Allen Personal Injury Lawyer
Allen Lawyer Michael Grossman Discusses Personal Injury Claims and Lawsuits
If someone else’s negligence or carelessness has caused you to suffer some type of injury, you may be considering seeking compensation and justice through a personal injury lawsuit. Representing yourself in any type of lawsuit can be difficult and will usually require the help of an experienced legal professional in order to receive the compensation which you deserve for your injuries.
Many times people feel that they can be successful in representing themselves only to discover when it is too late that they have gotten in over their head. Allen personal injury lawyer, Michael Grossman of Grossman Law Offices is providing the following information so you will have a better understanding of what is involved in a strong personal injury case and how the legal professionals at our firm can help you build the strongest case possible in order to receive fair compensation for your injuries. This information is very general in nature and should be considered as a substitute for legal help in your case. Topics we will cover include:
If you have questions about the specifics in your case after reading this information, please call us at 1-85-532-0000 toll-free for a free and confidential consultation.
WHAT IS A PERSONAL INJURY LAWSUIT?
When a person suffers an injury due to someone else’s actions or inaction, the victim in most situations can file an Allen personal injury lawsuit. There are a few conditions which first must be met. The first condition is that a duty of care which the victim was owed must have been violated. A duty of care is something that every person is obligated to take to make certain that their actions do not put other people in danger. Sometimes the duty of care is explicit. For instance, a doctor or other health professional is required to do all that he or she can do to ensure the health of their patients. A doctor that acts in a way that is against the patient’s best interest will have violated the duty of care that was owed to his or her patients.
Other times the duty of care can be less explicit. As an example, motorists have the responsibility to be certain that they are driving in a responsible manner and do not cause danger or harm to other motorists, pedestrians, or any other person. The defendant in a personal injury case must also be the proximate cause to the victim’s injuries. This means that if the defendant had not acted in a negligent way, the victim most likely would not have been injured. For example, if a driver operating a vehicle while under the influence of drugs or alcohol hits a pedestrian, the drunk driver is most likely a proximate cause to the pedestrian’s injuries. The drunk driver violated a duty of care owed to the pedestrian by driving while under the influence. This means liability is established. Liability is a necessary element in any personal injury case.
Many times there can be more than one proximate cause in a personal injury case. In the previous example, the bar that served alcohol to the drunk driver might also be a proximate cause because the bar served the driver to the point of intoxication and then let the driver leave in a motor vehicle. Many times a personal injury lawsuit will involve multiple defendants because of this. Grossman Law Offices will make certain to do a thorough investigation in every case so that every liable party in your accident can be identified. Identifying every liable party will give you the best chance possible to receive full and fair compensation for your injuries.
To build a strong personal injury case the victim must have suffered some type of damages in the accident. These damages can be tangible financial losses such as medical bills, lost wages, or property damage. They can also be intangible damages such as pain and suffering, disfigurement, and loss of earning capacity. If a victim has not suffered some type of damages in an accident, it will not be possible to build a strong personal injury case in Allen.
And lastly, a personal injury case must have a solvent defendant. A solvent defendant is the party which is liable for the victim’s injuries that has the financial resources in which to compensate the victim. These financial resources include insurance policies, cash, or expensive assets. If a defendant is not solvent, a plaintiff or victim cannot get compensation for their injuries because the responsible party does not have the means in which to compensate the victim.
Keep in mind that many parties will try to hide their financial resources after an accident has occurred. These parties know that if they are not solvent then they cannot be sued. It can be very difficult for a non-attorney to provide proof that a party is solvent if the party is making every attempt to hide their resources. Our team of legal professionals knows just about every underhanded trick that can be pulled and we know ways to uncover the financial resources when a responsible party is trying to hide them. Our Allen personal injury lawyers have over 20 years of experience in investigating defendants and we know how to make certain that the defendants in your case do not hide their resources if any are available. We can hold those responsible for your accident accountable and make certain that you are fairly compensated for your injuries.
We can also build a comprehensive demand packet and prove up damages in your case. This can be a very complex legal process and if handled incorrectly could severely limit the amount of compensation that an accident victim is eligible to receive. Done correctly by a skilled attorney, this process can ensure that the full amount of your damages is accounted for and that you receive the best possible settlement in your case. It can be extremely difficult to estimate the true cost of an injury because many injuries can have long-term financial and personal consequences. Our team will make certain to fully consider the long-term financial and personal difficulties and can secure expert witness testimony from doctors that can prove the full extent of your injuries. We can help you get full and fair compensation for damages that you might have not even known existed.
Another consideration in a personal injury lawsuit is the statute of limitations that applies to your case. A statute of limitations is the time limit set for an accident victim to file a lawsuit in order to receive compensation. In Texas, the statute of limitations in a personal injury case is two years. This means that you must file a personal injury lawsuit within two years from the date of your accident or you will not be able to receive the compensation you deserve for your injuries. It is crucial not to miss the statute of limitations in your case.
CAN’T I DO THIS ON MY OWN AND AVOID PAYING LEGAL FEES?
If you needed heart surgery would you attempt to perform it on yourself? If you needed to fly to another state, would you hop in an airplane and take off down the runway if you have never had a flying lesson? Of course you wouldn’t. Because you know experience is needed in both cases. Just as in these instances, you should also not attempt something as complex as a personal injury lawsuit without legal experience. It is true that our firm will charge legal fees, but only if we can successfully secure a settlement in your case and most often, even after legal fees, your settlement will be much larger than any settlement you might have gotten had you handled your case on your own. We have been investigating and litigating Allen personal injury cases for more than 22 years and we have heard many stories of accident victims who have attempted to represent themselves in court. We have never heard of any of these attempts being successful. People often mistakenly assume that in order to win a personal injury lawsuit, all you have to do is know the law. This is not true. Could you respond to a list of admissions? Do you know what goes into a demand packet? Would you know how to prove up all of the damages involved in your case? If you do not, most likely you do not have the necessary experience or knowledge that will be needed to represent yourself in court.
As an example, our firm was approached by a man who was filing a personal injury lawsuit. He had been injured in a car accident and had suffered damages of about $75,000. The evidence in his case was strong, and we would have been able to secure a large settlement for him if he had allowed us to represent him. But, he was concerned about the legal fees and had convinced himself that he could represent himself effectively.
After about three months of negotiating with insurance adjusters, he was offered $3000 as a settlement for his case. He once again contacted our firm for advice and was considering hiring an attorney to represent him in his case. Once again, however, he decided to continue to act as his own representation. He thought he could be able to frighten the insurance company into offering him a settlement that was fair if he threatened to file a lawsuit.
The victim did eventually file a personal injury lawsuit and represented himself. The defense attorneys for the insurance company filed a list of admissions for the victim to respond to. The man did not know how to respond and more than likely did not even realize that a response was necessary. When the defense attorneys did not receive a response from the victim, they filed a motion for a summary judgment of dismissal on the grounds that the victim had failed to respond to a list of admissions. The judge agreed to the summary judgment and the case was tossed out. The victim ended up receiving nothing at all for his injuries.
It is vital not to let this happen to you in your case. It does not matter to the court if you are a non-attorney, you will be held to the same standards to which an experienced attorney would be held if you attempt to represent yourself in court. You will need the experienced legal professionals at Grossman Law Offices to help you seek compensation for your injuries. We have more than 20 years of experience in litigating all types of personal injury cases and we want to help accident victims get the compensation they deserve for their injuries. We have successfully filed lawsuits against almost every major insurance company in the country. Their insurance claims adjusters recognize our name and our reputation and very often we can frighten them into giving you a fair settlement in your case. Very often, we can secure a sizable settlement for our clients without ever taking a case to court because of our extensive track record for success. So if you have been injured in an accident, let our Allen personal injury lawyers bring the parties responsible for your injuries to justice. Contact Allen personal injury lawyer, Michael Grossman today and let Grossman Law offices help you get the compensation you deserve. Call us today at 1-855-326-0000 toll-free.