
Texarkana Accident Attorney Michael Grossman on Your Legal Options After a Car Crash in Texas
Texarkana vehicle accident attorney Michael Grossman would like to aid if you’ve been harmed in a motor vehicle accident. It is probable you have incurred health care bills, loss of income and pain and anguish as a result of your disability, and you may have to bring a personal injury claim to get compensation for the damage done to you.
You may, however, and will very probably need the help of a knowledgeable Texarkana vehicle accident attorney to earn proper compensation. Most cases of motor vehicle accidents may be much more complex than they look at first, especially when the demand for compensation for personal injury is present.
Grossman Law Offices has handled legal action related to personal injury in motor vehicle accidents for two decades, and our firm wants to give you some introductory information so you may better understand the legal process of seeking compensation, and the challenges that probably stand in your way. Our firm wants to aid and educate you about your rights, so you may make the best choice for you and your family. However, this information is in no way a substitute for legal advice from a real lawyer who is familiar with the particulars of your case. As such, our lawyers are just a toll free phone call to 1-855-239-1290. The consultation with a Texarkana vehicle accident attorney is absolutely free.
You May Do It Yourself, But You Should Not
It is not a sensible idea to represent you even though it is legal. You may think you know the laws in their particular case, and if not you may certainly learn them rapidly using an Internet search engine. However, the mere knowledge of the laws in your particular case is not enough time to prepare the process of a case. Sole years of training and knowledge in court of law may teach lawyers familiar with the procedure required and the ability to design a strategy for success in a claim. In addition to knowing the law, they must be able to apply the law. A successful attorney must be able to consider the reports of witnesses, and monitor the process. Not knowing procedure leads to getting your case thrown out of court of law. In addition, our extensive knowledge and professional success and reputation as knowledgeable, winning Texarkana vehicle accident attorneys will increase the likelihood of a settlement without trial.
Do You Have A Personal Injury Claim From Your Motor vehicle Accident?
There are three required parts of any claim of personal injury:
- A physical injury, mental or emotional was the cause of to the victim.
- Another party was the cause of the injury to the victim. In most cases of vehicle accidents, this means that negligence was the cause of the accident or contributed to the cause of it by any act or omission that was dangerous. The victim has incurred financial losses, which are called the damages, following a crash.
The purpose of the personal injury case is to compensate the victim, who is also known to the plaintiff for the damage he has a continuing basis
In order to have lawful personal injury claims, all three conditions have to be met. If you have questions about whether or not there is cause for a personal injury claim for you, then contact a Texarkana vehicle accident attorney toll free at 1-855-239-1290 (toll free) and get a free consultation. Our firm can rapidly judge if you have a lawful and legal right and explain you where you are legally in terms of a claim.
Do You Need A Texarkana Vehicle Accident Attorney?
If your damage in a vehicle accident was simply and solely property damage, then you likely do not need aid from a Texarkana vehicle accident attorney. Either your own insurance provider or another motorist’s agent should be able to handle the claim without any undue hardship or challenge.
But if you have been harmed in a motor vehicle accident, then you’ll very probably need the aid of a knowledgeable Texarkana vehicle accident attorney to discover the compensation you are looking for. There are some kinds of red flags that indicate your need for immediate legal protection regardless:
- The settlement offer from the insurance firm does not fully compensate you for damage to your motor vehicle.
- You lack health insurance and may not otherwise afford health care treatment. Our firm has doctors who may see you at no cost up front.
- The insurance firm badgers you and evades coming to a resolution.
- The driver submits insurance information, but it is an insurance firm that you’ve never heard of.
- Insurance firms involved do not provide a rental motor vehicle.
- Long before all the facts are known and the extent of your injuries have been established the insurance firm offers cash settlement.
- The driver who is responsible for the crash is behaving aggressively, or refuses to cooperate.
For going on more than two decades, Texarkana vehicle accident attorney Michael Grossman has developed expertise in handling injury cases, and our firm has heard endless stories about bad drivers and unethical insurance firms taking advantage of inexperienced victims. Please contact us, you may make sure the protection of legal rights, which an expert staff of knowledgeable personal injury lawyers.
Planes, Trains & Automobiles – And Other Vehicles
Of course, there are more than just automobile wrecks. There are all kinds of vehicle crashes that may occur.
Train Accidents
Wrecks involving trains and vehicles occur more often than most people think. In fact, most collisions with railroads and trains do not occur as shown in the media on TV and in movies, with the train strikes the motor vehicle that is stuck on a track. No, most collisions between vehicles and trains are late at night when a motor vehicle passes directly into the side of a high-speed train as it rumbles down the tracks. Therefore, most collisions railroad occurs because of faulty warning systems or no warning systems at all. Our Texarkana vehicle accident attorneys know how to show that the victim sustained his injury because of negligence on the part of the railroad from its inadequate warning and safety systems.
There is always a large amount of money involved, so the insurance firms and defense lawyers are fighting aggressively to avoid paying you the compensation you deserve. Seeking redress in a train accident is a complex process, and you may greatly lessen the amount of compensation you may receive if you try to handle the claim or the claim on your own. Or worse, things may go wrong if you have an attorney who is not knowledgeable in dealing with the legal issues that come up when in cases of train accidents.
Unfortunately, in a train crash trial, you are also facing the jurors biases just like with motorcycles and ATVs. (See below). Most people view trains as a form of safe transportation and when a passenger train and driver of a motor vehicle have a crash they automatically assume that motorist must have been responsible. Of course, it is not always true, but it way means that you must convince the jurors that the railroad firm was negligent.
Motorcycle Wrecks
Injuries and vehicle damage in a motorcycle accident are more severe than when you have a collision with two vehicles. A motorcycle rider has little protection, and his motorcycle is also subject to serious damage. Be assured that the battle between claimant and defendant will be much more aggressive as the defendant will by any means possible protect themselves, using their most knowledgeable insurance adjustors and defense lawyers. In other words, when your injuries are serious, the insurance firm will be more aggressive because the financial stakes will be much higher.
If you have incurred injuries while riding a motorcycle, you need knowledgeable motorcycle accident attorney by your side. Biases by jurors cloud motorcycle accident cases and make court cases so much more complex than car wrecks. Recently, a motorcycle legal rights group conducted a survey, which stated that more than 8 in 10 people assume a motorcyclist is responsible when they read about a crash with a motorcyclist and another motorist.
Film and television presents bikers as outlaws or as these members of a deviant subculture, with little regard for their own safety or others. Insurance adjusters use this prejudice against cyclists to build a case against their demands. The facts might show cyclists were the victims of the negligence of some other driver, but the insurance adjuster is banking that he may mislead the jurors with their own prejudices. You need a knowledgeable attorney who knows how to refute these prejudices and use the facts to get you just compensation.
ATV Wrecks
Many in our state use all-terrain vehicles (ATVs) for a variety of reasons: to have fun just riding, exploring deep into the backcountry for hunting and fishing, or even to facilitate work in areas where roads are scarce or undeveloped. With the dangers associated with ATVs, most people wrongly assume ATV riders are liable for wrecks in which they are involved and thus they do not deserve compensation. But as is the case with motorcyclists, this bias is many times undeserved. In most cases, ATV wrecks are the result of faulty mechanics and poor vehicle design that lead to what are called “rollover wrecks.” ATVs can be dangerous, even when ridden safely. You need a knowledgeable attorney who knows ATV accident injuries to show that you were driving safely and were not at fault.
Bus Wrecks
Commercial and charter buses are heavy, they are cumbersome and they are hard to handle, even with a good driver who has had experience and training. Other motorists, poor road conditions, various road hazards, and the very condition of the bus may be factors that lead to bus accidents. You may be sure that our lawyers and investigators will examine the scene of bus wrecks to make sure that all parties liable in any way may be held accountable. The overall condition of the buses is often a factor in bus accidents. Brakes must be in great shape given the size of the vehicles, as must be the suspension and other critical driving systems. After you name all liable parties, you should take a case to a court of law with physical evidence and with an understanding of all particulars of filing bus accident lawsuits. It is therefore absolutely critical to have an attorney with knowledge investigating your bus wrecks. You need an attorney like Texarkana vehicle accident attorney Michael Grossman and the staff at Grossman Law Offices.
Common Challenges You Will Face
The most common obstacle on the way to compensation is the insurance adjuster. If your injuries are severe and expensive, you may rely on the adjuster being hard on your case. These insurance adjustors do it for a living, and they know how to throw the blame on the victim, or to deny the claim if they may show that the victim was even remotely liable for damage. They may lessen the compensation if it is shown the victim was the cause of a part of the accident. By placing the blame on you, the insurance adjuster may stand to save his firm thousands, perhaps millions, of dollars that you would be entitled to. Insurance firms measure success in terms of profits, not harmed victims that they aid.
Insurance adjusters will many times give the unsuspecting victim a settlement offer, which is not adequate compensation for the damages you have incurred – especially when the victim is not an attorney. The sole reason the insurance firm makes this kind of settlement is to low-ball you. They already know that eventually they will pay more if it goes to trial, and are trying to save themselves money. Most probably, if you received such a settlement offer, then you are entitled to much more than they offer. Do not sign any documents that will give the insurance firm a waiver from future suits without first consulting an attorney. If you sign the waiver of responsibility, or agree to give up your legal right to sue, then there is nothing in the any attorney in the world may do to aid you.
Eyewitness Accounts and Testimony
Reality as recalled by witnesses is a matter of perception, and in most crashes, there will be more than one version of what occurred and who is liable. If this is the case in your vehicle accident, you must have physical evidence to substantiate your story. Finding this physical evidence requires the trained eye of a professional investigator. Without adequate legal help, victims many times may not discover the vital physical evidence. If you try to rely solely on your testimony, you will not be able to show your case and recover the compensation you deserve. Texarkana vehicle accident attorney Michael Grossman and his staff at the Grossman Law Offices are skilled in the art of investigation, and our firm undertakes a thorough review of all the facts of your case as soon as our firm is hired. Our firm discovers the physical evidence and testimony to prove your claim.
The Elements You Have To Establish in a Claim
The first thing a Texarkana vehicle accident attorney has to show that the defendant owes you a duty of care of care to use precaution to make sure that they don’t harm you. The law establishes this level of care, owed from one party to another, depending on the circumstances of the situation. Showing that the defendant in your case owed you at least a basic duty of care of care would very probably be quite easy, since nearly all the drivers have an obligation to drive safely as a reasonable person would. Chances are that this “reasonable party standard” applies to the defendant here.
After your Texarkana vehicle accident attorney establishes that the defendant in your case owed a duty, you must show he has breached that duty. In most all cases it will require showing that the defendant was driving in a manner that a reasonable party would not. If the defendant drove unreasonably, even for a moment, he may be liable for consequences. Showing that the defendant breached its duty of care of care requires that you bring proof to court of law to establish exactly what the defendant did or did not do. The jurors in your case will consider the physical evidence and proof that the rest of the circumstances surrounding the defendant’s actions to decide whether the defendant’s conduct was unreasonable.
When the parts of duty of care and breach have been shown, you must show that the defendant was negligent and that negligence was the cause of your injury or loss. Showing negligence is not enough to hold the defendant liable for any injuries. You must also show that the negligence was the cause of the wreck. In a motor vehicle accident, there are many times several parties who may be responsible. The defendant as an excuse may use other drivers, or pedestrians, and even something in the road. The defendant in his case very probably will not be the sole one who may escape responsibility by convincing the jurors that a third party was the cause of the accident, that you had a preexisting injury, or that you have was the cause of your own accident. It is vital to have sufficient physical evidence to show that it was the defendant’s behavior that harmed you. It is another reason you need a knowledgeable Texarkana vehicle accident attorney.
Compensation for Damages
You must then have your Texarkana vehicle accident attorney show damages. “Damages” does not refer to your bodily injuries. Instead, it refers to the financial value of your injuries you want to receive from the defendant if you win. To show what you deserve to receive, you calculate exactly what you need to pay all your losses and injuries, and provide physical evidence of your injuries and losses to support your calculations. Losses such as pain and anguish, lost wages, loss of earning capacity, health care bills and repair bills may be recovered. When you’re busy calculating how much you think you have to damages, the defendant is doing likewise. They always calculate it as less than what you figure. The defendants argue that in reality you want more than you deserve for your damages and that you’re looking for easy money. To show the jurors that the amount you requested is legal, right and proper, and that the defendant’s statement is nothing but a last-ditch attempt to escape the responsibility, you must have proof of loss available to support your calculations.
Figuring the total amount of compensation is critical because you have one chance to claim whatever you’re entitled to. This may be hard unless you have the knowledge to do so. How may you put a price tag on intangible losses such as pain and anguish? In calculating loss of earning capacity, how to account for hypothetical raises and promotions you would have earned if you had continued to work? How do you calculate how much all your health care fees will amount to if your treatment is still continuing? Texarkana vehicle accident attorney and his staff at Grossman Law Offices know how to justify and calculate all your damages to make sure that you recover as much as possible.
In some kinds of cases, the jurors may be wary to view your request for compensation in a positive light, even if the claim is justified. In particular, it happens in regard to soft tissue injuries like muscle strains, tendon hyperextensions, sprains and things like whiplash – because they cannot easily be shown to other injuries such as broken bone or cut limb. But soft tissue injuries may many times hide most of the injuries that could take several months of rehabilitation to recover. If you have incurred a soft tissue injury, then you need a Texarkana vehicle accident attorney to convince the jurors of the seriousness of the harm was the cause of to you. Our lawyers have developed a Rolodex filled with expert witnesses in every branch of medicine that may really attest to show their injuries, to even the most skeptical members among the jurors, so that our firm may show the damages that are owed to you.
Many Parties Could Be Liable
In many road wrecks, several parties can be the cause of or what contributed to the chain of events that was the cause of the vehicle accident. If your vehicle accident was the result of a drunk driver, whoever served the driver beyond the point of intoxication may be held liable because of Texas dram shop laws. If a mechanical problem was the cause of the wreck, the manufacturer may probably be held liable in case of a product liability. If several parties were the cause of a crash, then separate lawsuits must be brought against them, and damages must be determined by the degree of responsibility of each party. Properly allocating blame and the exact amount of damage is very complex, and it takes a well-seasoned Texarkana vehicle accident attorney to make sure you get what you deserve.
When the Vehicle Accident Was Fatal
Losing someone in your life to fatal vehicle accidents is a devastating event. Our firm understands that you’re very probably dealing with more than you think you can handle. And the fact of the matter is you deserve compensation so that you may take care of surviving family members and loved ones. Under Texas wrongful death law, a civil legal action for negligence and/or wrongful death will usually involve two kinds of damages and the possibility of several different claims. The damages available are damages for wrongful death or survival damages.
Compensation for wrongful death will include all the pain and anguish (and that means both financial and emotional) that the plaintiff has incurred and still incurs because of the death of the victim. The deceased’s loved ones can claim these sorts of damages. Any number of claims for damages may be applied for in a wrongful death legal action. These sorts of injuries frequently are:
- Funeral bills
- Compensation for absence of companionship and consortium by reason of the death of the victim
- Absence of financial support provided by the victim before death
- Compensation for psychological and emotional anguish that was the cause of by the absence of a family member
Survival damages are all the damages the victim might have claimed in compensation if he had survived the vehicle accident. The plaintiff who is a survivor has the ability to pursue injury damages, standing up for the victim who died and representing them in court. In most claims, the plaintiff who is pursuing these survival damages will of course also seek damages for wrongful death. There may be sole one survival damage claim for a wrongful death legal action since there is sole one personal injury legal action to inherit, and the closest and most direct living relative typically inherits that claim. These are:
- Physical pain and anguish
- Loss of future earnings potential
- Any damage to property
- Mental and emotional damage that was the cause of by the incident
- Any health care bills paid before the victim’s death
- Compensation for disfigurement or any other long-term injuries
- Absence of wages from time spent in the hospital
Wrongful death damages and survival damages claims are different and each must be sought through unique legal and strategic tactics. Also, each legal action of a wrongful death is sought in a trial and must be treated separately as plaintiffs generally have basically little variance in the amounts of damages. Such damages must be shown on an individual basis. Before examining your legal opposition, the prosecution of such lawsuits is complex and technical. Most non-lawyers simply do not have the knowledge and or knowledge of administrative procedures needed to file these sorts of lawsuits effectively. Our firm has seen countless tragedy stories about non-lawyers filing their own legal action for wrongful death and then forgetting a minor detail, resulting in a court of law of law order to lessen damages or even cause the claim to be thrown out.
Do not let it occur to you. Texas fatal vehicle accident attorney Michael Grossman and the other lawyers in Grossman Law Offices have over twenty years of knowledge in Texas wrongful death law, and our firm may be sure to cover all the bases at you trial and not have any loopholes that allow a defense attorney to get your claim thrown out. Our firm may aid you obtain proper compensation for your family members. However, our firm will also do everything our firm may to force the defendants to reform their actions so that you family member’s death was not in vain. Our firm hopes to make sure they avoid such fatal auto wrecks in the future. It is an important part of the Texas wrongful death legal action, and our attorneys do not let it to go neglected.
Texarkana Vehicle Accident Attorney Michael Grossman Offers Options
Texarkana vehicle accident attorney Michael Grossman and his staff will aid you recover from your vehicle accident and injuries by making sure that damages you deserve. Our firm may facilitate hard legal process by offering a variety of services for you, including:
- Filing your legal claim, or assume the negotiations if you’ve already filed.
- Acting as a buffer between you and the insurance firm, intercepting all communications with the insurer on behalf of the client.
- Take on all the casework, so you may focus on recovery.
- If you are without health insurance or may not afford a doctor, our firm will discover health care with a payment plan that is manageable.
- Conducting thorough investigations by providing a photographic or video documentation, getting the location of witnesses and taking testimony, examining all vehicles involved in the wreck, measuring the distance between the skid marks, scouring police reports, collecting forensic physical evidence and cataloging of all physical evidence so it may be used in court of law.
- Helping you avoid the uncertainty of facing the jurors by obtaining a just settlement of the insurance company.
For two decades, our lawyers have dedicated our practice to doing everything in our power to fight for the legal rights of our clients. We seek to get them the compensation they deserve for their injuries. Our firm may aid you discover the compensation they are entitled, as our firm have for many others harmed Texans.
Texarkana Vehicle Accident Attorney Michael Grossman Can Help
Without the advice of a qualified Texarkana vehicle accident attorney, you will very probably be disappointed. Our Texarkana vehicle accident attorneys have been helping auto accident victims to discover the compensation they are seeking for two decades.
If you or a family member has been harmed, then contact us toll free today at 1-855-239-1290 for a free consultation and learn how our firm may aid you too. Our firm may answer all your concerns and questions about your case and get you to feel more comfortable with this situation you’re facing.
