Auto Accident Wrongful Death in San Antonio

Michael Grossman, Wrongful Death Lawyer in San Antonio TX, Discusses Fatal Car Accidents

If you have lost a family member in a fatal car accident, you probably have many questions. How did this accident happen? Who was responsible? How do I file an insurance claim? Can I file a wrongful death claim? Do I need help from an experienced lawyer?

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Many families wish to seek justice after fatal car accidents, but few of them realize how complex and technical this task is. Car accident cases that simply cause injuries are difficult enough for non-attorneys. But fatal car accident cases can be completely overwhelming for those without sufficient experience. However, experienced San Antonio wrongful death attorney Michael Grossman from Grossman Law Offices has years of experience with fatal car accident cases, and he can help you and your family seek justice and fair compensation.


What Damages am I Entitled to in a Wrongful Death Lawsuit?

It goes without saying that no amount of money will be able to truly compensate you and your family for the loss of someone you love. However, in addition to the intense emotional pain, losing a family member can present severe financial difficulties. Your family needs a fair settlement in order to get back on its feet, and the legal professionals at Grossman Law Offices are dedicated to making sure that you get it. In a typical wrongful death case, there are two main types of damages: wrongful death damages and survival damages.

Wrongful death damages provide compensation to the plaintiff for his or her loss caused by the victim’s death, while survival damages provide compensation for the damages for which the victim could have sued if he or she had survived the fatal accident. Wrongful death damages typically include:

  • Compensation for mental and emotional turmoil caused by the death of a loved one
  • Compensation for the loss of companionship
  • Compensation for loss of financial support and income from the family member
  • Compensation for funeral expenses and any medical expenses caused by the accident prior to the victim’s death

Survival damages, on the other hand, include:

  • Compensation for lost wages due to any time spent in the hospital
  • Compensation for lost income potential
  • Compensation for medical expenses
  • Compensation for physical pain and suffering
  • Compensation for mental and emotional stress

Any comprehensive wrongful death lawsuit will include claims for both wrongful death damages and survival damages. Each of these claims is built using specific legal techniques and strategies, and they must each meet separate conditions if you are to have a strong case. Build a strong case, even before taking it to the court room, is a complex process. Michael Grossman can help you ensure that your lawsuit is comprehensive, and brings strong claims against every liable party. Our legal professionals will do everything in their power to make sure that you receive the compensation you need.


Do I Need to Hire an Attorney to File a Wrongful Death Lawsuit?

In virtually all cases, plaintiffs would be better served if they would hire an experienced attorney. It is a common misconception that knowing the law is of any real use when it comes time to argue your case and negotiate with insurance adjusters. Experience plays a much more vital role in this task. A number of different warning signs could indicate that your case is going to be more difficult than you might think. Some of these warning signs include:

  • The other driver or drivers involved in the accident are not cooperating with you
  • The other driver or drivers do not have insurance
  • The other driver or drivers are covered by an insurance company you have never heard of
  • You have been offered a settlement by an insurance company which does not seem adequate compensation for losing someone you love
  • You have been offered a small claim in exchange for signing away your rights to sue
  • Insurance adjusters are hammering you with questions, wishing to record your statements

In theory, insurance should work like this: your insurance company estimates the damages resulting from your loved one’s accident. The insurance company then offers you and your family a settlement that fairly compensates you for your loss. However, damages in fatal car accidents are often extremely large, and insurance companies will do everything they can to avoid paying for them. In virtually every single case, the insurance adjuster assigned to your case is working against you. Many people do not realize that this is the case until it is too late, and they do not seek an attorney until after they have already irreparably damaged their case. Insurance adjusters have recently even begun acting friendly and cooperative in order to make you believe that they are on your side. Do not fall for these tricks.

Particularly unscrupulous insurance adjusters will attempt to get you to sign away your rights as quickly as possible after the accident, possibly while you are still in shock over the death of a family member and before you have had a chance to speak to an attorney. They usually know about your loved one’s death before you do, and may even be waiting at the accident scene to bombard you with questions and ask for statements. We have heard countless stories of victims signing away their rights to sue before they realize what they are doing. Do not let this happen to you. The attorneys at Grossman Law Offices can help you avoid the many common pitfalls in wrongful death claims so that you can bring those responsible to justice.

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San Antonio Fatal Car Accident Attorney Michael Grossman Is Here For You

As mentioned earlier, knowing the law is not enough to file a successful wrongful death claim. Victims of car accidents and their families often mistakenly think that, if they threaten to file a lawsuit, that their insurance company will be frightened into offering them an adequate settlement. But the truth is that non-attorneys simply cannot file a strong lawsuit on their own. Do you know how to respond to a list of admissions? Do you know how to prove up damages? Do you know what goes into a demand packet? If not, then your insurance company would likely beg you to file a lawsuit against them, because you would simply have no chance of winning and the insurance company would not have to pay you a thing.

However, the attorneys at Grossman Law Offices can frighten insurance companies into offering you an adequate settlement. Michael Grossman has been practicing car accident law for twenty years, and he has successfully investigated and litigated hundreds of high-profile fatal car accidents. We have won high-profile cases against every major insurance carrier in the country. These insurance carriers are aware of our successful track record, and they often offer our clients sizable settlements once they learn that we are on their side. They simply do not want to face our attorneys in court. This means that we can often secure a settlement for our clients without the hassle of taking a case to trial.

Whenever Grossman Law Offices accepts a case, our attorneys conduct a thorough investigation of the accident scene and determine how the accident occurred. We make sure that our case is comprehensive and covers all possible liable parties. We make sure that you understand how your case is going every step of the way, so that you can make the best decision for you and your family. We are dedicated to helping you seek the justice you deserve and the compensation you need to get back on your feet. So if you have lost a loved one in a fatal car accident, do not let those responsible go unpunished. Contact San Antonio wrongful death lawyer Michael Grossman from Grossman Law Offices today for a free consultation.


Some of Our Most Recent Successful Cases
$300,000.00 Recovery - Wrongful Death / Third Party Dram Shop
(policy limits) An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle's occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.
Total Recovery:
$300,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$0.00
$400,000.00 Recovery - Wrongful Death / Medical Malpractice
A young handicapped woman lost her life when a long-term care facility failed to provide her with treatment for obvious symptoms of severe illness. The defendants maintained that there were no outwardly visible signs of illness. The medical evidence showed otherwise. The case was successfully resolved through litigation, though damages caps imposed by tort reform were a factor.
Total Recovery:
$400,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$25,000.00
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman's life soon thereafter.

The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.

Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant, and is currently ongoing.
Total Recovery:
$250,000.00
Attorney Fees:
$78,000.00
Litigation Expenses:
$370.00
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00
Confidential Recovery - Wrongful Death / Automobile Accident
(policy limits) Our firm was hired to pursue an intoxicated driver who killed an elderly school crossing guard. The fatal accident occurred as the decedent was escorting a woman and her child across the roadway through a crosswalk. The defendant then sped through the school zone, in an intoxicated a state, and struck the decedent who died on the scene.

The family hired our firm to investigate and pursue the defendant under a wrongful death cause of action. Following our investigation and preliminary vehicle inspection, our attorneys issued a Stowers' demand to the defendants. A significant factor in resolving this claim is that merely days before we submitted our demand to the defendant' insurance carrier, we won a large case against the very same insurance carrier, which was one of several such victories secured against the carrier in our firm's history. Our threats of litigation were therefore heeded and the defendants offered policy limits to settle the claim without the need to file suit.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.

Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.

Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
Total Recovery:
$250,000.00
Attorney Fees:
$82,500.00
Litigation Expenses:
$10,000.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our firm was hired by the wife and children of a retired Army Colonel who was killed in an underide 18-wheeler accident. In addition to being a decorated veteran, the decedent worked both professionally and on a voluntary basis to establish numerous learning institutions and vocational programs for at risk youths. The accident occurred as the decedent was traveling on a rural highway when an 18-wheeler failed to yield the right of way and made a rolling stop through a stop sign.

This placed the trailer of the 18-wheeler in a position whereby it blocked the entire roadway and shoulder, leaving the decedent no option but to collide with the trailer. Witnesses on the scene attempted to revive him but to no avail. Furthermore, while two female eye witnesses struggled to pry open the decedent's door to provide emergency care, the truck driver stayed in his truck and offered no assistance. Despite what appeared to be an incredibly apparent case of negligence on behalf of the defendant, defense counsel refused to accept liability resulting in rather lengthy litigation.

The defendants initially denied the claim based on the allegation that the decedent was speeding and the truck driver therefore could not adequately gauge the amount of time he had to pause at the stop sign. The physical evidence contradicted this notion entirely, notwithstanding the fact that even if the decedent had been contributorily negligent, that would not have outweighed the severe degree of negligence on the part of the defendant. Nevertheless, our attorneys were able to conclusively refute this argument based on eye-witness testimony and the testimony from police investigators who calculated the decedent's speed to be precisely at the posted speed limit. In a desperate and largely unprecedented move, the defendants then designated the state as a responsible third party.

Generally speaking, a defendant will often threaten to designate a third party in order to leverage their position but it is rare that such an arbitrary and arguably frivolous designation is actually carried out. However, that is precisely what occurred and the state was thusly incorporated into the lawsuit by the defendants. The basis of the defendant's argument was that the state erected a large street sign that obstructed the truck driver's view of approaching traffic.

Several months of intense litigation were required to before the defendant finally acquiesced in regard to this argument. The argument was finally abandoned by the defendants when in the first mediation our attorneys presented video footage shot (in a controlled setting) from the perspective of an 18-wheeler driver which showed that the sign simply did not obstruct enough of the roadway in order to be a hazard. The case was ultimately resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$1,000,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
(policy limits) A husband and father of three was killed when the driver of an 18-wheeler veered into oncoming traffic, striking the young man's vehicle and several others. The defendant was employed by a small construction company that operated only a single 18-wheeler. As such, the defendants were largely underinsured and were not financially solvent.

Furthermore, the defendants had an eroding insurance policy and numerous other parties were intent upon filing claims of their own since the 18-wheeler struck multiple other vehicles. This created the need for an aggressive and rapid response before the other claimants could erode the policy.

Defense counsel made it clear that they wished to litigate the case despite the insurmountable liability arguments that our attorneys presented. They intended to designate a third party as a responsible defendant since the accident happened in a construction zone, even though it was abundantly clear that the construction zone played no role in the crash.

Additonally, the defendants made it clear that they wished to downplay the extent of the damages by virtue of a character assasination on the decedent. Fortunately for our clients, our firm has successfully litigated against the defendant's insurer in nearly a dozen cases, so the carrier was quite aware of our courtroom capabilities. We presented a sample lawsuit to the defendant's insurance carrier and informed them that the lawsuit was to be filed the moment that they refused to settle.

Additionally, our attorneys submitted a Stowers' Demand with a brief window of time for the defendants to respond. We made it abundantly clear that we intended to seek punitive damages and that we would assert the full limits of the carrier's exposure under the Stowers' Demand should the carrier not offer policy limits.

The defendant's attorney adamantly persuaded the carrier to litigate, however, our attorney's threats of litigation, past track record, and incredibly aggressive pre-litigation actions convinced the insurance carrier to disregard their own attorney's advice and to settle the case, lest they face our attorneys in court.

Had our clients been represented by virtually any other firm who did not have our specific track record or who would have not recognized that this case required special and immediate attention coupled with an abnormally aggressive stance, the client's would have certainly been tied up in litigation for years, with the limited supply of funds rapidly depleting since the other claimants who did not need to litigate would have essentially had right of first refusal.
Total Recovery:
$1,000,000.00
Attorney Fees:
$333,333.00
Litigation Expenses:
$0.00
$625,000.00 Recovery - Wrongful Death / Medical Malpractice
Recovery for family of victim who died after receiving the wrong medication.
Total Recovery:
$625,000.00
Attorney Fees:
$206,250.00
Litigation Expenses:
$5,000.00

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