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I wanted to thank all of you so much for being such wonderful people to my son and also to my family. You can't imagine how much your generosity meant to us. 
-
J. Landeros
Mother of a Child Who Sustained a Brain Injury
San Antonio Injury Lawyer
San Antonio Injury Attorney Michael Grossman Examines Personal Injury Lawsuits in TX
Injuries are never planned. They are sudden hiccups in fortune that misalign your planned course. You can plan for an injury, but no one ever plans the injury itself.
Injuries are setbacks inasmuch as they compromise your ability to do what you want. They curtail physical activity and become, though various avenues we will examine, sources of financial strain. Injuries are tangible reminders of our fragile bodies and of dangers of varying magnitude that exist around us. They are both undesirable and inevitable in a world that oftentimes seems quite hazardous to your health. The question is how you deal with injuries in a legal fashion when they do occur and you feel that litigation is justified. Michael Grossman is a personal injury lawyer in San Antonio with 20 years experience and offers this article as a helpful tool in answering that question.
You are Entitled to Seek Just Compensation
Entitlement has grown into a fairly ugly word, evoking pictures of bratty heiresses with diamond-buckled footwear and the “brand name & brand name” purse to which they no doubt felt they were justly entitled. In personal injury law, the idea of entitlement is a sincere assertion. You may have suffered an injury and you may feel entitled to help and to compensation. Perhaps you have accumulating medical bills, lost wages from work or a debilitating injury from which you can never hope to be free for the rest of your life. You might have suffered property damage or emotional damage. Further, you might suspect or know with absolute certainty that all of these losses and damages are not your fault. You might feel entitled to having your losses, financial and otherwise, restored to even. You might be wondering if you need a lawyer. In that case, you are entitled to and likely need a San Antonio injury lawyer. Some of the nuances of personal injury law can help explain your need for legal representation if you have been injured and feel rightfully entitled to fair compensation.
Personal Injury Law is the Civil Thing to Do
Personal injury law falls under the purview of the civil courts and not the criminal courts. Often, in the public media, you hear stories of cases involving both civil and criminal charges. Whereas criminal courts exist to settle disputes between the magistrate and the citizen, civil courts exist to settle disputes between fellow citizens, members of one society who stand upon the same plane. A personal injury lawsuit is directed at another person in order to prove that they bear the brunt of responsibility for losses incurred due to one or multiple injuries you have suffered.
Liability: the Hinge on Which Personal Injury Law Swings
The lynchpin of personal injury law is the idea of liability. Liability can also be deemed in other terms such as “responsibility” or the more commonly understood “blame.” Who to blame is a concept with which we are made familiar from the earliest ages. In principle, the same applies in any personal injury case: on whom can we legitimately pin the blame or liability?
Several aspects distinguish liability from the caprice of playground blame. Foremost is that the establishment of liability must be just, in accordance with the rule of law and consistent, as nearly as possible, with the truth. Should a case go to court, it is that courtroom, its judges, jury and lawyers who ultimately forge the justice of any case. The other thing that sets liability apart from our common notions of blame and responsibility is that liability can be distributed; that is, liable parties do not always assume one hundred percent of that liability. If you have been injured, there is a chance you may assume at least some of the liability for your losses.
Whenever someone acts irresponsibly or outside the bounds of expected behavior, that person may be held liable for their own injuries. The more likely case is that, while someone may assume partial liability for their own losses, they or the courts can point to a party of majority liability. To the extent that someone can be held legally liable for your injuries, that person owes you recompense in due proportion to their liability. If you incur a significant medical bill as a result of your injury and someone can be held sixty percent liable for causing your injury, that person owes you sixty percent of your bill. If you did nothing wrong and the defendant is one hundred percent liable, that person must pay for the total amount of your bill. Actual cases are significantly more complex than that example, but it does demonstrate the fact that liability is distributable. If you live in or around San Antonio, have suffered an injury and need help off-setting the escalating costs of paying to recover from your injury, you need an injury attorney in San Antonio, TX to legally establish a proportion of liability in a court.
What Are Your Damages?
The word “damages” may evoke a dented car door or watermarks on a ceiling. In the legal vernacular, damages refers to tangible losses for which the plaintiff, or the one bringing a lawsuit, is seeking compensation. Because we live in a monetary society, even though damages often take on non-monetary forms, such as pain and suffering, compensation can only be sought through financial resources. Accordingly, when we refer to “damages,” we are referring to money.
Considering the idea of liability that we just examined, many people believe that a court case is won when liability has been established, when you can compel a judge to stand and point his or her finger at the guilty party. Do not be deceived; that is not winning. Winning a case is receiving damages in accordance with the extent of your losses due to injury. When we say that San Antonio injury lawyer Michael Grossman has won thousands of personal injury cases, we mean that he has secured due recompense (money correspondent to the degree of his clients’ injuries) so that his clients were able to satisfactorily recover what they lost.
Damages can cover medical bills, wages from lost work time, pain and suffering and legal costs. Only a court can determine to which of these you were entitled as a result of your injury. This is where having a competent attorney comes into play. Anything less than a capable San Antonio injury lawyer will likely precipitate in you not recovering the full scope of your damages. If you fail to recover what you deserve through the civil courts, you end with a net loss. Attorney Michael Grossman wants to see you end with minimal loss, if possible, to be compensated to the point of no loss.
Building in Triplicate, the Foundations of Any Personal Injury Case
Three things must exist in order to establish any personal injury case in order to ensure its ability to be won: legal duty, incurred damages and a solvent defendant.
A legal duty must have existed between two or more of the parties concerned in any case. A legal duty is one that can be demonstrated in front of a court. You cannot drag your boyfriend or girlfriend to court and claim they owed you the legal duty of a box of chocolates. You can sue someone claiming they owed you the legal duty to drive their car according to the laws of the road. It is possible to sue an employer claiming they owed you the legal duty of a safe workplace. You can sue a doctor claiming they owed you a legal duty to attempt to make you better. It must be a situation where a legally definable relationship existed between the plaintiff – the one bringing the lawsuit – and the defendant – the one against whom the lawsuit is brought. You cannot bring suit against any random stranger with whom you have and have never had a relationship precisely because it cannot be shown that they showed you any kind of legal duty.
You must have incurred damages in order to bring a suit. The court will not hear any close-call cases where you did not end up suffering loss. If you had to swerve to miss someone who drifted into your lane and you really did miss them, then you might be rattled, angry or indignant, but you did not suffer any tangible damages. The other driver did violate his or her legal duty owed to you and every other driver, but whereas no financial loss ensued, no suit can be brought. If, however, you were clipped on your fender and suffered injury, both a violated legal duty and tangible damages have occurred, and a Texas personal injury lawsuit may be pursued so long as the liable party is financially able to pay due compensation to an injured party.
Defendants must be solvent for any lawsuit to be affected. It is unfortunate that the first two do not necessarily promise victory for your case. If the person you are suing has no money, you cannot be compensated for any damages. Indentured servitude is grossly illegal, so if your defendant has no financial means with which to pay you, any lawsuit would be futile. Nevertheless, it should be noted that defendants do sometimes attempt to cloak their resources in feeble efforts to evade paying damages. Prior to bringing suit, a skilled San Antonio personal injury lawyer can delve into a defendant’s assets in order to determine his or her ability to pay.
San Antonio attorney Michael Grossman has 20 years experience and thousands of tallied victories in the area of personal injury law. He knows how best to demonstrate any kind of legal duty, show the entire financial extent of any and all damages and discover the truth about any defendant’s financial solvency. No case can be built on a foundation that has any fewer than these three essentialities.
The Hurdles to Winning Your Personal Injury Case
As with anything, hurdles exist in personal injury law, which is not to say winning difficult cases is impossible. With the right legal representation and evidence, anything is possible, but the obstacles must be dealt with nonetheless.
Sometimes personal injury law can devolve into a power struggle. This is particularly palpable when insurance companies become involved and why, if you represent yourself in such cases, you will likely lose. Insurance adjusters are borderline merciless in the way they often handle injury accident cases in Texas. They act unscrupulously in the tenacious defense of their company. As you can imagine, bloated insurance companies have a legion of resources at their disposal: investigators, lawyers, adjusters, number-crunchers etc. It is a tireless machine geared and calibrated to guard its own preservation. What balances the scales of power is when you seek proper legal representation. A knowledgeable San Antonio personal injury lawyer is sufficient to call an insurance company to account for their legal responsibilities to provide recompense. For one, a good attorney cannot be duped and insurance companies, who are heavyweight champions at duping, know they cannot prevaricate in the presence of a man or woman with adequate legal knowledge and leverage.
Other defense lawyers or the proxies of insurance companies will sometimes scoff at your claims to damages. Invariably, they believe you are entitled to much less in damages than you do, inasmuch as what they do can be called believing as opposed to calculated self-interest. From the first stages of a lawsuit, the defense is active in preparing their case and attempting to show that your damage claims are extravagant is near the top of their task list. Correspondingly, attorney Michael Grossman is working to show the verity of every one of your damage claims. He knows for which damages you can reasonably expect compensation and will construct a demand packet in accordance with all that he, with his wealth of experience, believes you can and should win from the defense. When he does this, he will defend your right to compensation with tenacity equal to the defendant’s representation.
Establishing liability is perhaps more important than any other obstacle. Proving liability, as we have said, in no way means a plaintiff has won, but it is the foundational element to any good case and, as with damages, wily defense attorneys are constantly attempting to deflect liability in any direction other than their client. Recall that liability is distributed, so it is important to establish the due amount of liability on each defendant. Defense attorneys and insurance adjusters and workplaces are working hard and culling all their resources to help their own case; you need to be doing the same for yourself. An experienced attorney has investigators on which he or she can call upon to pull the truth out of any case. Attorney Michael Grossman has such investigators at his disposal and can get to the bottom of your case in order to place liability where it belongs, with multiple parties if necessary. With his 20 years of experience, Michael Grossman knows precisely how liability works and how it ought to be distributed to be successful in a courtroom.
Representing Your Own Case: Affordable Idea or Misguided Hubris?
Acting as your own lawyer, while romantically intriguing in a cinematic sense, often comes to an abrupt, unsatisfying end. The practice of law, as this article has hopefully demonstrated, is a complex task. Moreover, the aggressiveness of defenses has made it such that, without legal representation, you stand a negligible chance of receiving your due compensation in any personal injury case. Investigation, court procession, even something as seemingly simple as paperwork are, in actuality, time-consuming jobs in the legal field.
Experience is the best discriminator in personal injury law professionalism. Navigating the proper avenues of law practice is a finite skill set with which few are intimately familiar. Those who become agile at finding their way through the infinite obstacles of making effective cases are known by other defenses, including insurance companies. Michael Grossman, having won thousands of personal injury cases, including thousands of car accident cases, is a familiar name among insurance companies and they are reluctant to challenge him in the open field of a courtroom, preferring instead to settle for the reasonable damages he initially requests. An individual representing him or herself, while perhaps adept at practicing their own vocation does not have anywhere near the same pull in the field of law.
When dealing with insurance companies, the necessity of proper legal representation is especially poignant. Insurance companies will often position themselves as your friends, eagerly making offers to compensate you at amounts they determine with empty promises to the future. The fact is, almost no insurance company can be trusted to consider your best interests. They make offers in order to bleed you of your legal right to bring further suit, not to give you just compensation. They are happy to repay you well below the amount you deserve in order to avoid paying out the amount to which you are truly entitled. When you agree to their trifling terms, no lawyer can help you. You must seek out a capable San Antonio personal injury lawyer from the outset, before you negotiate with any insurance company.
Contact San Antonio Personal Injury Lawyer Michael Grossman
The aforementioned complications demonstrate the need for a competent attorney in a personal injury case. Injuries are not welcome instances; they are sharp turns of misfortune that call for remedy. If you believe you have suffered injury due to the infraction of another in their reasonable duty, then you should call a personal injury lawyer. The insurance companies and defense lawyers may be barring your way to just recompense for your pain, suffering and loss.
San Antonio injury attorney Michael Grossman has accumulated 20 years of experience defending victims of injury and has won thousands of those cases, putting money back in the pockets of the injured and relieving them of the caustic fallout of their damages. Grossman Law Offices will work in and out of court for you as it has for others, securing settlements where they are sufficient and defeating liable parties in court when offered settlements are disproportionate to what you deserve. Contact Grossman Law Offices at 1-855-393-0000 (toll free) for a free legal consultation. Our staff of legal experts can hear the circumstances of your case and get you started on the road toward recovery of your damages.
Some of Our Most Recent Successful Cases
$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
$125,055.00 Recovery - Automobile Accident (Back Injury Requiring Surgery)
Recovery for client who suffered a back injury resulting in surgery in a car accident.
Recovery for client who suffered a back injury resulting in surgery in a car accident.
Total Recovery:
$125,055.00
$125,055.00
Attorney Fees:
$41,684.00
$41,684.00
Litigation Expenses:
$435.00
$435.00
$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.
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
$30,000.00
Attorney Fees:
$10,000.00
$10,000.00
Litigation Expenses:
$500.00
$500.00
$75,000.00 Recovery - Automobile Accident (Neck & Back Sprains)
(policy limits) Recovery for client who suffered sprains in the neck and back due to a rear-end car accident.
(policy limits) Recovery for client who suffered sprains in the neck and back due to a rear-end car accident.
Total Recovery:
$75,000.00
$75,000.00
Attorney Fees:
$21,277.00
$21,277.00
Litigation Expenses:
$680.00
$680.00
$100,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for client injured in an automobile accident.
Recovery for client injured in an automobile accident.
Total Recovery:
$100,000.00
$100,000.00
Attorney Fees:
$33,000.00
$33,000.00
Litigation Expenses:
$500.00
$500.00
$1,450,000.00 Recovery - Commercial Vehicle Accident (Brain Injury)
Our firm was hired by a delivery driver who suffered a closed head injury resulting in the permanent loss of smell in a head-on accident. The incident occurred as the driver of an 18-wheeler lost control of his vehicle and veered into oncoming traffic. Our client's delivery vehicle was struck head-on, causing massive damage to both vehicles.
Our client was taken to an area hospital where he was treated for minor bodily injuries and a closed head injury which originally manifested itself as a concussion and temporary memory loss.
Suit was filed against the defendants following their failure to respond to our correspondence in a timely manner and litigation began. Included in the suit were both the defendant truck driver and his employer. The results of our investigation and the physical evidence from the accident scene made it apparent that the defendants had indeed caused the accident. Defense counsel soon conceded liability
Our firm was hired by a delivery driver who suffered a closed head injury resulting in the permanent loss of smell in a head-on accident. The incident occurred as the driver of an 18-wheeler lost control of his vehicle and veered into oncoming traffic. Our client's delivery vehicle was struck head-on, causing massive damage to both vehicles.
Our client was taken to an area hospital where he was treated for minor bodily injuries and a closed head injury which originally manifested itself as a concussion and temporary memory loss.
Suit was filed against the defendants following their failure to respond to our correspondence in a timely manner and litigation began. Included in the suit were both the defendant truck driver and his employer. The results of our investigation and the physical evidence from the accident scene made it apparent that the defendants had indeed caused the accident. Defense counsel soon conceded liability
Total Recovery:
$1,450,000.00
$1,450,000.00
Attorney Fees:
$560,000.00
$560,000.00
Litigation Expenses:
$31,410.00
$31,410.00
$47,500.00 Recovery - Automobile Accident (Broken Leg)
(policy limits) Recovery for client who sustained a broken leg in a car accident.
(policy limits) Recovery for client who sustained a broken leg in a car accident.
Total Recovery:
$47,500.00
$47,500.00
Attorney Fees:
$19,000.00
$19,000.00
Litigation Expenses:
$168.00
$168.00
$100,000.00 Recovery - Motorcycle Accident (Neck, Back, and Knee Injury)
Recovery for a client who suffered neck, back, and knee injuries in a motor cycle accident.
Recovery for a client who suffered neck, back, and knee injuries in a motor cycle accident.
Total Recovery:
$100,000.00
$100,000.00
Attorney Fees:
$33,333.00
$33,333.00
Litigation Expenses:
$627.00
$627.00
$300,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Facial Fractures and Head Trauma)
A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff's employer was a subscriber to Texas Workers' Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.
The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harms way. They maintained that the plaintiff simply walked behind the reversing tractor trailer as it pushed back toward the loading dock.
It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle's proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.
A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff's employer was a subscriber to Texas Workers' Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.
The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harms way. They maintained that the plaintiff simply walked behind the reversing tractor trailer as it pushed back toward the loading dock.
It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle's proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.
Total Recovery:
$300,000.00
$300,000.00
Attorney Fees:
$120,000.00
$120,000.00
Litigation Expenses:
$9,807.00
$9,807.00
$19,000.00 Recovery - Commercial Vehicle Accident (Pulled Muscle)
Recovery for client who sustained a pulled muscle in an 18-wheeler accident.
Recovery for client who sustained a pulled muscle in an 18-wheeler accident.
Total Recovery:
$19,000.00
$19,000.00
Attorney Fees:
$6,270.00
$6,270.00
Litigation Expenses:
$100.00
$100.00



