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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.' I didn't know what to expect because I had never been in an accident like this before--actually, I was trying to work the case myself and it wasn't going so well. Fortunately, I talked to Mike and he was able help me out. He did an outstanding job.
-
J. D. Dodd
Commercial Vehicle Accident
San Antonio Injury Lawyers
If You Have Been Injured, Call The San Antonio Injury Lawyers Of Grossman Law Offices Michael Grossman
Injuries are as common as tourists at the Alamo. They occur every day. Too often, those who are injured do not receive the restitution and compensation they deserve. You can be one of those people. If you were injured, the San Antonio injury lawyers of Grossman Law Offices can help.
Michael Grossman, a veteran personal injury attorney with over 20 years of experience can help you understand the benefits you are entitled to and will fight to ensure that you receive what you deserve. Understanding of the law alone is not enough. The San Antonio injury lawyers of Grossman Law Offices are not only highly experienced in the field of injury litigation; they have handled all sorts of complex cases protecting the rights of injured plaintiffs like you.
If you've been injured, you probably have questions about the process by which it is possible to obtain justice and reparation. San Antonio injury lawyer Michael Grossman is available to help you understand the process. The San Antonio injury lawyers of Grossman Law Offices can help you get what you deserve.
What Is Personal Injury Litigation?
Well, a potential injury claim is when injured person (the plaintiff) files a complaint in court against the person or entity causing the injury (the defendant). The defendants are liable for claims of the applicant to the extent that the plaintiff is damaged when the defendant is the closest, or most immediate, cause of the injury to the plaintiff. In other words, the defendant will be made to pay for an accident resulting in plaintiff's injuries if it was the defendant's negligent act or omission that caused it.
To illustrate the principle of proximate cause, take the example of an accident big rig commercial truck. A big commercial truck is driving on a winding road in San Antonio near the lake. As a large commercial truck takes a curve while driving too fast and carrying a cargo of timber, it drops some of the logs and they crash into another vehicle. In this case, the logs would not have fallen and crashed into another vehicle, if it was not the negligent speeding that caused the logs to fall. Thus the negligence of the trucker was the proximate cause of the accident.
In the example above, it is relatively easy to determine the immediate cause of the accident as a single entity caused the damage. Sometimes, however, many different parties play a role in causing the accident and therefore more than one defendant can be held accountable. Using the previous example, suppose that the logs fell due to a third party not loading the logs properly. The third party, a separate entity from the transport company that owns the trucks, could be partially responsible for the plaintiff's injuries because the failure of the third party to load the logs correctly caused the accident. In this case, there would be two immediate causes of the accident because logs would not have fallen if not for the negligent driving of a large truck and the failure to secure the logs.
What Elements Are Necessary To Request Personal Injury Damages?
Three components are necessary for a successful personal injury lawsuit are:
- A solvent defendants: those who caused the plaintiff's injuries must have the ability to compensate the plaintiff for injuries with adequate financial resources.
- Damages: The applicant is not considered injured unless the plaintiff has suffered any damage. Damages may include, but are not limited to, such things as medical expenses, property damage, loss of income if the injury to prohibit the applicant work on a temporary or permanent loss of working capacity of long-term damage, and pain and suffering. We will discuss this more – including special and general damages, below.
- A breach of statutory duty of care: The defendant must have breached a legal duty to ensure that the defendant didn’t harm the plaintiff.
Duty of care can be a difficult concept to grasp, but basically it is an obligation to act prudently to ensure the safety of others. In the example above, the driver of the large commercial truck breached a legal duty of care by driving at high speed because the law imposes a legal duty of care to drivers to stay under the speed limit. The law requires motorists to exercise caution so as not to endanger other drivers and to ensure the safety of people on the road. Drivers assume the duty of care when they choose to drive. All cases of breach of duty where there results an injury is a violation of statutory duty of care. Duty of care also exists in other contexts are not created by law. An example is the obligation of the medical profession to do no harm and act in the best interest of their patients.
How Can The San Antonio Injury Lawyers Of Grossman Law Offices Help?
The San Antonio injury lawyers of Grossman Law Offices can help you build a strong case to ensure that the three elements necessary for a personal injury lawsuit is well established. We have experience in determining the solvency of defendants, too. Something unfortunate is that some insurers and defendants will try to hide financial assets in order to appear as if they are insolvent or unable to pay damages in a lawsuit. In concealing assets, insurers/defendants are trying to discourage plaintiffs from pursuing financial compensation. The San Antonio injury lawyers of Grossman Law Offices have extensive experience in investigating cases involving injuries and uncover hidden assets. Our experience shows that our company will aggressively pursue the damages you deserve and will not be dissuaded by the trickery and deception. The knowledge we have gained over many years of experience will help hold accountable those who cause damage, and to uncover their deception in court.
We can help you demonstrate the extent of your injuries and make sure there is complete and fair compensation for all injuries. A second tactic that insurance companies and defense lawyers use to avoid liability is to belittle and question the extent of the injury to the victim receives. Using this tactic, insurance companies and defense lawyers hope to demonstrate that you received little or no damage and therefore entitled to little or no compensation. The defense may try to photograph or videotape their participation in an activity that suggests you have not damaged. They can also try to invalidate all records that you have used to document your injury. Our company can help protect your evidence and use it to build a solid case establishing the extent of their injuries. We can help ensure a strong testimony of medical experts who can demonstrate the extent of the injury, its long-term effects, and the level of pain associated with injury.
The San Antonio injury lawyers of Grossman Law Offices conduct a thorough investigation of your accident and they are attentive to detail. We make sure we know how the accident happened and what party or parties are responsible. Research by public agencies such as police and OSHA are often poor. These agencies are often underfunded and overworked, so that you can lose the key elements that may be essential for you to win your case. The San Antonio injury lawyers of Grossman Law Offices however, conduct a thorough and rigorous independent investigation so as not to lose the facts that can help you succeed. It is important for us to pay attention to details and do the best we can for our customers. We make sure we have all the facts before us so we can provide competent representation.
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 San Antonio injury lawyers 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 victim has to show that 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 obligations to others.
Then you have to prove by a preponderance of the evidence to the jury that there was a violation or breach. The plaintiff must show not only that a duty of care was present but the defendant breached that duty of care. In the case of an accident, the plaintiff can prove that the defendant breached his duty, demonstrating that he acted in an unreasonable way. If the plaintiff can prove that the defendant has acted unreasonably, even for a minute, the plaintiff can show generally that the defendant breached the duty.
After this you have to link the breach to the resulting injury. 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. This 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.
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
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. Calculation of damages can be a difficult process for beginners, and is rarely simple for even other injury lawyers in San Antonio. Several factors must be considered and this must be done exactly 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 financial 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 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 accident and what happened afterwards.
By having the San Antonio injury lawyers of Grossman Law Offices on your side, you can ensure that we will comb over every detail so that all damages are properly 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.
There are two types of damages in personal injury cases: Special and general 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 not being able to work, 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.
There is no set guideline to refer to in the calculation of lost future earnings, so this could be difficult for some lawyers in San Antonio, Texas. But it is not for the San Antonio injury lawyers of Grossman Law Offices. But because of our two decades 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.
General damages, in turn, are more subjective in their calculations. Because they are related to matters that may be more difficult to define than 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 damages can vary from case to case involves a young girl and her adult father. Let’s say they are playing on the balcony of a hotel. Both fall accidentally from the balcony into the street and somehow 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 hotel balcony and should have known better. The child most likely would not. The father probably knows that he would not have died as a result of his broken leg. But the girl would have a worse time as she might think she would die when she broke her leg, and she was thusly far more terrified. Essentially, in this case, the pain and suffering of the child was much higher than that of her father, and it would mean larger damages in this case for the girl rather than his father. Many injuries also have special situations like this, where similar circumstances can lead to divergent results.
Why Pay Legal Costs If I Can Represent Myself In Court?
The stark truth is that victims who try to represent themselves have a huge risk of not receiving the compensation they deserve. In the 20 years our company has worked in San Antonio injury claims, we have seen and heard many victims who have lost their cases or didn’t get full compensation for the damage because they chose to represent himself. These victims did not necessarily fail because they lack the intelligence or knowledge of injury law in San Antonio. The main factor that contributed to their lack of success has been his lack of experience in litigation. Like any field of practice, work experience and training in the legal field gives the best results. As a physician with training and experience in surgery have the best potential for achieving a successful operation, a lawyer by training and experience in personal injury litigation in Texas has the greatest potential for success in a personal injury lawsuit in San Antonio.
The company recently was contacted by a victim of an accident and he did not have representation. The man sustained approximately $70,000 in damages after a car accident. Strong evidence existed that could provide a solid base for further injuries and our company had the ability to obtain a large settlement had the man chosen to participate. The man wanted to avoid paying attorneys' fees, so he chose to represent himself and began to negotiate with the insurance company. After a few months, the man received a settlement offer of $3,000 the insurance company. This man got in touch with our firm after receiving the offer of settlement to express his outrage at the number. He said he was interested in possibly hiring a lawyer to handle the matter. He listened to our advice ahead and tried to bluff the insurance company with what we had told him.
What this man did not know that insurance companies are not afraid of threats of lawsuit, especially when the threat comes from an unrepresented person. Insurance companies are very familiar with the lawsuits, and generally have an informed team of defense lawyers, who earn their livelihood stopping the lawsuits filed by non-lawyers, and even inexperienced lawyers. Insurance companies are well aware that non-lawyers are vulnerable against lawyers who know what they are doing. The lawyers in this case for the insurance company made a list of admissions with the court. The man was not aware of the appropriate procedure to respond to the list, and probably does not even know that the list requires a response. When lawyers for the insurance company had not received a response in time, they made a motion for summary judgment, meaning the judge would throw the case out. The judge granted a summary judgment and dismissed the appeal for lack of timely response. Therefore, unfortunately, he has not received any compensation for his injuries.
This type of result is not unheard of, as well as expected in the processes of injury litigation. The complex nature of personal injury cases requires the expertise of a lawyer. Non-lawyers can not be make up for the lack of experience and knowledge of the inner workings of the law. Inevitably, you make a mistake and an error can substantially reduce or destroy any settlement offers or the amount of the premium for the job. Do not let this happen to you. Take the necessary steps to ensure security. San Antonio, Texas, personal injury attorney Michael Grossman has the necessary experience, knowledge and talent to succeed in personal injury, and a track record to prove it. Grossman has successfully challenged hundreds of cases and has received multi-millions in settlements and awards for clients. Insurance companies and defense lawyers are aware of the San Antonio injury lawyers of Grossman Law Offices and the success we've had.
Because there are often more than one immediate causes of any accident, the plaintiff may name many parties as a defendant in the trial of the injury. Trials involving multiple accused can be complex and burdensome for non-lawyers. In such cases, it is extremely important for the victim to find a lawyer with a personal injury sustained record of success, like the San Antonio injury lawyers of Grossman Law Offices, to plead on his behalf.
We are able to obtain the evidence and the right to include cost estimates and monetary damages relating to injury, including but not limited to medical expenses, property damage, lost wages and lost earning capacity. We also have the ability to refer and may refer to the past in similar cases, the nature of support cases and demonstrate how the judges have decided similar cases in the past. This type of loan and the evidence adds credibility to your requirement and help stop the army to take advantage of you. Having a strong advocate on your side to forces the defense lawyers and insurance adjusters have more to consider settling. They know you are serious. Let us look at the whole picture and identify all potential defendants, so that justice is done and you will receive as much compensation you truly deserve.
Although we knew that the law, as do many lawyers, that is enough to be a good lawyer. Experience counts. A Grossman Law Offices, we have demonstrated over and over again that we have the experience and skills necessary to succeed in the processes of injury litigation.
Because of our reputation for success, many defense lawyers and insurance companies begin immediate negotiations on the settlement once they learn our company is overseeing the case. When defense lawyers and insurance companies choose not to resolve it out of court, we are ready and willing to use our experience in court to get our clients the compensation they deserve. Our company is here to help and willing to use our expertise at your service. If you have been injured because of someone else, contact the San Antonio injury lawyers of Grossman Law Offices and get their experience and expertise enlisted into your service. Call us toll free today, 24 hours a day, seven days a week, for a free legal consultation. The number is toll free 1-855-393-0000. Call us today.
Some of Our Most Recent Successful Cases
$162,500.00 Recovery - Workplace Accident (Shoulder Injury)
Recovered for worker who injured their shoulder while lifting a heavy object.
Recovered for worker who injured their shoulder while lifting a heavy object.
Total Recovery:
$162,500.00
$162,500.00
Attorney Fees:
$81,250.00
$81,250.00
Litigation Expenses:
$3,784.00
$3,784.00
$1,010,000.00 Recovery - Workplace Accident (Hand Lacerations)
A young worker was negligently trained to operate a piece of machinery. During a routine cleaning procedure, he suffered a serious hand injury consisting of numerous deep lacerations across his palm. The defendants claimed that he was a contract laborer and therefore owed no legal duty. Through litigation, our attorneys showed evidence to establish an employer-employee relationship thereby creating a non-subscriber work injury cause of action.
A young worker was negligently trained to operate a piece of machinery. During a routine cleaning procedure, he suffered a serious hand injury consisting of numerous deep lacerations across his palm. The defendants claimed that he was a contract laborer and therefore owed no legal duty. Through litigation, our attorneys showed evidence to establish an employer-employee relationship thereby creating a non-subscriber work injury cause of action.
Total Recovery:
$1,010,000.00
$1,010,000.00
Attorney Fees:
$333,300.00
$333,300.00
Litigation Expenses:
$50,000.00
$50,000.00
$75,000.00 Recovery - Automobile Accident (Soft-Tissue Back Injury)
Recovery for accident victim who suffered soft-tissue back injury caused by rear-end collision.
Recovery for accident victim who suffered soft-tissue back injury caused by rear-end collision.
Total Recovery:
$75,000.00
$75,000.00
Attorney Fees:
$30,000.00
$30,000.00
Litigation Expenses:
$2,700.00
$2,700.00
$41,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovery for client who suffered soft tissue injuries when she was struck by an 18-wheeler.
Recovery for client who suffered soft tissue injuries when she was struck by an 18-wheeler.
Total Recovery:
$41,000.00
$41,000.00
Attorney Fees:
$13,666.00
$13,666.00
Litigation Expenses:
$135.00
$135.00
$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
$100,000.00 Recovery - Motorcycle Accident (Broken Femur)
(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.
(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.
Total Recovery:
$100,000.00
$100,000.00
Attorney Fees:
$33,000.00
$33,000.00
Litigation Expenses:
$0.00
$0.00
$180,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries and Labor Complications)
Recovery for pregnant car accident victim who suffered a premature delivery and soft tissue injuries.
Recovery for pregnant car accident victim who suffered a premature delivery and soft tissue injuries.
Total Recovery:
$180,000.00
$180,000.00
Attorney Fees:
$38,333.00
$38,333.00
Litigation Expenses:
$138.00
$138.00
$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.
Recovery for driver struck from behind by 18-wheeler: Driver sustained back and neck injury.
Total Recovery:
$145,000.00
$145,000.00
Attorney Fees:
$48,333.00
$48,333.00
Litigation Expenses:
$2,696.00
$2,696.00
$40,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Total Recovery:
$40,000.00
$40,000.00
Attorney Fees:
$13,333.00
$13,333.00
Litigation Expenses:
$50.00
$50.00
$102,500.00 Recovery - Commercial Vehicle Accident (Both Legs Broken)
Recovery for client who suffered injuries to both legs in a truck accident.
Recovery for client who suffered injuries to both legs in a truck accident.
Total Recovery:
$102,500.00
$102,500.00
Attorney Fees:
$40,833.00
$40,833.00
Litigation Expenses:
$19,984.00
$19,984.00



