San Antonio Injury Law Firm

The San Antonio Injury Law Firm Of Grossman Law Offices Discusses Why You Need An Attorney In Your Injury Claim

If you have suffered an injury due to the negligence of someone else, you know whom to call for recovery and compensation? Do you know your rights in a personal injury case? Do you know what constitutes a case of personal injury, or liability, damages, or solvency that has to be shown?

Many lawyers in San Antonio, Texas, could claim to know personal injury law and how to make a claim for personal injury, but few have the track record of success in the law as the San Antonio injury law firm of Grossman Law Offices. With 20 years experience in personal injury cases, we were able to obtain full compensation for hundreds of clients over the years, helping them to stand up after injury and winning tens of thousands – millions sometimes – in compensation. While providing the following information for you to understand your rights and what constitutes a personal injury claim success, it should not take the place of a full legal aid.

What Is A Personal Injury Claim?

In the State of Texas it is an injury or damage caused by the negligence of another party, and the emotional trauma that accompanies this injury. When a person suffers an injury, they, as plaintiff, then allowed to try to make pay the party at fault, also known as the defendant. This special section of personal injury law provides a very subtle difference from much of civil, but it is important that you should be aware.

According to 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 does not just wait for the defendant with an obligation to make restitution to their negligence. Laws say that the plaintiff is entitled to claim compensation only through a legal process. The laws do not say that the negligent party has automatic obligation to provide this compensation. Therefore, the plaintiff will have to prove a case of personal injury against a negligent defendant so the defendant can be ordered by a jury and judge 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 for causing the injury can a jury and judge order that compensation be paid to the plaintiff.

Personal Injury Claims Involve A Breach Of Statutory Duty

A legal obligation to act in a reasonable manner to not harm others exists for all Texans to all Texans. In other words, people have certain legal obligations to their neighbors or coworkers, and they get the same legal obligation 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 people fulfill their legal duty in front of other drivers. However, an injury claim may be brought against a negligent party when this legal requirement is not met. If another driver on the road is busy text messaging and then crashes into you, causing an injury, you can sue that person for injuries as 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 by one of these parties.

However, not all the same legal rights are the same according to the circumstances of the accident. Also, the standard of the legal obligation is also very dependent on the specific issues in this case. For example, your doctor violates its legal duty if he cuts you at random, while the two of you are walking down the street. However, he has not breached his legal obligation if he cuts you while you are voluntarily undergoing surgery in a hospital. As you can tell, physical damage is the same, but the context in which this injury occurs is radically different. Although this is a potentially silly 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.

Figuring 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 Lucy and Ricky work for the same company, and Lucy is injured when debris falls from a great height and breaks a leg, the employer may be liable for damages because they breached a legal duty to Lucy for safety at the workplace. But if Ricky is a contractor, the question of legal obligation has another answer. Because contractors are responsible for their own safety in the workplace, the employer in the accident can not be held responsible for the accident itself in Ricky’s case. In other words, they have not violated their legal obligation, because no legal duty was owed in this case. Ricky will have to handle his own damages.

After reading the following information call the San Antonio injury law firm of Grossman Law Offices at 1-855-393-0000 for a free consultation. We will listen to the details of your accident claim and help you towards possible remedies.

Reading both of the examples mentioned, the context of an accident can play a very key role in determining both the legal duties owed as well as if that duty was violated. By mobilizing the support of experienced lawyers at the San Antonio injury law firm of Grossman Law Offices, you can be assured that we will work to investigate the legal obligations and if these rights have been violated, so that your personal injury case can be properly filed against the right parties so it can succeed.

Proof Of Liability, Damages, And Solvency

As part of the foundation of a personal injury claim to succeed, you have the responsibility to first answer the question of who is to blame for the injury. Defendants who are found responsible will be required to pay all damages that the plaintiff has incurred, and this amount is assigned to the plaintiff as compensation for their damages that they can prove.

Liability For Personal Injury Cases

In many personal injury cases, negligence is often the leading cause of injury. Neglect means simply an oversight. If a driver runs a red light because they were trying to beat the light change, the driver causes an accident resulting in injury to another person, the driver is said to have committed culpable negligence. Gross negligence is another way for personal injuries to occur. This more extreme negligence occurs when a defendant could have avoided an accident resulting in injury to occur, but it has done almost nothing to prevent such an event occurring. A common example of gross negligence is when a drunk decides to drive a car. Because he or she understands the risks involved in driving while intoxicated, they are often responsible for the injury since gross negligence can cause death while behind the wheel. Finally, the defendants liable for willful or intentional wrongful acts are often guilty of assault. In other words, the injury occurred because another person fully intended to cause harm. In all of these instances, a legal duty has been violated and the party responsible for that violation must be proven to be liable for that violation in order to have a successful personal injury case.

Types Of Compensation in Personal Injury Cases

As the second part of a successful personal injury claims, the plaintiff's legal representative has to calculate correctly and fully justify any damages that their client may have suffered because of their accident or injury. “Damages” here does not refer to actual damages, such as a broken hand, or to property damage. Rather, “damages” is an economic concept that refers to an amount of money equal to the cost of an injury, such as the medical bills for that broken hand. There are two types of damages for personal injuries: special damages and general damages.

What Are Special Damages?

Special damages are also known as the economic damage because they have a specific amount and cost attached to them. Special damages include money related to court costs, medical expenses, lost wages due to missing, 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 guideline to refer to for the calculation of things like lost future earnings, and it could be difficult for some less experienced lawyers in San Antonio, Texas. However, because of our two decades experience in personal injury cases and knowing how to effectively calculate the loss of future earnings, we can help show how, if you’re in the unfortunate position to have lost the ability to work because of your injury, you’d likely receive certain promotions or raises over the course of your otherwise employable years. And thus working to increase your special damages in regards to loss of future earnings is critical to really collect what you are entitled to. And, after calculating your special damages, we will send a demand packet to the defendant(s) or their insurance firm asking for a certain amount of compensation to help you get back on your feet as soon as possible.

What Are General Damages?

General damages are more subjective in nature. Because they relate to issues that may be unclear and are not defined economically, they are also more open to interpretation by lawyers with experience. Depending on your legal representation, or who represents the defendant in your case, this can be either very good or very bad. For example, compensation for general damages for pain and suffering, disfigurement, the value, emotional trauma, or loss of consortium are open to interpretation. Knowing how to justify the damage request for these is hard for someone who does not have the years of experience we bring to the table. Having competent legal representation on your side is essential to obtain fair compensation for general damages you have sustained.

As an example of how the overall damage may vary in different cases as follows: Suppose a boy and his playing of his father who is 30 years old are on the balcony of the hotel. Both accidentally fall over the balcony into the street below. Both suffer from a broken leg. Special damages in this case might be similar, but usually the damage can be very different. The father knew the dangers and playing on the balcony. The boy probably did not. The father knows that he is not dying from a broken leg, but his son might freak out and think that when his leg was broken. In essence, in this case, the pain and suffering of the child was much higher than her father and in this case his general damages exceed the father. Many personal injury cases have very different situations, and similar accidents can lead to very different results.

Solvency In A Personal Injury Case

The defendant in a personal injury case must be solvent or able to pay compensation to the plaintiff. In other words, if we seek to be compensated by a homeless person who caused your injury, well this is a futile exercise because he cannot afford to repay you. However, it is important to know that this is a vital issue for personal injury cases, because defense attorneys can unethically use this loophole in a vain attempt to conceal or disguise the proceeds of its customers. In other words, this type of defense lawyers in San Antonio, Texas, will say that his client is insolvent or unable to pay the money owed in an attempt to have the case terminated due to insolvency, so that there’s no compensation for you. However, the San Antonio injury law firm of Grossman Law Offices have worked on these cases for 20 years, and we are familiar with this tactic. Often, when we take a personal injury case, we conduct an active control over the defendant can to make sure they are creditworthy and, indeed, hiding their assets. Although this is an underhanded tactic, we've seen before and are well prepared to deal with defense lawyers who choose to use such tactics.

Do Not Bring A Personal Injury Case Yourself

Self-presentation is rarely a good idea. This is especially true for personal injury cases. Given the many variables involved in the same incident, experience and knowledge gained for the correct lawsuit procedures and not to mention the ability to demonstrate accountability, proper calculation of damages and to show the defendant's solvency, there are simply too many ways that a person chooses to represent himself or who gets help from an inexperienced lawyer in San Antonio can go wrong. Save yourself the wasted effort. You are far more likely to win compensation by contacting the San Antonio injury law firm of Grossman Law Offices 1-855-393-0000. The call is toll free.

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-motivated insurers or defense lawyers who are smooth but aggressive. If you have already agreed to a settlement that you think now is unfair there may be very little we can do to help in this situation. Make sure this does not happen to you; contact us today before you consider a settlement.

In addition, insurance companies and defense attorneys are not afraid of people who are not lawyers or of lawyers who have never faced them in court. Because of their knowledge and experience, these defense experts will probably be able to find and use a variety of techniques to have the case dismissed. However, due to Grossman Law Office’s knowledge and experience, we can handle easily the claims adjusters and defense attorneys. In fact, we have made personal injury claims against most insurance companies in the country, so our reputation for success is both well known and often precedes us. Having the San Antonio injury law firm of Grossman Law Offices on your side means the defendant knows that you are serious.

The San Antonio Injury Law Firm Of Grossman Law Offices Will Help

If you have been injured in San Antonio or the other South Texas city contact the San Antonio injury law firm of Grossman Law Offices toll free at 1-855-393-0000 and get a free consultation. Unlike some lawyers in San Antonio, Texas, we will listen to the details of the case and advise you of the best course. We work hard to obtain full compensation for your injury from all liable parties. Let our knowledge, experience and reputation get to working for you.