I was in an accident with an 18-wheeler.I was searching for a good lawyer on the web and I came to Mr. Grossman's website. I read it and I thought 'This is who I need.'

-J. D. Dodd
Commercial Vehicle Accident

San Antonio Injury Attorney

San Antonio Injury Attorney Michael Grossman Discusses The Role of an Attorney in a Personal Injury Case

If you or someone you love has been injured in an accident, you may be considering hiring an attorney, but may not know who to turn to.

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In your consideration of hiring a San Antonio injury lawyer, you should know that personal injury cases are complex and highly technical, and very few people can successfully represent themselves in court in such cases. San Antonio injury attorney Michael Grossman from Grossman Law Offices is here to explain how these cases develop, and why you should seek the help of a legal professional to be sure that you receive the compensation you need.


What is a Personal Injury Lawsuit?

When a person is injured due to the negligent action or inaction of another person, the victim can likely file a personal injury lawsuit against the responsible party. In order to be considered a responsible party, it must be true that the victim would not have been injured if not for the action or inaction of the responsible party. This is called proximate cause. For example, if a pedestrian is hit by a drunk driver, the driver is considered a proximate cause to the victim’s injuries. In other words, he or she likely would not have been injured if not for the drunk driver’s actions.

However, there can be more than one proximate cause in an accident. In the above example about the drunk driver, the bar that served alcohol to the driver might also be considered a proximate cause. A dram shop cause of action can hold a bar or other establishment liable for an intoxicated individual’s actions if that establishment served the individual to the point of intoxication. In this situation, the injured pedestrian in the example could bring charges against both the drunk driver and the bar. Lawsuits involving multiple defendants in this manner are not at all uncommon.

A valid personal injury case requires three main components:

  • A solvent defendant: The defendant, whether an individual or an organization, must have some money or other assets with which to pay for the victim’s damages.
  • Damages: Some sort of financial loss must have been incurred in the accident, whether medical expenses, lost wages, pain and suffering, or any combination of these or other types of damages.
  • Defendant must have violated a legal duty: The defendant must have had some sort of duty of care to the victim that was violated in the accident.

Duty of care is a complex concept, but, in practice, it means that an individual can be held responsible for his or her reckless or negligent behavior. A driver behind the wheel of a car, for instance, has a duty of care to everyone else on the road. Drivers are responsible for driving safely, in such a way as to not endanger other people. Surgeons, on the other hand, have a more explicit duty of care to their patients.


How Grossman Law Offices Can Help You

Our firm can help you ensure that all three of the necessary components for a valid case are well-established and presented. When we take a case, we conduct a thorough asset check on the defendant. Some unscrupulous defendants and insurance companies will attempt to hide their assets through a maze of red tape in an attempt to appear insolvent, which would prevent you from seeking the compensation you need. But San Antonio injury lawyer Michael Grossman knows how to uncover buried assets, and we have faced off against every major insurance carrier in the nation. We will not let the parties responsible for your injuries escape liability through these tricks.

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We can also help establish the extent of your damages. Suffering damages in an accident is a requirement of a valid personal injury claim, but if you cannot prove those damages, you cannot expect to receive compensation for them. When our firm submits a demand, we include a comprehensive demand packet. This packet includes expert testimony, witness reports, and medical records, all of which establish the extent of your injuries, both personal and financial. We also will make reference to legal statutes, case law, and examples of other cases we have successfully resolved. This serves to validate our claims that you were injured and deserve compensation. Often, when the defense is reminded of our successful track record with these types of cases, they will be much more likely to cooperate with our demands.

Furthermore, we thoroughly investigate the details of your accident. Our investigations are far more in-depth than police or other official investigations, and we will do everything we can to identify all possible defendants in your case. We will build a unique and strong case against each defendant so that you can receive the largest settlement possible. Our attorneys are dedicated to bringing every liable party to justice.


But Can’t I Do All These Things Myself? Why Shouldn’t I Represent Myself in Court?

San Antonio injury attorney Michael Grossman has been practicing law for twenty years. In all that time, he has never once heard of a non-attorney successfully representing themselves in court. One of the single largest mistakes people make when considering representing themselves is assuming that knowledge of the law will allow you to win a case. While it is true that an attorney must know the laws in order to be successful, so much more hinges on an attorney’s technique. For example:

  • Do you know how to properly document all the elements of your case and respond to defense counsel petitions?
  • Do you know how to handle demand packets?
  • Do you know what goes into them?
  • Do you know how to prove damages and respond to admissions?

If not, chances are that you are not ready to represent yourself in court.

Our firm was recently contacted by a man who was considering whether or not to hire an injury lawyer. Essentially, the man had been in a car accident and suffered approximately $70,000 in damages. He had a fairly strong case in terms of how his injuries occurred, but he initially chose to represent himself. After a few months, he received an offer from an insurance adjuster for $3,000. He then contacted our firm and said he was considering hiring an attorney, but he still felt that he could represent himself successfully, as he did not want to pay attorney fees. Ultimately, he decided to continue representing himself. He felt that he could threaten to sue the insurance company, and that this would scare them into offering him what he really deserved.

The problem with this is that insurance companies are not even remotely afraid of non-attorneys. They have teams of insurance adjusters and defense attorneys whose sole job is to deny claims just like this man’s. In the end, the defense counsel for the insurance company submitted a list of admissions to the man. He had no idea how to respond to this list of admissions, so when he failed to do so, the defense counsel requested a motion for a summary judgment. Since the man had not responded properly to the list of admissions, the judge dismissed the case and the man received nothing.

This type of horror story happens in almost every single case where a non-attorney tries to represent themselves, but an experienced San Antonio injury lawyer can make sure that this does not happen to you. Our firm has twenty years of experience handling personal injury cases, and we have successfully litigated hundreds of high-profile lawsuits, including several that resulted in multi-million dollar settlements. Insurance companies and defense counsels are aware of our successful track record, and once they know we are on the case, they will be much more cooperative with our demands. In other words, our attorneys can help you resolve your case quickly and effectively. We want to help you get back on your feet as quickly as possible. Additionally, in the unlikely event that we cannot secure a settlement for you, you will not be required to pay us one cent.

If you or someone you love has been hurt in an accident due to another person’s negligence, contact San Antonio injury attorney Michael Grossman from Grossman Law Offices today, and make sure you receive the compensation you need and the justice you deserve.



Some of Our Most Recent Successful Cases

$100,000.00 Recovery - Third-Party Dram Shop Accident (Broken Arm)
Recovered for client injured in a liquor liability accident.
Total Recovery:
$100,000.00
Attorney Fees:
$40,000.00
Litigation Expenses:
$5,000.00
$145,000.00 Recovery - Commercial Vehicle Accident (Back and Neck Injury)
Recovery for driver struck from behind by 18-wheeler: Driver sustained back and neck injury.
Total Recovery:
$145,000.00
Attorney Fees:
$48,333.00
Litigation Expenses:
$2,696.00
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a automobile accident.
Total Recovery:
$25,000.00
Attorney Fees:
$8,250.00
Litigation Expenses:
$100.00
$350,000.00 Recovery - Premises Liability (Brain Injury)
Our attorneys sued an apartment complex in relation to a brain injury sustained by a toddler when he fell through a balcony railing. The apartment complex denied liability, asserted that their railings were in spec at the time of the building's construction (some 20 years prior), and they claimed that the child's mother was contributorily negligent in that she did not notice that her child was playing near the railing.

Through litigation, our attorneys countered the defendant's arguments by showing that the case law does not support the notion of any safety related concerns in the building code being "grandfathered" in. On the contrary, a property owner has an obligation to keep safety features such as balcony railings within the specs at all times. The railings in this complex were spaced at 7 inch intervals, which was at odds with the now-standard 4 inch interval.

Additionally, our attorneys countered the claims of contributory negligence as a practical matter in that the mother was indeed monitoring the child's activity and the child literally ran up to the railing and immediately fell through the rails. Alternatively, we argued that the doctrine of parental immunity applied and that the contributory negligence, if any such negligence ever even occurred, of the mother would not be admissible. The case was satisfactorily resolved through litigation.
Total Recovery:
$350,000.00
Attorney Fees:
$115,500.00
Litigation Expenses:
$5,000.00
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a car accident.
Total Recovery:
$25,000.00
Attorney Fees:
$8,250.00
Litigation Expenses:
$100.00
$30,000.00 Recovery - Commercial Vehicle Accident (Muscle Aches, Pains & Dizziness)
Recovery for the driver of car that was side-swiped by an 18-wheeler. Plaintiff suffered muscle aches, pains & dizziness.
Total Recovery:
$30,000.00
Attorney Fees:
$10,000.00
Litigation Expenses:
$500.00
$475,000.00 Recovery - Commercial Vehicle Accident / Motorcycle Accident (Shoulder Injury Requiring Surgery)
An airline pilot suffered a shoulder injury resulting in surgery when he was sideswiped by an 18-wheeler. The case was resolved through litigation, as establishing liability was a contentious matter. The defendants claimed that the plaintiff made an illegal passing maneuver, but the evidence showed that the defendant made a sweeping turn and intruded upon our client's right of way.
Total Recovery:
$475,000.00
Attorney Fees:
$158,333.00
Litigation Expenses:
$5,000.00
$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.
Total Recovery:
$300,000.00
Attorney Fees:
$120,000.00
Litigation Expenses:
$1,500.00
$50,000.00 Recovery - Premises Liability Accident (Soft-Tissue Injuries)
Recovery for the victim of a slip and fall premises liability accident.
Total Recovery:
$50,000.00
Attorney Fees:
$20,000.00
Litigation Expenses:
$485.00
$337,500.00 Recovery - Third-Party Dram Shop Accident (Punctured Colon and Soft Tissue Injuries)
Our client suffered a punctured colon and numerous soft tissue injuries in an alcohol-related car accident. The accident occurred as the defendant driver crashed his car into a concrete median. The plaintiff, a passenger in the vehicle, alleged that the defendant driver was over served alcohol to such an extent that he was several times the legal limit. As such, a claim was brought against the defendant driver and the bar which over served him. A settlement was reached with the defendant driver and the plaintiff turned his focus on the bar in question. The case was resolved successfully through litigation. Based on the egregious conduct of the bar and it's numerous TABC violations, the defendant's liquor license was revoked soon after the case was resolved.
Total Recovery:
$337,500.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$3,750.00