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The San Antonio Personal Injury Lawyers at Grossman Law Offices Explain Personal Injury Actions
There may be many different questions in your mind after an accident resulting in injury. These may include:
- Who is responsible for my injury?
- How did this incident happen?
- Who was the person or entity at fault?
- How will I pay my medical bills?
- What of the money I'm losing while not able to work?
- What are my rights in this situation?
- Could experienced San Antonio personal injury lawyers help me out?
These questions are normal, and the San Antonio personal injury attorneys at Grossman Law Offices want to give answers that can help you make an informed decision about whether or not to file a personal injury lawsuit to seek compensation for your injury.
There are some factors to consider before filing a lawsuit against a negligent party, and there are some difficulties that can often arise in Texas injury accident cases. After reading the article below for information, you will be better able to make an informed decision regarding your next legal steps. If you still do not know if your personal injury case has merit, Michael Grossman and his San Antonio personal injury lawyers provide free legal consultations through which you can receive answers that apply specifically to your case.
The Basics Of Personal Injury Claims In Texas
Personal injury is part of civil law. The victim, who is also known as a plaintiff, in a personal injury case, files against the liable party, who is also known as the defendant. The plaintiff must bring the lawsuit. An injured victim cannot simply wait for reasonable compensation to be provided to them. A plaintiff must seek legal means to compel a liable party to provide compensation for the damages they have incurred as a result of an injury accident. The legal representative of the victim must be able to demonstrate that the charge of negligently causing injury is true and that the plaintiff is entitled to damages. Damages is a legal term for financial losses suffered by the victim when they receive injuries of some sort. For example, damages may cover medical bills, lost wages due to work loss, pain and suffering, legal fees, or other economic losses that occurred as a result of an accident.
Furthermore, the defendant has to be proven to be the proximate cause of the victim’s injury. Causation simply means that the defendant has performed some kind of negligence that caused or contributed to the injury accident. While some accidents can have only one cause, a lot of accidents are often the result of a number of factors involving multiple parties, all of whom may be a defendant in a personal injury case in San Antonio, TX. For example, drunk driving accidents are the result of a drunk driver, but may also be the result of a San Antonio bartender who over-served the driver. The bar can be held partially liable for the drunk driving accident since their negligence occurred in providing too much alcohol to a patron and allowing the driver drunk on the street. Otherwise, the drunk driving accident probably would not have happened. Where several responsible parties are involved in a personal injury case, it may be decisive for the outcome of the case for the experienced San Antonio personal injury lawyers at Grossman Law Offices to be on your side, as a unique case must be built against each defendant. In addition, it is important to identify all parties responsible for an accident as each party will be responsible for their proportion of the remuneration payable to an injured victim.
The Three Elements Of Texas Personal Injury Accident Cases
As the three-legged stool, Texas personal injury lawsuits must have these three elements proven:
These requirements can vary depending on the circumstances of the accident and the relationships between the entities in the accident. For example, a doctor can cut you if you have agreed to surgery. The doctor cannot cut you if you're in line waiting for a bus. Even if the damage is the same, the circumstances and relationships are very different. In personal injury cases, a legal duty must exist between the defendant and the plaintiff. This legal duty must have subsequently been violated through the negligent behavior of a defendant.
The plaintiff incurred damages, i.e. financial loss, as a result of the injury accident. Damages can include medical bills, property damage costs, lost wages, lost earning potential, compensation for pain and suffering, and other issues dependent on the extent and type of injuries suffered by a plaintiff. If a plaintiff does not incur damages, a San Antonio personal injury lawsuit cannot be brought against a negligent party.
The objective of a personal injury case is that the plaintiff may be awarded reasonable compensation from the defendant for financial losses that the plaintiff incurred. In other words, if the injury dos not involve any financial loss, compensation would not be necessary for the plaintiff.
The defendant must be solvent. This means that the accused should have the financial means to pay compensation that is asked of them. If the defendant is without financial resources to cover an eventual successful outcome for the plaintiff, a trial would be pointless.
Michael Grossman and his team of San Antonio personal injury lawyers will help you build a strong case that contains these necessary elements. With two decades of experience in tort law in Texas, Michael Grossman is one of the San Antonio personal injury lawyers truly able to evaluate a legal obligation, to show harm, and then get to the truth about the financial solvency of the defendant.
The Challenges In Texas Personal Injury Litigation
Some challenges can be predicted in personal injury accident cases. Injury experts, defense attorneys and insurance companies are often concerned about trying to save money rather than trying to help an injured victim. These adjusters try to use different tactics so that a claim can be denied or significantly reduced. Because we have worked with personal injury claims for two decades, we are familiar with the tactics and methods that are often used by aggressive insurance adjusters. Faced with such opposition, we do everything possible to examine the financial situation of the defendant, which often leads to identification of financial information which may have been deliberately buried. In other words, we will work hard to protect your rights so that a negligent party cannot turn to unethical behavior in order to skirt responsibility for their own accident.
Defense lawyers and adjusters also try to reduce claims by arguing that your damages were not as much as you say, which means that the damages paid would be smaller. Photographic evidence and other documents are available that may suggest that you are not in as much pain as you claim. However, the San Antonio personal injury lawyers at Grossman Law Offices have built a strategy for fighting these defense tactics and we can demonstrate for a jury the full extent of your injuries despite their claims. This package of tactics may include the application of testimony from medical or healthcare professionals familiar with your injury or problem, estimates of lost wages, medical expenses, loss of earning capacity, or property damage that you may have suffered because of your injuries. We also refer the jury to previous cases similar to yours that can help show why such compensation is justified.
Finally, the estimated liability and the fullness of damages in San Antonio personal injury cases can often be difficult to assign, especially if there are a number of liable parties involved in an accident, or if it involves very technical matters, such as medical malpractice. In these cases, the police or other investigative agencies will examine the scene of an accident. In conjunction with their findings, we will conduct our own investigation on your behalf. While these types of investigations are useful for certain reasons, other attorneys rarely use them as fully and as much as we do. Michael Grossman and his team of San Antonio personal injury lawyers can use our experience in investigations to identify all of the liable parties and to get expert assistance in technical matters.
We will make every effort to fully convey the scope of your damages as soon as their total cost is known. With 20 years of experience in accident investigation, we are willing and able to share our experience so that you can seek to be fully compensated by all responsible parties.
Can I Represent Myself In a San Antonio Personal Injury Case?
Self-representation rarely leads to anything other than hours of wasted time and an unfulfilling outcome. Despite everything you've seen on television or in movies, self-representation seldom ends well. Unfortunately, that does not stop some people from believing they can successfully navigate the legal waters of a personal injury case. Some people may try to self-represent out of a desire to save money or somehow increase their settlement package; others may think they have a relatively strong understanding of the laws surrounding their case. In the vast majority of cases, neither motivation often results in a good outcome for a self-represented plaintiff. If such a claimant may actually have a clear understanding of the law in relation to their injury, they quite often simply do not have the experience to build a robust legal offense.
Experience is often a key. For example, understanding the result of good technique in a court setting and how to respond to requests that the defense makes can be of vital importance in a particular case. Furthermore, having no experience in showing damages, i.e. to justify the amount of compensation sought, means the plaintiff who is self-representing runs the risk of losing a significant amount of compensation that may be necessary to ensure their future financial well-being.
Finally, we propose the following example as a grim warning against those who prefer to imagine they could do as well as an experienced San Antonio personal injury lawyer. A victim had incurred approximately $70,000 of damages in a traffic accident. The details of his personal injury case would have lent to the creation of a strong lawsuit in his name, but he decided to try to negotiate with his insurance company by himself. After several months had passed, he was offered $3,000 from his insurer. After receiving such an offer, he contacted our law firm to see what could be done, and informed us about how we could help. Wary of legal fees that could reduce the amount of compensation he might receive, he decided to continue to stand against the insurer alone. His thinking may have been that the insurer would capitulate to his demands when he threatened a lawsuit.
However, the truth of these questions is that insurance companies do not fear lawsuits against them from non-lawyers or lawyers whom they have never heard of before. Insurance companies are quite often preparing for legal proceedings and claims, and have well-trained, highly experienced experts and defense lawyers in the ready to vigorously defend their interests. In the real-life example cited above, the defense counsel at trial presented a list of admissions to the plaintiff. He did not know how to react to the list, and may not even have known that reacting was necessary. A motion for summary judgment was called after the defense had not received a response to the list of admissions. The judge dismissed the case, causing the man to receive nothing in compensation for his accident.
Contact the San Antonio Personal Injury Lawyers At Grossman Law Offices
The challenges mentioned in this article are not intended to prevent you from seeking redress for your injuries. They are cited as obstacles often encountered in Texas cases, but since we have been overcoming such obstacles for two decades, the San Antonio personal injury lawyers who work for Grossman Law Offices are trained to help you seek full compensation that is fair for your injuries. Over the past 20 years, we have developed a reputation among both insurers and defense lawyers as we have fought for the rights of our clients. Consequently, these firms and lawyers often work with us to find a mutually acceptable solution, which means you could benefit from being fairly compensated for your injury without having to set foot in a courtroom. These regulations are often available because these companies and their lawyers know what the possible outcome of a lawsuit can be if Grossman Law Offices represents the plaintiff. With two decades of experience in personal injury law in Texas, Michael Grossman has the knowledge, experience, and reputation that can help an injured victim seek full compensation.
However, if your personal injury case requires a trial, you can be sure we will be as willing to defend your rights in this context as well. Contact the San Antonio personal injury lawyers at Grossman Law Offices. We offer you a free legal consultation at 1-855-393-0000 (toll free) so you can start the legal proceedings to seek compensation for your injuries.
Some of Our Most Recent Successful Cases
$40,000.00 Recovery - Medical Malpractice (Sexual Harassment by a Medical Provider)
Recovery for client who was sexually harassed by a medical provider.
Recovery for client who was sexually harassed by a medical provider.
Total Recovery:
$40,000.00
$40,000.00
Attorney Fees:
$16,000.00
$16,000.00
Litigation Expenses:
$575.00
$575.00
$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
$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
$70,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries to Neck, Back, and Knee)
Recovered for car accident victim who suffered soft-tissue injuries to knee, neck, and back.
Recovered for car accident victim who suffered soft-tissue injuries to knee, neck, and back.
Total Recovery:
$70,000.00
$70,000.00
Attorney Fees:
$23,100.00
$23,100.00
Litigation Expenses:
$600.00
$600.00
$41,500.00 Recovery - Automobile Accident (Soft-Tissue Neck Injuries)
Recovery for client who suffered soft tissue neck injuries in a relatively minor car accident.
Recovery for client who suffered soft tissue neck injuries in a relatively minor car accident.
Total Recovery:
$41,500.00
$41,500.00
Attorney Fees:
$16,600.00
$16,600.00
Litigation Expenses:
$918.00
$918.00
$93,000.00 Recovery - Motorcycle Accident (Soft-Tissue Injuries and Abrasions)
Recovered for victim of motorcycle accident who suffered soft tissue injuries and abrasions.
Recovered for victim of motorcycle accident who suffered soft tissue injuries and abrasions.
Total Recovery:
$93,000.00
$93,000.00
Attorney Fees:
$31,000.00
$31,000.00
Litigation Expenses:
$181.00
$181.00
$100,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for client injured in a car accident in Dallas.
Recovery for client injured in a car accident in Dallas.
Total Recovery:
$100,000.00
$100,000.00
Attorney Fees:
$33,000.00
$33,000.00
Litigation Expenses:
$100.00
$100.00
$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.
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
$337,500.00
Attorney Fees:
$134,000.00
$134,000.00
Litigation Expenses:
$3,750.00
$3,750.00
$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
$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



