there don’t make it any easier. They simply take your case and run with it, failing to explain how it will be handled and what you can expect along the way. It can be frustrating and disheartening to say the least.


To help you get a better picture of how your case will proceed, we’ve pulled together a comprehensive list of the steps and processes you can expect your case to go through – from start to finish. Check it out below.
Processes Your Case Will Go Through

Once you’ve hired an attorney from one of the many San Antonio law firms out there, you can expect your case to go through these processes:


  • The initial meeting. You’ll meet with your attorney, go over the details of your case, and discuss expectations.
  • Filing. Your claim will be filed with the courts and the other party will be notified. If you’re going to trial, a court date will be set.
  • Evidence gathering. Your attorney will begin gathering physical evidence, lining up eyewitnesses and finding experts to testify during trial.
  • Negotiation/mediation. If the other party wants to keep the case out of court, they may try to negotiate an out-of-court settlement. Your attorney will field these and ensure they’re an adequate amount and advise you on accepting or rejecting them.
  • Trial. Your case will go to court before a judge or jury. Your attorney will present evidence and argue your case until a verdict is given.


Depending on the exact details of your case, these processes may take anywhere from just a few days to months or even years. Your attorney is best equipped to estimate the time your case will take. Want to learn more about the processes your case will go through? Contact the Law Offices of Pat Maloney today.