Arlington Personal Injury Lawyer
Arlington Attorney Michael Grossman Discusses Personal Injury Claims and Lawsuits
The Arlington personal injury lawyers with Grossman Law Offices provide this article in order to give you some basic information in regard how personal injury law works.
Most of the time when someone is hurt in an accident that takes place due to the negligence of another person or entity, that person will seek restitution through the means of a personal injury lawsuit.
There are very few people, however, who actually know what a personal injury lawsuit is all about. You may think that you would be able to represent yourself in a personal injury suit just by understanding the laws that are applicable. However, pursuing legal action in the form of a personal injury lawsuit is an incredibly complex process, and a non-lawyer will basically have no chance of winning his or her case. However, the Arlington personal injury lawyers with Grossman Law Offices are here to help you understand personal injury lawsuits, and here to show you why you should not pursue this kind of legal action without having the help of a skilled and seasoned legal representative.
It is very important, however, that you are made aware of the fact that this article is only designed to provide you with basic information in regard to personal injury law. It is in no way intended to serve as any sort of substitute for the advice of an actual lawyer who is familiar with the specific circumstances of your case. If you would like to talk to one of our attorneys, please call Grossman Law Offices at 1-855-326-0000 (toll free) for a free and confidential consultation.
What, Exactly, is a Personal Injury Lawsuit?
When a person is injured due to the negligence of another person or entity, the injury victim can take action against that negligent party in the form of a personal injury lawsuit. However, that victim has to meet a number of different conditions. The lawsuit’s defendant has to be proven to be the proximate cause of the injury sustained by the victim. You have to be able to show that the accident would not have taken place without the defendant’s inaction or actions. For example, if an intoxicated driver crashes into a car, and the driver of the car that is his is injured, then, in all likelihood, the intoxicated driver is the proximate cause of the injury sustained by that victim. Without the intoxicated driver’s actions, the victim would not have suffered his or her injury.
There are often multiple proximate causes in a personal injury case. The bar, restaurant or other alcohol-serving establishment that served the driver to the point of intoxication could be another proximate cause in the aforementioned example. If that establishment over-served that person, then, through a dram shop cause of action, that establishment can be held liable for the actions of that intoxicated person. The injured driver, in this sort of instance, can file a lawsuit not only against the intoxicated driver, but also the establishment that over-served that driver. When there are multiple potential defendants involved in a personal injury lawsuit, this type of legal action becomes even more complex because a different case has to be built against each defendant.
How do I Know I have a Legitimate Case?
Just because a person is injured, that does not mean that person has a strong case. There are three general elements that must be met in order for a personal injury lawsuit to be legitimate:
A solvent defendant or defendants - The party or parties responsible for the accident that led to the injury being suffered have to have money or some other type of assets that can be used to pay for the injury suffered and the expenses incurred by the victim.
Damages must have been incurred by the victim - The victim had to have incurred damages (the legal term for financial losses). Damages can be financial, such as medical expenses, repair bills or lost wages. They can also be less tangible, such as pain and suffering and disfigurement.
The defendant had to have violated a duty of care - A duty of care basically means the care that one person owes to the other in order to not harm that other person. For example, nearly all drivers owe all others sharing the road the duty to operate their vehicles in a reasonable manner, by observing speed limits, not swerving in and out of traffic, not running stop signs or red lights, etc. When someone acts in an unreasonable manner and causes an accident as a result that leads to an injury, that person is in violation of the duty of care he or she owed to that other person. Duty of care can be explicit (when a surgeon injured a patient by making a mistake during an operation) or implicit (the aforementioned driving-related duty of care).
How Can a Lawyer Help Me?
The Arlington personal injury lawyers with Grossman Law Offices can make sure that your case is comprised of the three necessary elements of a successful case. In nearly every case that we accept, we immediately conduct a complete asset check on the parties responsible for the accident. There are some instances where deceitful defendants and even insurance companies will try and hide assets in an attempt to keep from having to provide a victim with compensation for the damages he or she has incurred. However, we have been representing people in these kinds of cases for two decades, and as a result we have seen every trick that defendants have tried to play. As a result, if the defendant is trying to hide assets, we can uncover them to make sure you obtain the compensation to which you are entitled for the injury you have sustained. We have defeated nearly every major insurance provider in the nation, and as a result they know they cannot conceal assets.
In addition, we can make sure that your damages are not only accurately calculated, but that you have the proof needed to show your damages request is justified. Again, an injury victim must have incurred damages in an accident in order to have a case. If you are not able to prove your damages, you will not be able to secure the restitution that you have coming. We submit a detailed demand packet that contains witness affidavits, medical records and expert witness testimony. The physical, emotional and monetary damages you have suffered are established through these documents. We also make reference to case precedents, example cases and various legal statues that we have litigated and investigated in the past. By establishing a precedent, we will be able to show that people in the past have obtained compensation for the same kind of injury that you have sustained. Insurance adjusters and defense lawyers know the level of success we have achieved in these kinds of cases over the past two decades. As a result, they are often times willing to make our clients fair out-of-court settlement offers.
We also, in nearly every case we accept, launch an immediate investigation into an accident. Such an investigation not only helps you identify all of the potentially liable parties in your legal action, it also provides the evidence that you will need in order to prove your case. The charges we bring against these potential defendants will be well researched and sophisticated, and be part of a thoroughly comprehensive case. To insure that all the parties responsible for your injury are brought to justice, and that you are able to obtain the compensation to which you are entitled for the suffering you have been forced to endure, we will do everything within our power.
Why Can’t I do this Myself?
We charge legal fees, of course, but we will only charge you if we help you obtain a full and fair settlement. We have investigated, resolved and litigated personal injury cases for the past two decades. During that time, we have never heard of a non-lawyer winning a personal injury case. Again, there are many people who assume that mere knowledge of the law is enough to be able to win a case. However, this assumption is extremely mistaken. An attorney has to know the law to be successful, of course, but also needs to have the proper technique in order to be able to win. Do you know how to respond to a defense lawyer’s lists of admissions or how to properly document the various aspects of your case? Do you have any idea what a demand packet is, and what you need to put into one? Do you have the slightest idea of how to prove up your damages? If you cannot readily answer all of these questions, and answer them without any hesitation, you will need the help of a skilled and seasoned Arlington personal injury lawyer to have any chance of securing the restitution you deserve for the injury you have sustained.
Think about this example for a moment if you are still thinking of acting as your own legal representative. We recently had a conversation with a man who was considering taking action in the form of a personal injury lawsuit. This man had been involved in a car wreck and his damages came to about $70,000. He had a very strong case, and our firm could have more than likely helped him obtain a very large settlement. He was worried about his legal fees, however, so he chose to act as his own attorney. He was offered a scant $3,000 by the insurance company, and even that offer did not come until several months had passed after the accident. He then called us once again, saying he was thinking of hiring legal representation. But he once again decided to act as his own lawyer. He made the terrible mistake of thinking that the mere threat of a lawsuit would frighten the insurance company into making a settlement that was fair.
The hard truth is that insurance companies have absolutely no fear of accident victims who try and represent themselves. These carriers have teams of defense lawyers working for them as well as seasoned insurance adjusters. Lawyers and adjusters make a great living by denying claims, so in this particular case they were not frightened in the least. The man received a list of admissions from the insurance company’s lawyers, but he did not have the slightest idea what to do with it. When, predictably, he did not respond to the defense lawyers, they filed for a summary judgment motion. Because the man did not respond to the list of admissions, the judge dismissed the case. The man went from the possibility of obtaining a great deal of money to getting nothing for the suffering he had experienced.
The court will treat you the same, whether you are an experienced attorney who has been practicing for 20 years or a self-represented lawyer. A non-lawyer representing himself or herself is held to the same standard as a seasoned attorney. When a non-attorney fails to follow - to the letter - the rules and procedures of the court in which his or her case is argued, that case will be dismissed. In our two decades of practice, we have seen this time and time again. However, the Arlington personal injury lawyers with Grossman Law Offices can make sure this does not happen in your case. For the last two decades, we have helped people injured due to the negligence of other people or entities. Insurance companies are well aware of our reputation for success because we have won hundreds of cases all across the realm of personal injury law. We can intimidate an insurance carrier into making you a fair settlement offer, unlike someone who makes the horribly misguided choice to act as his or her own attorney. Please do not let another party’s negligence that led to your injury go unpunished - call the Arlington personal injury lawyers with Grossman Law Offices as soon as you can.
How Grossman Law Offices Can Help You
We take care of each and every aspect of your case, taking the hassle off of your plate so that you can focus all of your energy on recovering emotionally and physically from the injury you have sustained. We will use our reputation for success in order to compel an insurance company into making you a fair settlement offer; in many instances, an insurer would rather do that than risk having to pay even more money by taking us on in a courtroom. However, if such an offer is not forthcoming, we will have devised a strong and effective trial strategy designed to defeat the formidable opposition you will encounter and give you the best possible chance of obtaining the full and fair compensation to which you are entitled for the suffering you have experienced.
If you or someone close to you has been hurt due to the negligence of another person or entity, please do not hesitate to call the Arlington personal injury lawyers with Grossman Law Offices as soon as possible at 1-855-326-0000 (toll free) for a confidential and free consultation in regard to the specific circumstances of the accident and the injury that was sustained. We will provide you with a frank assessment of the strengths and weaknesses of your case, and will let you know how we may be able to help. If you have any questions in regard to personal injury law in general, your case in particular or anything you have read in this article, we are standing by 24 hours a day, seven days a week to answer them and will happily do so.