San Antonio Personal Injury Attorneys

Michael Grossman and the San Antonio personal injury attorneys at Grossman Law Offices Discuss Your Rights When You’ve Been Injured

If you have been injured in any way due to the negligence of another person or entity, it is likely worth it to you to begin seeking compensation for the financial losses suffered as a result of this injury.

With a personal injury claim filed by the San Antonio personal injury attorneys at Grossman Law Offices, you can be compensated for medical expenses, lost wages due to absence from work, pain and suffering and other damages you've incurred. However, undertaking this assignment can be difficult for a non-lawyer or a lawyer with no experience because the law is complex regarding personal injuries and the defense teams often found in these types of cases can be aggressive in defending assets of its customers. Therefore, having an experienced attorney like the San Antonio personal injury attorneys at Grossman Law Offices may be beneficial when you seek compensation for your injuries. With 20 years experience in personal injury law, the San Antonio personal injury attorneys at Grossman Law Offices are ready to help you on your injury claim.

What Is Personal Injury?

An injury can be physical, mental or emotional and may have been caused by the negligence of another party. Car accidents in Texas are a common cause, as are injuries suffered from an on-the-job accident. But there are many other types of accidents that occur every day San Antonio, causing a victim who suffers an injury. In Texas, an injured person seeks legal action for their damages against the defaulting party or parties through a continuing injury. Such action is requested so that the injured victim may be compensated for damages, including economic losses they suffered as a result of the injury. It should be noted that defendants in such cases owe nothing to an injured victim, unless a lawsuit is brought by the victim to force the negligent entity to provide such compensation. In other words, the aggrieved victim seeks legal action to obtain compensation for their injuries and can not sit around waiting for compensation.

Do You Have a Personal Injury Claim?

If a party breached its legal duty to the victim by a form of neglect, which means that the victim suffered an injury that caused the victim to some kind of financial loss, then a claim may be initiated against negligent party. For example, a traffic accident involving injuries occurs most frequently due to the reckless driving of an individual. In such cases, the responsible driver is said to have failed in his legal duty to the injured victim in relation to public safety. As such, the driver may be liable for injury to the victim of a personal injury lawsuit.

However, obtaining compensation through such a process requires that the plaintiff's lawyer must be able to prove that the defendant had the legal duty and breach of this legal obligation. In other words, the burden of proving the case for personal injury, behind the plaintiff and respondent. As such, the plaintiff needs lawyer like Michael Grossman and the San Antonio personal injury attorneys at Grossman Law Offices, who has 20 years experience in personal injury. Demonstrating a legal requirement can sometimes be challenging, depending on the details after an accident or breach of statutory duty may vary depending on the specific situation of the lesions and the relationship with the players left. For example, a doctor can be cut with a knife while you are waiting in the queue of the film, but a doctor can be cut with a knife if you are on a voluntary basis, through the surgery in their care.

In addition, cases of injury can often be very complex depending on the specific characteristics of accident causing injury. For example, if a construction worker is injured in an accident at the construction site in San Antonio, the employer may be liable for failing to provide security for their workers. However, if the construction worker is a contractor, the contractor is responsible for their own safety at a construction site, which means that the employer should probably not be liable for worker injuries. For the context of an injury properly assessed, it is important to have an experienced attorney like the San Antonio personal injury attorneys at Grossman Law Offices on your side to help you understand your legal options may be used so that you can support a full and fair compensation for their injuries.

Responsibility and Negligence

If the defendant has violated a legal obligation of the plaintiff and the plaintiff has suffered damages as a result of this violation, the defendant shall be liable for those damages. Responsibility means just who it is that is responsible for an accident causing injury. Sometimes it's just an accident on the part of one person, while other times there may be many entities that may have contributed to some kind of accident. In most injury accidents, breach of any legal duty owed is often the result of the rule of negligence or carelessness. In other words, the defendant has a moment of distraction, and that leads to the accident. For example, the standard negligence occurs when a driver is distracted for a moment and causes an accident.

The defendants also could violate a legal obligation through gross negligence. This means that the defendant knew his conduct could result in an accident causing injury. Drivers who choose to drink and drive and cause accidents are guilty of gross negligence, as they are aware that their actions have the potential to cause an accident. In addition, deliberate undertaking of actions to harm, such as assault with a deadly weapon. This is classified as having committed a crime of assault, which is another way that the defendant can violate his legal duty to the plaintiff. In personal injury cases in San Antonio, the responsibility should be established, and that means that your legal representation must be able to show how the defendant's negligence caused your injury.

Three Elements of a Personal Injury Case

In all cases of injury claims, you must successfully establish three elements that comprise your claim: liability, damages and solvency. Like a three-legged stool, if one of these aspects is missing, the case will not be able to stand.

Solvency of the Defendant

Solvency means that the defendant has the financial resources to pay compensation to a plaintiff if the personal injury suit has a favorable outcome for the plaintiff. If the defendant is insolvent, no compensation can be won because the defendant would not be able to pay for it. For example, a claim may be brought against a homeless person, but it is likely that this person could not afford to compensate an injured party for damages suffered. While a homeless person can be solely responsible for the accident and the victim may have suffered actual injury resulting in some kind of financial loss, the insolvency of a defendant makes it all a moot exercise.

Be warned though that some unscrupulous attorneys can use the question of solvency as a means of helping their clients to escape responsibility for an accident that causes injury. For example, a defense attorney or the defendant may choose to hide their financial means and pretend to be insolvent and therefore not able to compensate the victim. When the San Antonio personal injury attorneys at Grossman Law Offices take on a personal injury cases in which a defendant may be claiming bankruptcy, we will work to verify their claims, either by an active background investigation (which often do anyway in every part defendant), or else we will work to find the financial resources of a defendant by other means. In other words, we will ensure that the person have not lied about their solvency so they can be held responsible for their injuries.

Soliciting a Settlement or Going to Trial

You probably think you have to go to trial when you bring a claim. But the fact of the matter is that trial is not the only way to make your claim so that you can recover from your injuries. You can go to trial, which is usually not as melodramatic as what you see on TV or in the movies, or you can agree on a settlement with the insurer or the defendant’s attorney. Below we'll explain more about these two ways to win your case and why you need experienced lawyers like the San Antonio personal injury attorneys at Grossman Law Offices.

In a settlement agreement, usually the plaintiff and the defendant get to avoid the need for a trial through negotiation and agreement without needing the services of a judge or jury. In a settlement agreement, the defendant voluntarily agrees to pay the plaintiff a sum of money and in exchange for compensation, the plaintiff then agrees not to sue the defendant(s) in the future for more money for damage caused by the accident. The acceptance of a fair settlement offer is always good for the victim. By asking for and taking a good settlement offer, you can get your money much faster than if it would have went to trial. Moreover, by accepting their offer you avoid the uncertainty that is always present when you entrust the future of a trial before a panel of random jurors who may not always see things fairly or the way you do.

Soliciting and receiving a good settlement offer from a defendant is usually not easy and it usually requires the support of experienced lawyers the San Antonio personal injury attorneys at Grossman Law Offices. Defendants know that they have no legal obligation to pay anything unless you win your case. For this reason, they are rarely motivated to voluntarily pay money into a settlement, unless they are nervous that they will lose if they undergo a trial. The best way to make a defendant willing to pay is to have solid evidence and a lawyer with an excellent reputation on the page. Experienced attorneys like the San Antonio personal injury attorneys at Grossman Law Offices will ensure that in your case, you have both. We have been handling accident and injury litigation for twenty years and we have won favorable settlements and judgments against almost all major insurers in the country. Insurance companies know our reputation and often prefer to settle for our clients rather than to meet experienced the San Antonio personal injury attorneys at Grossman Law Offices in the court room.

If you have not hired an attorney, the defendant in your case you can try to convince him to accept a settlement offer that is not going to be fair to you. Although a good settlement can be a benefit to victims, bad settlements permanently deprive victims of their rights, requiring that you lose your ability to prosecute the accused. The defendants know that accident victims often face large bills and lost income. They hope to get you to accept small amounts of fast money that they hang in front of you instead of fulfilling their obligations. They will assert that their low-ball offer is all that you could get, or that there will be no better settlement forthcoming whether in trial or through negotiation. These people will tell you their offer is the best you can expect. Do not believe their lies. If the defendant offers a settlement and you have not even hired an attorney, chances are he is trying to fool you. The experienced San Antonio personal injury attorneys at Grossman Law Offices can tell you how much money your case is worth. They can also help you assess whether the defendant's offer is truly fair and just.

Going To A Jury Trial

Sometimes claims can not be resolved out of court. If the disagreement can’t be resolved with a settlement, we take your claim to court. Between the plaintiff and the defendant, the task of the plaintiff will always be more difficult in a trial. This is because of the fact that the plaintiff has the burden of proof in such proceedings. The plaintiff must prove the defendant is liable for the injuries you incurred. If the burden of proof has not been adequately met, the defendant will win the lawsuit by default.

Given this heavy burden on your shoulders, it is never a good idea to represent yourself in court room proceedings. This is particularly true in complex cases such as accident lawsuits where you have injuries and damages on the line. Meeting the burden of proof generally requires a solid legal strategy, convincing evidence and of course the San Antonio personal injury attorneys at Grossman Law Offices. You need a smart strategy that shows the four elements of accident and personal injury claims convincingly. These four elements of a claim are duty, breach, causation and damages. Below we explain each of these four elements to give you a better idea of what you’re up against.

Duty is the first part of a personal injury suit. Proof of duty is showing that the defendant in the case has a duty of care, which means s/he has a duty not to cause harm. The obligation to ensure that people protect each other is one of the basic requirements of law but the degree to which the obligation exists depends largely on the circumstances of each situation and the special nature of the relationship between the parties. A doctor has a greater duty of care, as would an employer or a pilot. In most cases it should not be difficult to prove that defendants in personal injury accidents had a duty since they are expected to act towards each other as a reasonable person would to avoid causing harm. It is almost assured that this "reasonable person" applies to activities of the defendant in your claim.

The secondary part of a personal injury claim that the San Antonio personal injury attorneys at Grossman Law Offices must prove is breach. You need a lawyer for this one. Once you have demonstrated both the duty and the violation of that duty you must show that the breach came about because of the defendant’s negligence. This is an important step to prove the liability of the defendant. Most personal injury accidents claims involve breaches of duty towards the victim. You have to show that this is something that a reasonable person would (stopping at a red light) or would not do (speeding) as a necessary precaution to ensure safety. To establish breach, you must show evidence of the defendant’s actions to the court; it will not do to just assert that it happened. Then the jurors will see that these actions were a breach of duty of care and you have proven the second part.

After you have proven that the defendant acted negligently, the third element you must prove is what we call causation. You have to prove the defendant's negligence was the cause of your damages. We have talked about how several parties could have a role in the personal injury accident you suffered, and how many people can be held liable at the time an accident. In some cases, the defendant will try to blame other people or even you, saying they aren’t the reason that the accident occurred. If you do not have sufficient evidence to prove the defendants you named in your claim caused this accident, you will not win. This is yet another reason why you need the San Antonio personal injury attorneys at Grossman Law Offices.

After we’re done proving the defendant's liability, the San Antonio personal injury attorneys at Grossman Law Offices will prove your damages. Here, the term "damages" means the financial amount that defendants must pay you if you win your case. You can collect damages for such injuries as pain and suffering, doctor bills, property repair bills, lost wages, loss of earning capacity and other losses you may have incurred from your accident. We will explain the two types of damages, but first we want to explain how and why you have to “prove” these damages.

When you are seeking compensation, it is not enough to ask for a flat amount. You must prove you are entitled to it. This requires the calculation of the total amount of losses and you must have the evidence of your claims. In most cases, the amount of personal injury and accident claims is a controversial topic. The defendant in your case is likely to have calculated what he thinks he owes if he loses the trial. If the number is even greater than a penny, it is much smaller than your own estimation. It is likely that he will say your estimation of the damages has been greatly exaggerated, and the sum you ask for is unwarranted. Calculation of damage is not an easy task for those who are not lawyers, and even inexperienced San Antonio personal injury attorneys don’t do it well. If medical treatment is continuous, for instance, it may take some work to estimate the amount of your last medical bill especially if you do not know the extent of your treatment will be and how long it will take to recover from your injuries. In addition, it is often difficult for non-lawyers to put a price on ambiguous intangible losses such as pain and suffering or emotional stress.

Calculation of loss of earning capacity can be another obstacle for some San Antonio law firms but not the San Antonio personal injury attorneys at Grossman Law Offices. Damages for loss of earning capacity are there to compensate the claimant for the salary he or she will not be able to earn going forward due to the inability to resume work after an accident. Calculation of this loss of earning capacity is not as simple as taking the latest annual salary and multiplying it by life expectancy. You should consider factors such as cost of bonuses, promotions and raises, which you would have earned if you had not been a victim and you could continue working. The San Antonio personal injury attorneys at Grossman Law Offices will take into account all the losses and calculate all the damages properly. We also know what evidence is needed to prove these damages.

General Damages and Special Damages.

General damages may include physical pain and suffering, loss of consortium, physical disfigurement, mental anguish, and more, depending on the specific types of damages you incurred. General damages are often highly subjective, which means you'll probably need the experience of experienced San Antonio personal injury attorneys like the ones at Grossman Law Offices in order to accurately calculate the general damages. General damages are subjective because of the unique circumstances of each case of injury. For example, when a fireman rescues a child from a burning home, the two of them may suffer the same amount of burns. But the fact is the firefighter suffered minor emotional distress compared to the child, since a fireman is prepared to suffer an injury in the course of his work. In other words, the injured child is likely to be entitled to more overall general damages due to an increased amount of emotional distress.

Special damages, are somewhat easier to estimate, because a specific amount financial often already exists. But not always. For example, specific damages sought for medical expenses, past and future legal fees, property damage, repair or rehab costs, loss of earnings or lost earning capacity are not hard to figure up. Seeking special damages is important in a case of personal injury claims because damages may be utilized to pay the bills that an injured person may have already received. But not all special damages are really as simple as medical bills. For example, the loss of future earnings are for the current salary of an injured worker, multiplied by the number of years that he could reasonably have continued to work had he not had a debilitating injury. However, such a basis of calculation does not take into account likely raises or promotions, other missed opportunities, which the San Antonio personal injury attorneys at Grossman Law Offices can figure out in a way that a jury understands and accepts.

Both general damages and special damages may be sought in an injury claim in a San Antonio claim. When the San Antonio personal injury attorneys at Grossman Law Offices take on a personal injury case, we will formulate a detailed, comprehensive and evidence-based list of your damages and make a request packet to send to the defendant or his insurer, so that they are aware of the extent of the compensation we are asking for. Ensuring that all of your general and special damages are faithfully calculated, we will work to see that you get fair compensation for your injuries.

If You Have Been Injured In An Accident In San Antonio, Contact Grossman Law Offices

Many have attempted representing themselves in a personal injury claim and they were left with less than they were entitled to or they had their cases thrown out of court. Often they were not aware of the essential elements of information or certain processes. Knowing the law is only half the story. You have to be able to expertly apply the law and understand court procedures. Personal injury cases are not built on speculation and good intentions, but evidence.

Individuals will not have the legal or investigative resources of experienced San Antonio personal injury attorneys. In addition, the reputation of the lawyer often goes a long way to help the client, as a lawyer with extensive experience with a renowned reputation can press the defendant to settle. Many insurance companies and defense lawyers are familiar with the San Antonio personal injury attorneys at Grossman Law Offices, and often provide our customers with out of court settlement rather than meet our lawyers in court.

Contact us at 1-855-393-0000 (toll free) for free legal advice about your situation. With 20 years experience in personal injury cases Texas, Michael Grossman and the San Antonio personal injury attorneys at Grossman Law Offices are ready to help you seek compensation for your loss from all responsible parties. Contact the San Antonio personal injury attorneys at Grossman Law Offices and let us get to work for you.