San Antonio Semi-Truck Wrongful Death

San Antonio, Texas Wrongful Death Lawyer Michael Grossman Discusses Fatal 18-Wheeler Accidents

Losing someone in your family in a fatal truck accident is a devastating experience, and often leaves family members wondering how to seek justice. You are probably wondering whether or not you need to hire an experienced truck accident attorney.

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In truth, truck accident cases are extremely complex, and are typically completely overwhelming for those without extensive experience. Fatal truck accidents are even more complex. Non-attorneys have virtually no chance of success if they choose to represent themselves in a wrongful death claim.

People often make the mistake of thinking that truck accidents are exactly like car accidents from a legal standpoint, except that the damages are bigger. It is certainly true that damages caused in truck accidents are usually much higher than those caused by car accidents. But litigating a wrongful death claim in a truck accident case is not at all like litigating such a claim in a car accident case. Truck accident litigation requires a different set of skills, and the opposition that you will be facing will be much fiercer. However, experienced San Antonio wrongful death attorney Michael Grossman from Grossman Law Offices has the experience necessary to help your family seek justice after a fatal truck accident. He is here now to illustrate what you will be facing, what sort of damages you can recover, and how our law firm can help you.


Damages in Fatal Truck Accidents Lawsuits

In a typical wrongful death lawsuit, you will be seeking compensation for two different types of damages: survival damages and wrongful death damages. Survival damages are those damages for which the victim could have sought compensation if he or she had survived the accident, whereas wrongful death damages compensate the plaintiff for damages caused to the plaintiff by the loss of a family member. In general, survival damages include:

  • Compensation for medical expenses incurred prior to the victim’s death
  • Compensation for lost wages from any time spent in the hospital, in addition to lost earning capacity due to long-term injuries
  • Compensation for physical pain and suffering
  • Compensation for mental and emotional stress caused by the accident

Wrongful death damages, on the other hand, typically include:

  • Compensation for any medical expenses and funeral expenses due to the accident
  • Compensation for the loss of economic support previously given by the victim
  • Compensation for the mental and emotional turmoil associated with losing a loved one
  • Compensation for loss of companionship

It goes without saying that no amount of money is truly fair compensation for losing someone you love. However, losing a family member can put severe financial strain on a family, in addition to the mental and emotional distress caused by such a loss. Most families need some sort of financial compensation in order to get back on their feet after such an incident. San Antonio fatal 18 wheeler accident attorney Michael Grossman is dedicated to making sure that you and your family receive the compensation you need.

However, calculating the extent of damages in a wrongful death claim is a complex process, partially due to the subjective nature of damages such as emotional stress. Wrongful death damages and survival damages are sought in separate claims, but a comprehensive wrongful death suit must include both. Furthermore, fatal truck accidents often involving two or more potential defendants. Your case must have comprehensive claims filed against each of these defendants, with a list of damages assigned to each party. In many cases, each defendant must be addressed using specific legal tactics. In other words, even determining damages is a technical, complex process – never mind actually litigating a case in a court room. However, our attorneys know how to build a comprehensive case that includes all the damages for which you should receive compensation, and addresses every potential defendant. Let Grossman Law Offices make sure that you have a strong, comprehensive case.

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Commercial Insurance Carriers and their Insurance Adjusters

Trucking companies receive insurance coverage from commercial insurance carriers. In general, the commercial insurance policies that cover trucking companies are 50 times more valuable than a standard passenger vehicle insurance policy. Particularly in wrongful death cases, there is a lot of money at stake for these insurance carriers, and they will go to great lengths to avoid paying you what you deserve. In all likelihood, a senior insurance adjuster will be assigned to your case. This adjuster will have years of experience, and will have denied hundreds of insurance claims just like yours. In most cases, insurance adjusters seem very cooperative at first, simply asking you questions about your loved one or the accident.

They may not seem like they are working against you at this point, but they are. They are likely attempting to get you to say something that they can use against you in court. They may hammer you with questions, and then repeat your answers back to you. But they have probably slightly altered what you said in such a way that you damage your claim by agreeing with them. Most people do not even realize that this happened until it is too late. Insurance adjusters are very skilled at seeming friendly, while simultaneously luring you into damaging your own case. Do not let this happen to you. Let our legal professionals speak to insurance adjusters on your behalf. We know every trick they have, and we can ensure that your negotiations with insurance adjusters do not put your case at risk.


The Trucking Companies Team of Defense Lawyers and Accident Recreation Specialists

In all likelihood, the trucking company will know about your loved one’s accident before you do. Before the truck driver is even allowed to leave the scene, a team of defense attorneys and accident recreation experts employed by the trucking company will be combing the scene for evidence to use against your loved one in court. They will be looking for physical evidence, witness statements, or anything else they can use to argue that the accident was caused by your family member. The truck driver will probably be working against you as well, since his or her career likely depends on the outcome of this case. This team of experts knows how to investigate a truck accident scene, which means that you need a team of your own.

Whenever Grossman Law Offices takes a case, we move quickly to lockdown the truck so that we can thoroughly investigate the vehicle. We also take witnesses statements, do background checks on the truck driver and his driving record, and gather any other records from the truck that could be relevant to your case. In short, we work hard to determine exactly how your loved one’s accident happened and who is liable. This is necessary in order to build a strong case that proves that your family member was the victim of negligence.


Do I Need to Hire an Attorney?

We hear this question all the time. People often mistakenly think that, if they understand the law, then they can represent themselves in court. They think that they can scare insurance companies into offering them a fair settlement by threatening to file a lawsuit. The truth, however, is that insurance companies are never scared of a lawsuit filed by a non-attorney. Do you know how to respond to a list of admissions? Do you know how to submit a demand packet and what to put in it? Do you know how to prove up damages? If not, then you probably cannot build a strong lawsuit. We have heard of countless people who have tried to represent themselves in court, only to walk away with nothing, because they did not know how to respond to some sort of legal action taken by the trucking company’s defense lawyers.

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Michael Grossman Is Here To Help You

Let experienced San Antonio fatal truck accident attorney Michael Grossman help you build a strong wrongful death lawsuit. Grossman Law Offices has been bringing wrongful death claims against trucking companies for twenty years. We know how to conduct an investigation and build a comprehensive case that overcomes the many challenges presented by trucking accident litigation. We have handled hundreds of high-profile cases. Trucking companies and commercial insurance carriers know how successful our attorneys have been in court. In other words, we can scare them into offering you a fair settlement. They often fully cooperate with our settlement demands because they are afraid to face our lawyers in trial. This means that we can potentially secure a settlement for your family without the hassle of taking a case to trial. We are dedicated to getting you the compensation you need quickly so that you and your family can get on with your lives. If you have lost someone you love due to a trucking company’s negligence, do not let that negligence go unpunished. Contact San Antonio wrongful death lawyer Michael Grossman from Grossman Law Offices today, and let us help you bring those responsible for your loved one’s death to justice.



Some of Our Most Recent Successful Cases

$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 / Workplace Accident
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$550,000.00 Recovery - Wrongful Death / First Party Dram Shop
A young woman lost her life after a bar over served her to more than three times the legal limit resulting in her burning to death in a single-vehicle accident. Witnesses stated that she was so intoxicated that she could barely make it to her vehicle without assistance. Through litigation, our attorneys ascertained the necessary evidence to prove that the establishment provided alcohol to an obviously intoxicated person, thus resulting in her ultimate demise.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$25,000.00
$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
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
$95,035.00 Recovery - Wrongful Death / Automobile Accident
Recovery for the father of a young man who was killed in a car accident.
Total Recovery:
$95,035.00
Attorney Fees:
$31,678.00
Litigation Expenses:
$25.00
$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
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
Confidential Recovery - Wrongful Death / Premises Liability
Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man's death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$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