What Are the Options for Damages in a Semi-Truck Accident?

When we refer to damages, we are referring to the ultimately quantifiable list of financial and emotional losses. This becomes more complicated than you would think, but in the majority of fatal semi-truck accident claims, there are two possible sets of damages the victim’s family can claim. These are damages for wrongful death and survival damages. When we are talking about wrongful death damages, we are talking about the damages resulting from the suffering that the family and the loved ones have incurred following the death of a family member, and the additional losses that come if that person was a wage earner. When we talk about survival damages we are referring to the emotional and financial losses that come after losing a family member, the hospital bills, the wages lost, et cetera.

Wrongful Death Damages

The damages for wrongful death could include compensation for any medical expenses suffered by the victim while they were in the hospital and the funeral expenses resulting from the accident. These are fairly black and white. They will be clearly marked on bills and can be easily presented to a jury. Wrongful death damages also include the loss of the financial support of the deceased as proved by his or her prior support to the loved ones. In cases where the primary wage-earner was the victim of the accident, the losses are particularly acute, seeing as how not only was all of that income lost, but also some current member of the family will have to find a better job, possibly undertake expensive training, and so forth. The severe emotional trauma […]

Get A Smart Attorney For Your Personal Injury Case

Knowing the Law is Only Half the Battle in Winning Against Well-Funded Defendants and Their Insurance Companies

Contrary to what you might think, knowing the law itself is only about 30 percent of the equation that produces a successful personal case. Much like being a successful race car driver or high-fee CPA, most legal triumphs are a direct result of experience, and knowing how to execute the procedures, prove the damages properly and establish a strong tie between the defendant’s actions and the plaintiff/victim’s injuries. Most importantly, however, is being able to convince a jury in your argument, which is how to win a personal injury trial. When it comes to any profession, from race car driver to CPA to personal injury lawyer, experience wins.

Anyone can read a law book. A lot of you know how to read all those “free advice” legal Web sites. Many people are also tenacious negotiators in life and know how to “do deals”. But when it comes to personal injury, someone on your side must know how to apply the law by using the proper procedural methods and other vital skills that only years of experience have honed to a fine edge.

Sadly, a lot of people don’t call an attorney until something happens to make their chances of winning extremely low. We can tell you that those who call us quickly have a much easier time winning their damage claims and cases than those who call us as a last resort, or too much time has passed, or they tried to handle it themselves and botched the thing.

By first-attempting […]

Have You Been Injured in a 3-Wheeler, 4-Wheeler, UTV or ATV Accident in Texas? Our Law Offices Can Help

Every year, thousands of residents enjoy driving in Texas with either their 3-Wheeler, 4-Wheeler, UTV, or ATV. All-Terrain vehicles may seem like a lot of fun to operate, however, there are many risks associated with these types of large vehicles as well.

Around 135,000 accidents and 700 ATV related deaths occur every year in the United States. This figure is according to the latest study done by the Consumer Products Safety Commission.

All-Terrain Vehicles are very large vehicles that can be very dangerous and cause severe injuries to the drivers and passengers of that type of vehicle. The reason why ATV vehicles are so risky to operate is that they lack any adequate safety features on the vehicle in order to protect its drivers and passengers. Some ATV vehicles are designed only for performance needs at the expense of safety precautions. If you or a loved one were injured in an ATV accident, then you may be eligible to file a personal injury lawsuit in order to recover from your injuries associated with the accident. If you or a loved were a victim of an ATV or UTV accident, then know that help is available. Call the experienced personal injury lawyers at our Law Offices today to see what type of litigation you can seek in your all-terrain vehicle accidents that you have experienced. Our attorneys at our Law Offices have 20 years of experience litigating all types of auto accident cases in and other cities in Texas. We have helped numerous families overcome the pain and suffering […]

Insured and Uninsured Defendants

In Texas, and without exception, all drivers must have auto insurance. Several powerful technologies allow law officers to know this important fact instantly, and mete-out “street justice” by immediately towing non-insured vehicles and give them costly tickets. But still, one-in-four drivers remain uninsured. If an insurance company is involved in your case or not, it makes a huge difference in the legal process and the outcome of your claim. But certain conditions surrounding your accident (and compensation) can become intricate, and contentious.

Suppose that both drivers involved in your accident were insured and an insurance company is responsible for compensating you for your injuries. Coverage is generally good news for you because it usually means there will be some amount of money available to compensate you for your losses if you’re successful in bringing your claim. And yet, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle, and the insurance policy may not fully reimburse you for your losses if your accident was especially severe. Additionally, just because there is money theoretically available under an insurance policy to compensate you doesn’t mean that that compensation check is easy to come by. Anyone who has carried minimum coverage understands that some companies pay better (meaning quicker) than others. And some, with claimants as well as customers in-general, aren’t generally very responsive to any process other than taking in premiums. In just about any accident case where an insurance company is involved, it means that you’ll be up against aggressive adjusters, accident recreation specialists, defense attorneys, and investigators who all work to see that you lose. Visit this website @

Personal Injury Lawyers » How a Release Works

The Legal Ramifications of Signing a Release

In every personal injury case that we settle, our clients will eventually sign a release that will release the defendant from any future financial obligations. When properly evaluated and endorsed by your attorney, signing a release is a fairly innocuous event that should signify the conclusion to your former legal troubles.

However, for those that are not represented by an attorney, signing a release can, in fact, be the beginning of their legal troubles. In this article, we explain precisely what a release is, consequences of signing, and common concerns that must be taken into consideration before signing a release.

Dangers of Signing a Release

There are several concerns that must be addressed prior to signing a release and those who are not represented by a competent attorney can fall victim to these pitfalls.

1) Is The Release Equitable and Sufficient to Cover Your Costs?

When you sign a release, you are forever relinquishing your right to sue the defendant regarding this claim. Before making this exchange you should talk to an attorney to make sure it is a good idea to release the defendant from all future liability regarding this claim and that the settlement amount is enough to compensate you for your damages.

We have had clients who signed a release believing that it was equitable and sufficient to compensate them for their injuries. However, it was revealed that the injuries were worse than they appeared at first and that more money would be needed for future medical expenses, but since the client signed the release they were not able to get compensation for these […]

The Attorneys at our Law Offices Discuss Mediating a Personal Injury Lawsuit in Texas

In the movies and on television, the practice of law is usually done in courtrooms with a charismatic lawyer screaming out “Objection, Your Honor!” In reality, many methods exist to resolve a case and most are far less complex and stressful than taking the case to court. An expert personal injury lawyer begins preparing his or her case as soon as he or she takes it, but the purpose of building a strong case is not to go to court, but to force the defendant or their insurer to reach a fair settlement without going to trial.

While an assertive attorney is never afraid to take the matter to court, most commonly, the best way to settle a case is through mediation.

If you have suffered a personal injury, mediation may be the best venue for you to seek restitution. Texas attorney and his team of lawyers at our Law Offices are here to explain mediation to you and help you decide if it’s the best option for settling your personal injury claim.

What is Mediation?

Mediation is designed to cut down on the amount of litigation by permitting attorneys for both the victim (plaintiff) and defendant to meet personally with an unbiased third party and see if the case can be resolved without going to trial. Both sides have the opportunity to present the evidence that would use in court, if the case comes to that.

Generally, the two parties in a lawsuit agree to mediation after the suit has been filed but before the trial is scheduled to begin. Both parties are […]

Intervening Causes in Personal Injury Cases

Houston Personal Injury Lawyers » Intervening Causes in Personal Injury Cases

What is an Intervening Cause in Relation to a Personal Injury Claim or Lawsuit?

One of the elements of proving negligence in a personal injury claim is causation. To be awarded damages, the plaintiff must prove that the defendant had a duty of care, he breached that duty, the victim suffered damages, and those damages were directly caused by the defendant’s actions.

The defendant can only be held liable for the plaintiff’s injuries if the defendant’s actions were the direct cause of the victim’s injuries. This means that a direct link must exist between the defendant’s actions and the injury. Occasionally, the defendant will be able to assert an affirmative defense such as an intervening cause. An intervening cause may absolve the defendant from liability; however, it typically will not absolve the defendant on the sole argument that it is an intervening cause.

What is an Intervening Cause?

Generally, an intervening cause breaks the link between the defendant’s action and the injury caused. There are several requirements that must be satisfied before an event can be labeled an intervening cause. To be classified as an intervening cause the event must have occurred after the defendant’s negligent action, but before the victim’s injury occurred. Additionally, this intervening cause must have actually caused the injury. If all these elements are met, the event can be deemed an intervening cause by the court and relinquish the defense from liability. For example, say you own a restaurant that is occasionally run by a generator located in the back alley. You spill gasoline while trying […]

Are the Roads Safe For Bicyclists

Despite efforts by many bicycle organizations and government agencies, a considerable amount of work must still be done to make roads and streets safe for cyclists. A study conducted by the Insurance Institute for Highway Safety (IIHS) revealed that hundreds of U.S. cyclists are killed in crashes with motor vehicles. Sadly, almost 91 percent of cyclists killed were not wearing a helmet. According to the IIHS, helmet use has been estimated to reduce the risk of head injuries by 85 percent. The IIHS also reports death among cyclists 16 and older increased in recent years, while death among cyclists younger than 16 declined significantly. Adults between the ages of 35 and 54 represented almost 40 percent of all bicycle collision fatalities in the state, reports the Metropolitan Transportation Commission.

If you or a loved one has been injured in a bicycle accident, it is within your best interest to speak to a personal injury lawyer as soon as possible. Our bicycle accident lawyers understand how devastating an unexpected injury can be. If the bicycle crash injury was caused by the negligent or careless actions of another, you may be entitled to financial compensation. Our firm has helped clients obtain compensation for medical costs, lost wages, lost benefits, disfigurement, shortened life expectancy, and pain and suffering.

Causes of Bicycle Accidents

In most studies, driver negligence has been shown to be the most common cause of accidents involving a cyclist. Common negligent or careless actions by a motor vehicle driver, include:

Backing out before checking mirrors
Inattentiveness
Aggressiveness
Use of drugs or alcohol
Unsafe left hand turns
Failing to yield the right of way
Driving through a stop sign […]

Injuries Caused by Automobile Defects

San Antonio Personal Injury Lawyers » Injuries Caused by Automobile Defects

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General Overview of Injuries and Death Caused by Automobile Defects and the Failure of Car Safety Features

For over 2 decades, our law firm has represented clients in the San Antonio area that have been injured in automobile accidents. Many of the accidents were the result of the automobile being defective. Automobile defects can occur in many different ways. This article will provide an overview on the common types of automobile defects.

Air bags

In recent years, air bags have been a common defect in automobiles. Air bags are known to cause serious injuries or even death. However, air bags are never known to be defective until you are involved in an accident and then they fail to deploy or they deploy improperly. When air bags were designed for the automobile, they were designed to minimize the impact of the accident and to protect your body from being crushed into the steering wheel. But apparently, this wasn’t happening.

During the making of the air bag, no one considered that many people sit closer to the steering wheel while they drive or that children sit in the front seat. So when or if the air bag did deploy, the impact was 10 times worse and adults were suffering head and chest damages and children were instantly being killed. Due to the increase of accidents caused by the defective air bags, children are no longer allowed to sit in the front seat until they research a certain age.

Tires

We all know that tires are one of the most […]

San Antonio Personal Injury Lawyers » How to File a Personal Injury Case

The Process of Filing a Personal Injury Case in San Antonio Texas

The people in San Antonio and the surrounding areas have access to great hospitals and some of the best medical care in the nation. The school system is also highly regarded as one of the best districts in Texas and has schools which are recognized as being some of the best public and private schools in the country.

With a large population, and numerous businesses and institutions, San Antonio is also home to thousands of personal injury accidents every year. If you have been injured due to the negligence of another person, whether it is caused by a careless doctor or a reckless driver, you may be entitled to damages and our attorneys at Grossman Law Offices may be able to assist you in filing your personal injury claim.

Who is Responsible for My Injuries?

The first major obstacle you will face when filing a personal injury claim is determining who is at fault for your injury. While this can sometimes be fairly obvious, in many cases it is an incredibly complex question that of which our attorneys can help you assess.

If you are sitting at a stop light on Ewing Street and you are rear-ended by a car behind you who negligently failed to stop because they were texting on their cell phone, then that person is obviously the responsible defendant. Other times it is not directly clear who is responsible for your injury.

For example, let’s say that the same situation occurred […]