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After my son was killed in an automobile accident, I contacted Michael Grossman's law office. Mike came down and met with me and assured me he could represent my son and be his voice for justice. These great attorneys took care of all the legal representation and did a phenomenal job.
-
C. Mossier
Mother of a Wrongful Death Victim
Personal Injury Lawyers in San Antonio
Call Attorney Michael Grossman And His Personal Injury Lawyers In San Antonio When You Need To Talk About A Personal Injury Claim
If you have experienced a personal injury caused by the negligence of someone else how can you know whom to call in order to pursue compensation? Who is really aware of their legal rights in case of injury? Do you know what is a personal injury claim that is valid, or what is a liability, or what are damages and if the liable person is solvent?
Many lawyers in San Antonio, Texas can claim to know the law for the calculation of damages and how to litigate personal injury claims, but few have the successful track record of Michael Grossman and his personal injury lawyers in San Antonio> at Grossman Law Offices. With two decades of experience in personal injury cases, we are able to acquire a large compensation for our clients over the years, helping them get back on their feet after an accident. After reading the information below, be sure to contact us at 1-855-393-0000 (toll free) for a free consultation where we will listen to the details of your accident report and advise on ways of recourse.
What Is A Personal Injury Claim?
In the State of Texas this is an injury or damage caused by the negligence of another party, and emotional trauma that accompanies this injury. When a person suffers an injury, they, as plaintiff, are then allowed to pursue compensation from the party at fault, also known as the defendant. This special section of personal injury law carries some differences than other civil law, but it is important that you should be aware of this so you know not all law firms and all personal injury lawyers in San Antonio are created equal or have equal experience or skill sets.
Under the Texas Civil Practices and Remedies Code, the defendants do not have to compensate the plaintiff if they are not legally required to do so. Another way of saying this is that the plaintiff is responsible for proving the personal injury claim and not just waiting for the defendant to accept an obligation to make restitution to their negligence without being compelled to by a court. Laws say that the plaintiff is entitled to claim compensation only when it is proven. The laws do not say that the negligent party has to provide automatic compensation. Therefore, the plaintiff will bring a personal injury claim against a negligent defendant so the defendant will be ordered to pay the corresponding compensation for the damages. In this case, the plaintiff or counsel for the plaintiff must prove that the defendant was guilty of an accident resulting in injury. Only when the accused has been proved responsible will a court order that compensation is paid to the plaintiff.
Personal Injury Claims Involve Breach Of A Legal Obligation
A legal duty is a reasonable duty owed by all people to other people. This is to say, you owe certain legal duties to your neighbors or co-workers; they owe you the same legal duties in return. The simplest example of this concept is the legal requirement for public safety to other drivers on the road. By not driving recklessly you fulfill your legal duty in to other drivers and vice versa. An injury claim may be brought against a negligent party when the legal requirement is not met. If another driver on the road is downloading songs on iTunes and then crashes into you, causing an injury, you can sue that person in a suit for injuries because he has violated a legal duty to public safety. Personal injury claims should be able to demonstrate that both the legal obligation between the two parties and that this legal obligation was breached after one of these parties.
However, not all the same legal rights are the same in violation according to the circumstances of the incident. Also, the definition of the legal obligation has been breached is also very dependent on the specific issues in this case. For example, your dentist violates its legal duty if he hits you in the mouth and knocks out a tooth when you’re arguing. However, he has not breached his legal obligation if he removed your tooth while you are voluntarily undergoing dental surgery. As you can tell, the physical damage is, technically speaking, the same, but the context in which this injury occurs is radically different. Although this is a silly hypothetical example, it is useful to show how there can be several possibilities in cases of injury when it comes to the issue of legal obligations.
In addition to figure out if a legal obligation had been violated and who is ultimately responsible for this violation could also prove difficult for some less experienced lawyers in San Antonio, Texas. For example, if David and Maddie work for the same company, and Maddie knocks loose debris from a great height that falls on David and breaks a leg, the The Blue Moon Agency where they work may be liable for damages because they breached a legal duty to David for safety at the workplace. But if David is a contractor, the question of legal obligation here has another answer. Because contractors are responsible for their own safety in the workplace, the employer if the accident can not be held responsible for the accident itself. In other words, they have not violated their legal obligation, because no legal duty was owed in this case.
As you can tell the two examples mentioned in the context of the accident is a very important role in determining both the statutory duties owed and, if the duty was breached. If you hire the personal injury lawyers in San Antonio at Grossman Law Offices, you can be sure that we'll determine the legal obligations owed, and if the violation of these obligations mean that you can bring a personal injury claim, and against whom.
Proof Of Liability, Damages, And The Solvency of the Defendant
Since the first part of the foundation of success for bodily injury liability claims, the next question is who is to blame for the damage. The defendants, who were liable will be responsible for payment of damages that the plaintiff has accumulated if it can be proven. Then the plaintiff will be given damages as compensation for their injuries or losses.
Liability For Personal Injury Cases
In injury cases, negligence is often the leading cause of injury. Neglect means simply an oversight. If a driver runs a four way stop and the driver causes an accident resulting in injury to another person, the driver is said to have culpable negligence. Gross negligence is another way for personal injuries occur. Gross negligence occurs when a person could have avoided an accident resulting in injury to occur, but it has done almost nothing to prevent an event occurring. A common example of gross negligence is when a drunk driver decides to drive. Because he or she understands the risks involved in driving while intoxicated, which are often responsible for injury and that can even cause death, it is gross negligence. Finally, the defendants liable for willful or intentional wrongful acts are often guilty of assault. In other words, the injury is because someone else has every intention of causing damage. In all these cases has a legal duty has been breached and that the person responsible for this violation must be proven to be responsible for this violation to be a successful personal injury case.
Elements of a Valid Personal Injury Claim
There are four essential elements that the plaintiff must have for the claim to be regarded as valid. We discussed them in passing above, but here we will show you the details so you may see how technical and involved it is to prove these points to a jury and why you need experienced personal injury lawyers in San Antonio like the ones at Grossman Law Offices. If you are personally left with serious injuries or other losses, and if these four elements are present, you may be entitled to compensation for your injuries or other losses. The four elements necessary for a personal injury lawsuit in Texas with success include: duty, the violation of said duty, causation, and damages.
The plaintiff, or victim, must show that the defendant, the person who caused accident had a duty of care. This means that the defendant had a duty to act with caution not to harm others. The duty of care element is usually quite simple to prove. In many cases, the law mandates a duty of care. The standard of the reasonable person is that everyone has a duty to behave as a reasonable person in the same or similar circumstances. This is what we meant above when we discussed your legal obligation
After that you have to prove by a preponderance of the evidence that there was a violation or breach. The plaintiff must show not only that a duty of care was present but that the defendant breached that duty of care. In the case of an accident, the plaintiff can prove that the defendant breached its duty of care, demonstrating that he or she acted in an unreasonable condition. If the plaintiff can prove that the defendant has acted unreasonably, even for a moment, the plaintiff can show generally that the defendant breached the duty of care.
But it’s not enough. You have to link the breach to the resulting injury. That is to say you must prove causation. This just shows that the defendant breached the duty of care is and is therefore liable for your injuries. You must prove that the defendant actually caused the injury. Often, the defendant will blame the plaintiff or some other scapegoat to escape responsibility, saying something else caused the injuries. Causation is an essential element of a personal injury case and can be a complex issue to prove. The evidence must be presented to show the accident and the injuries were the direct result of the negligent conduct of defendant.
And then finally the plaintiff must show that he or she suffered actual damages for the defendant to be held liable. In addition, to recover, you must show the court the extent to which they should compensate you or, in other words, the amount the defendant owes. Each of the expenses associated with the injury must be specifically detailed to support the request.
Special and General Damages
Calculation of damages can be a difficult process for beginners, and is rarely simple for even less experienced personal injury lawyers in San Antonio. Several factors must be considered and this must be done precisely because the plaintiff only has a single chance to try to recover from the defendant and it must be the exact amount the defendant owes. A detailed inventory of all monetary and other costs should be taken in calculating damages. The damages include more than the amount it would cost to repair your car or medical bills. Examples of what can be considered as damage may also include, but are not limited to, losses incurred as a result of not being able to work, loss of earning capacity and travel expenses resulting from the injury.
By having the law firm of San Antonio personal injury law offices Grossman on your side, you can ensure that comb over every detail of your case so that all damage is well calculated and recorded. The plaintiff must be able to calculate correctly and fully justify the damage to their client may be a result of their accident or injury. Damages does not mean your injury, such as a broken hand, or damage to property. Rather, the economic damage is a term that refers to an amount equivalent to the cost of injury, ie medical bills for a broken hand. There are two types of damages in personal injury cases: Special and general damages.
What Are Special Damages?
Special damages are also known as the economic damage because they have a specific amount and certificate attached to them. Special damages include money related to court costs, medical expenses, lost wages due to a work permit, the costs associated with property damage and loss of future earnings. Special damages may be particularly useful for many cases of personal injury compensation can often be immediately put to work for our customers to pay medical expenses or legal expenses incurred in the past.
Also note that although most special damages are easy to calculate, because there is no current bill to refer to the calculation of lost future earnings could be difficult for some lawyers in San Antonio, Texas. But not the personal injury lawyers in San Antonio at Grossman Law Offices. But because of our 20 years of experience in personal injury cases we know how to effectively calculate the loss of future earnings, and we can help to show how, if you're in the uncomfortable position of having lost the ability to work because of your injury, you want to receive offers, or travel during your years of other work, and therefore work to enhance your special damages in proportion to the loss of future earnings.
What Are General Damages?
General damages are more subjective in their calculations. Because they are related to matters that may be ambiguous to define financial terms, they are also more open to interpretation by experienced lawyers. Depending on your legal representative, or the one representing the defendants in your case, it may be a good thing or a bad thing. For example, compensation for general damages for pain and suffering, disfigurement, impairment, emotional trauma, or loss of consortium are wildly different in different perspectives. Learning to justify general damages is an art learned over years by our lawyers, and because of our many years of experience we are well qualified to calculate and enhance your general damages. Having a competent lawyer on your side is crucial to obtain fair compensation for general damages that you incur.
As a general example of how the damage can vary from case to case involves a boy and his father of 30 years, playing on the balcony of a hotel. Both fall accidentally from the balcony into the street. Both suffer from a broken leg. In these cases, special damages would be similar, but the general damage could be very different. The father knows the dangers of playing on a balcony. The child most likely would not. The father probably knows that he would not have died as a result of his broken leg. The child might think he would die when his leg broke and was far more terrified. Essentially, in this case, the pain and suffering of children was much higher than that of his father, and it would cause larger damage in this case for the son rather than his father. Many injuries also have special situations like this, where similar circumstances can lead to very different results.
Is The Defendant Solvent In A Personal Injury Case
When a personal injury defendant is insolvent, or can not pay compensation, your case would not be successful. In other words, to seek compensation from a homeless person who caused the harm is a pointless exercise, because they do not have the funds to compensate you. However, it is important to know that this is an important issue for our personal injury cases because unethical defense lawyers will sometimes use this fact in a vain attempt to conceal or disguise their resources. In other words, these types of defense lawyers in San Antonio, Texas will argue that their client is insolvent or unable to pay due compensation, in a try to get the case closed on the basis of insolvency. Because the personal injury lawyers in San Antonio at Grossman Law Offices have worked with these cases for 20 years, we have are familiar with this tactic. When we take personal injury case, we know how to check the resources of the respondent to ensure that they are solvent, and in fact, hiding their assets. While this is a shady tactic, as we have seen before and well prepared for defense lawyers who want to try to put one over on us.
Get Help
Self-representation is rarely a good idea. This applies especially to cases of bodily harm. Given the many variables involved in the accident itself, the knowledge gained through experience is required to follow correct procedures. Not to mention there is the possibility of proving liability, and properly calculating damages, and proving the solvency of the defendant, there are simply too many ways that a person who chooses self-representation can do to derail their claim. And beware inexperienced lawyers in San Antonio, Texas; they can be as wrong as laymen. Save yourself the hassle and prevent you chances of losing the possibility of compensation by contacting the personal injury lawyers in San Antonio at Grossman Law Offices at 1-855-393-0000.
Do not make the mistake of waiting too long to contact our firm of experienced lawyers. In trying to get compensation for yourself, you have a realistic chance of being exploited by profit-oriented insurers or defense lawyers who sound smooth but are aggressive and cruel. If you have already agreed to a settlement that you think is unfair very often little we can do to help in this situation. Make sure this happens to you is to contact us today.
In addition, insurance companies and defense lawyers are not afraid of non-lawyers or lawyers that they have never faced a court. However the personal injury lawyers in San Antonio’s Grossman Law Offices have the knowledge and experience, we are ready and willing to deal with these insurance adjusters and defense lawyers. In fact, since we brought successful claims against all major insurance companies, our reputation for success is well known and often precedes us. With the personal injury lawyers in San Antonio at Grossman Law Offices on your side, now you are the defendant, which were severe.
Personal Injury Lawyers In San Antonio At Grossman Law Offices Will Help Your Claim
If you were injured in San Antonio or anywhere in Hill Country, contact the personal injury lawyers in San Antonio at Grossman Law Offices 1-855-393-0000 (toll free) for a free consultation. Unlike some lawyers in San Antonio, Texas, we’ll hear the details of your case, and keep an eye on what's in your best interest. We will work hard to see that you receive full compensation for their injuries from all responsible parties. Our knowledge, experience, reputation can get to work for you when you call.
Some of Our Most Recent Successful Cases
$100,000.00 Recovery - Third-Party Dram Shop Accident (Broken Leg)
(policy limits) Recovery for pedestrian who suffered a broken leg when he was hit by a drunken driver.
(policy limits) Recovery for pedestrian who suffered a broken leg when he was hit by a drunken driver.
Total Recovery:
$100,000.00
$100,000.00
Attorney Fees:
$33,000.00
$33,000.00
Litigation Expenses:
$1,000.00
$1,000.00
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a automobile accident.
Recovery for the victim of a automobile accident.
Total Recovery:
$25,000.00
$25,000.00
Attorney Fees:
$8,250.00
$8,250.00
Litigation Expenses:
$100.00
$100.00
$200,000.00 Recovery - Automobile Accident (Closed Head Injury)
Recovered for car accident victim who suffered a closed head injury.
Recovered for car accident victim who suffered a closed head injury.
Total Recovery:
$200,000.00
$200,000.00
Attorney Fees:
$66,666.00
$66,666.00
Litigation Expenses:
$1,500.00
$1,500.00
$300,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
A delivery driver hired our firm to pursue a negligent trucking company following a collision with insecure cargo. Our client was driving his work vehicle when numerous large metal pipes fell from the back of a flatbed trailer onto the roadway. Our client took evasive action but was unable to avoid the debris, which resulted in a fairly severe accident. As a result, our client sustained lower back injuries including two herniated discs which required surgery to correct. The defendants conceded liability early on but would not make a reasonable settlement offer. As such, suit was filed and the case was ultimately successfully resolved through litigation.
A delivery driver hired our firm to pursue a negligent trucking company following a collision with insecure cargo. Our client was driving his work vehicle when numerous large metal pipes fell from the back of a flatbed trailer onto the roadway. Our client took evasive action but was unable to avoid the debris, which resulted in a fairly severe accident. As a result, our client sustained lower back injuries including two herniated discs which required surgery to correct. The defendants conceded liability early on but would not make a reasonable settlement offer. As such, suit was filed and the case was ultimately successfully resolved through litigation.
Total Recovery:
$300,000.00
$300,000.00
Attorney Fees:
$120,000.00
$120,000.00
Litigation Expenses:
$1,500.00
$1,500.00
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
$700,000.00
Attorney Fees:
$175,000.00
$175,000.00
Litigation Expenses:
$1,084.00
$1,084.00
$875,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Plaintiff suffered a back injury resulting in spinal fusion surgery when her car was rear-ended by an 18-wheeler. The defendants argued that the accident was unavoidable, thus denying liability. Litigation commenced and the case was satisfactorily resolved soon thereafter.
Plaintiff suffered a back injury resulting in spinal fusion surgery when her car was rear-ended by an 18-wheeler. The defendants argued that the accident was unavoidable, thus denying liability. Litigation commenced and the case was satisfactorily resolved soon thereafter.
Total Recovery:
$875,000.00
$875,000.00
Attorney Fees:
$288,750.00
$288,750.00
Litigation Expenses:
$2,500.00
$2,500.00
$1,500,000.00 Recovery - Bad Faith Insurance Claim
Plaintiff alleged that an insurance carrier unfairly denied a claim, resulting from a non-fatal fire in an airplane. Our attorneys satisfactorily resolved the claim without the need for litigation.
Plaintiff alleged that an insurance carrier unfairly denied a claim, resulting from a non-fatal fire in an airplane. Our attorneys satisfactorily resolved the claim without the need for litigation.
Total Recovery:
$1,500,000.00
$1,500,000.00
Attorney Fees:
$5,000.00
$5,000.00
Litigation Expenses:
$0.00
$0.00
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a car accident.
Recovery for the victim of a car accident.
Total Recovery:
$25,000.00
$25,000.00
Attorney Fees:
$8,250.00
$8,250.00
Litigation Expenses:
$100.00
$100.00
$187,500.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Our firm was hired by a young woman who was rear-ended by an 18-wheeler when she slowed for traffic in a construction zone. Initially, she attempted to represent herself and the insurance carrier offered roughly $1,000 to settle her case. She then contacted our firm and we filed suit soon after our initial investigation. The case was successfully resolved in litigation.
Our firm was hired by a young woman who was rear-ended by an 18-wheeler when she slowed for traffic in a construction zone. Initially, she attempted to represent herself and the insurance carrier offered roughly $1,000 to settle her case. She then contacted our firm and we filed suit soon after our initial investigation. The case was successfully resolved in litigation.
Total Recovery:
$187,500.00
$187,500.00
Attorney Fees:
$61,875.00
$61,875.00
Litigation Expenses:
$2,500.00
$2,500.00
$550,000.00 Recovery - Workplace Accident (Closed-Head Injury)
A painter fell from an apartment balcony resulting in a closed-head injury and other minor bodily injuries. The case was successfully resolved through litigation against the plaintiff's employer and the general contractor.
A painter fell from an apartment balcony resulting in a closed-head injury and other minor bodily injuries. The case was successfully resolved through litigation against the plaintiff's employer and the general contractor.
Total Recovery:
$550,000.00
$550,000.00
Attorney Fees:
$220,000.00
$220,000.00
Litigation Expenses:
$20,465.00
$20,465.00



