After my son was killed in an automobile accident, I contacted Michael Grossman's law office. Mike came down and met with me and assured me he could represent my son and be his voice for justice. These great attorneys took care of all the legal representation and did a phenomenal job. I would recommend them to anyone seeking excellent attorneys! Not only are they equipped to handle the legal aspects, they also show a lot of compassion to their clients.
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C. Mossier
Mother of a Wrongful Death Victim
Dallas Car Wreck Lawyer
Dallas Auto Accident Attorney Michael Grossman Explains the Process of Car Wreck Litigation
If you’ve been involved in an auto accident in or around Dallas, Texas, you’re probably wondering what you should do next. After a wreck, the process involved in protecting your rights usually depends on the severity of your accident and the other circumstances surrounding your wreck.
In a few situations, accident victims may be able to handle their claims entirely on their own, without the assistance of a Dallas auto accident lawyer. In the overwhelming majority of instances, however, you won’t recover all that your case is really worth unless you have a lawyer on your side.
In this article, the Dallas car wreck lawyers at Grossman Law Offices explain some of the basics of a car accident case. We’ll describe how to know whether you have a valid claim against another driver involved in your accident, discuss how an insurance policy can affect your case, and explain the circumstances under which you should hire a lawyer to help you with your litigation. Additionally, we’ll give you some pointers for picking the Dallas car wreck lawyer who’s best suited to handle your case.
This article discusses only the basics of a very complex area of law. If you have additional questions regarding your specific legal situation, call auto accident attorney Michael Grossman at 1-855-326-0000 (toll free) for a free consultation.
The Elements of a Valid Claim
Whether your accident left you with serious injuries or was little more than a fender bender causing some damage to your car, you may be entitled to seek compensation for your losses from another driver or his insurance company. All successful claims for damages in personal injury cases, including car accident cases, involve proving four elements. These elements are duty, breach, causation, and damages. Below, we’ll explain each of these four elements that you’ll need to prove to collect compensation for your injuries.
- Duty
In a successful auto accident case, the accident victim must demonstrate that the defendant owed him a duty of care to behave in a way that wouldn’t injure others. Proving that the defendant in your case owed you the duty to take at least some precautions to protect you from suffering injuries is usually quite straightforward. The law dictates what duty of care is owed in different situations, based on the circumstances and the relationships between the parties involved. Under the law, most drivers owe each other the duty of care to drive as a reasonable person would drive in order to avoid hurting others. Chances are that the law required that the other driver in your accident drive in a reasonable manner.
- Breach
The next step to holding the defendant liable for the injuries that he caused you is demonstrating that the defendant breached the duty of care that he owed you. In most auto accident cases, this means showing that the defendant acted unreasonably. If the other driver in your case was careless or drove in a way that a reasonable person wouldn’t drive for even a moment, he can be held accountable for any injuries that result from his conduct. To prove that the other driver breached his duty of care, usually you’ll need to use evidence to show precisely what the other driver did or failed to do. The jury will consider this evidence and all of the other evidence surrounding the accident, and will ultimately decide whether the defendant’s conduct was reasonable under the circumstances. Driving while under the influence of alcohol, driving at night without headlights turned on, rolling through stop signs, and many other dangerous behaviors may all be considered unreasonable. If the jury finds that the defendant breached the duty of care that he owed you, you’ll have proven that the defendant was negligent.
- Causation
Even once you’ve proven that the defendant in your case was negligent, there’s more you’ll need to show the jury before you can hold him accountable for your injuries. In addition to proving the elements of duty and breach, you must also demonstrate that the defendant’s negligence caused your injury. In many cases, defendants try to use third parties as scapegoats to get off the hook for paying you damages. If a defendant can convince the jury that another driver, a pedestrian, or even you caused your injuries, the defendant won’t be required to pay you. In order to prove causation, you’ll need to present evidence to the jury to prove that the accident and your injuries were the defendant’s fault.
- Damages
After you’ve met your burden of proof on the elements of duty, breach, and causation, you’ll have proven that the defendant is liable for causing your accident. To recover for your injuries, you’ll need to convince the court of precisely how much the defendant in your case owes you. This amount, the amount that a defendant will compensate you for your losses, is known as “damages.” Proving damages usually requires calculating how much you’re owed, and presenting evidence of your losses in order to substantiate your calculations.
Calculating damages can be tricky for those who don’t do it regularly, but it’s important to calculate exactly what you’re owed since you’ve only got one shot to demand the correct amount from the defendant. After you’ve proven the defendant’s liability, you may be able to recover for your lost wages, loss of earning capacity, medical bills, and repair bills as well as for your emotional injuries, such as pain and suffering. Many people wouldn’t know how to put a price tag on an intangible injury such as pain and suffering. The Dallas car wreck lawyers at Grossman Law Offices have been calculating pain and suffering damages for years. We know what you’re likely to recover in compensation for your emotional losses.
Additionally, damages for loss of earning capacity can be complex to calculate. These damages compensate a plaintiff for the wages he won’t be able to earn in the future because he is unable to return to his job as a result of his injuries. When calculating loss of earning capacity, one needs to account for the time value of money as well as for factors such as promotions and raises that the accident victim potentially would have received over his career had he been able to continue working.
It’s critical to bring evidence of your losses to court to back up your calculation of your damages. Especially if your accident left you with severe injuries, your losses are probably evident to you on a daily basis. Perhaps you are in constant pain. Perhaps you are unable to return to work because of a disability you’ve developed due to the accident. Perhaps you’re unable to get around because you can’t afford to repair your car. Even if your losses seem glaring to you, don’t expect them to be so evident to a jury. In many instances, the issue of damages is a contested matter in a car accident case. The defendant will probably calculate how much he thinks your damages should be, too, and his number will be much less than yours. He’ll be trying to convince the jury that you’re asking for a handout. You need to present evidence of your injuries in order to prove that your calculation of damages is fair and accurate, while the defendant’s is nothing more than a last-resort attempt to get off the hook for his negligent conduct.
In most Dallas auto accident cases, you’ll need to be able to prove these four elements before you’ll be entitled to collect anything for your injuries. If you aren’t sure whether you have a case, contact one of the Dallas car wreck lawyers at Grossman Law Offices for a free consultation.
How Insurance can Affect your Case
Whether or not an insurance company will be responsible for paying your damages can have a substantial effect on the legal process and the ultimate result in your case. Though all drivers in the state of Texas are required by law to carry auto insurance on their vehicles, the sorry reality is that many people choose to break the law and drive uninsured. If the other driver in your case was uninsured and you are uninsured or you haven’t got uninsured motorist coverage on your own insurance policy, chances are that the other driver will be personally responsible for compensating you for your injuries if he’s found liable for having caused your accident. When this is the case, you need to be concerned with the defendant’s solvency. If the other driver is insolvent, it means that he lacks sufficient resources to compensate you fairly for your injuries. It’s sad but true that many accident victims go uncompensated because the driver that hit them was uninsured and can’t afford to reimburse them for their losses.
After an accident, sometimes a solvent driver will attempt to hide his assets to appear insolvent. If the defendant in your case has hidden his wealth, you’ll have trouble recovering for your losses if you can’t expose his tricks. At Grossman Law Offices, our auto accident lawyers perform asset checks on the defendants involved in our clients’ cases. If the defendant in your case is hiding something, we’ll find it.
Things are usually different if the defendant in your case was carrying auto insurance at the time of the accident. In these cases, the defendant’s insurance company, rather than the defendant himself, will probably be responsible for paying your claim. The good news is that when an insurance company is involved, there’s usually at least some money theoretically available to compensate you. The bad news is that this money won’t usually be easy to get your hands on. Insurance companies aren’t in the business of helping people. They’re in the business of making money. It’s not usually in their best interests to pay accident victims for their losses. Insurance companies employ adjusters, accident recreation specialists, investigators, and specialized insurance defense attorneys. All of these individuals work towards the goal of denying your claim or paying you as little as possible. To recover for your injuries from an insurance company, you’ll need to get past these professionals first.
When to Look for a Dallas Car Wreck Lawyer
In every auto accident case, there’s something that a Dallas car wreck lawyer can do to help, and in most auto accident cases, it’s necessary to have an attorney on your side if you’d like to receive fair compensation for your losses. Below, we’ll discuss some of the situations in which it’s usually important to have a lawyer in order to protect your rights.
- You were Injured in the Accident
If you suffered any bodily injuries in your accident which required you to visit a doctor one or more times, call an attorney to attain the best result possible. When claims involve personal injuries, rather than mere property damage, insurance companies have greater leeway to deny claims and rip you off. Legally, they don’t owe you anything for your physical injuries unless you use evidence to prove that they do. Proving to the insurance company’s satisfaction that you’re entitled to collect money that they don’t legally need to pay you can be a real challenge without an attorney. If you’ve suffered whiplash, broken bones, skull injuries, or any other type of bodily harm as a result of your wreck, call Grossman Law Offices for assistance.
- The Other Driver Gives you a Hard Time at the Accident Scene or Afterward
After an accident, many drivers are cooperative and will exchange contact information and insurance information with you at the scene. Others make things more difficult, however. If the other driver involved in your wreck has an insurance company you’ve never heard of, doesn’t want to give you his contact or insurance information, or doesn’t want you to call the police to file a report after the wreck, this could be a sign that he’ll make it as difficult as possible for you to recovery for your losses. If this is the case, call our Dallas car wreck lawyers.
- The Insurance Company Pressures or Harasses You
We’ve discussed that an insurance company’s adjusters, lawyers, investigators, and accident recreation specialists can make it challenging for an unrepresented plaintiff to recover fairly for his injuries. One tactic that an insurance company may try to use to help them justify denying your claim is to call you repeatedly to try to get you to admit things that could hurt your case. Their questions about your accident may seem innocent enough, but their principle objective is to try to get you to admit that the accident was your fault or that you weren’t really hurt in the wreck. If you say anything that could be taken out of context and used against you, you can expect your statement to be recorded and come back to haunt you in the future.
It’s also common for insurance companies to offer unfair settlements to accident victims. In a settlement, the insurance company voluntarily agrees to pay the accident victim a quantity of money even though no judge has ordered the insurance company to do so. In exchange, the accident victim gives up his legal right to sue the insurance company for more money for his injuries in the future. Because you’ll be relinquishing your legal rights if you accept a settlement, it’s critical that you don’t accept any offer that’s less than fair compensation for your injuries.
Insurance companies know that accident victims often face harsh financial losses as a result of a crash and could benefit from extra income to make up for their medical bills, repair bills, and lost wages. The insurance company in your case may offer you a low settlement in hopes that you’ll grab the fast cash instead of taking the time to pursue a full recovery against them. They know if they can get you to take a little money now for your injuries, they’ll be off the hook later. Don’t accept anything from the insurance company until you know what your case is really worth. Usually their initial offers will be unfair, but they will be binding if you accept. Call Grossman Law Offices to find out how much you deserve for your injuries and how you can get all that you’re owed.
- You Can’t Afford to See a Doctor or Pay your Medical Bills
Many accident victims in and around Dallas, Texas don’t have health insurance. Others are insured, but find that the treatment they need isn’t covered under their benefits. Additionally, many accident victims worry about missing work to get medical care after a wreck. Don’t let these worries stand in the way of getting medical care. If you’ve been injured in a wreck, seeing a doctor is critical to your health and your case. The auto accident lawyers at Grossman Law Offices work with a large network of doctors. We can put you in touch with a healthcare professional who will take your personal circumstances into consideration. Additionally, we’ll explain how the wages you lose when you take time off from work to seek medical care may be reimbursable by the defendant in your case.
- You have a Bad Feeling about how your Claim is Being Handled
If you feel at all uneasy about the way that your claim is being handled by the insurance company, trust your instincts. In almost every instance, an insurance company’s interests are in direct opposition to an accident victim’s. If you think something might be going on behind the scenes, it probably is. The lawyers at Grossman Law Offices have been handling car accident cases for the past twenty years. We’ve dealt with nearly every insurance company in the industry and we know how each insurance company usually operates. We can help you figure out what they’re up to and make sure your rights are protected. Additionally, call our Dallas car wreck lawyers for help if an insurance company is doing any of the following things, which may prejudice your case:- Making you a settlement offer before you know how much medical treatment you’ll need and what it will cost.
- Offering you less money than you feel is fair or offering you less money than is due on your car loan in compensation for your losses.
- Refusing to provide you with a rental car while your car is being repaired after the accident.
- Telling you that they’ll pay your bills once you submit them, but then refusing to do so.
- Taking a long time to respond when you contact them.
- Making you a settlement offer and telling you that it’s the best you’ll get or more than your claim is worth.
When none of the above circumstances apply, you may be able to handle your claim on your own without the assistance of a lawyer. If your car was damaged in the accident, but you weren’t hurt, the insurance company must follow preformed guidelines when determining how much to compensate you for your injuries. As a result, an insurance company in such a situation will usually have little wiggle room to deny your claim or compensate you unfairly for your car repair.
If your car was damaged in a wreck, exchange contact and insurance information with the other driver. Then, drive your car or have it towed to a mechanic for repairs. The mechanic will bill your insurance company for his work, and your insurer will pay. If the other driver was at fault for the wreck, your insurance company will forward the bill on to the other driver’s insurance company for reimbursement. Usually this process goes smoothly, but occasionally the two insurance companies will dispute which of them should ultimately be responsible for footing the bill. If the cost of your car repairs was less than $5,000, your insurance company will represent your interests in any such dispute through a process known as subrogation. On the other hand, if the repair bill came to more than $5,000 you may need a lawyer to protect your interests.
Don’t lose your lawsuit because you didn’t know whether or not you needed a lawyer to protect your rights. Call us at 1-855-326-0000 (toll free) to discuss your options and find out whether you’re likely to succeed on your own under the circumstances involved in your case.
How to Select an Attorney to Handle your Auto Accident Case
If you or someone you care about has been injured in an auto accident, you need to find a lawyer who can get you the best result possible. Auto accident attorney Michael Grossman recommends contacting at least two or three attorneys before choosing the one that you want to handle your case. When you talk with each lawyer, ask him about his track record for settling and litigating cases like yours. Find out what he thinks the strengths and weaknesses of your case are, and see whether he can provide you with the name and contact information of a former client whose case was similar to yours. Hire a lawyer when you’re confident that he’s someone you can trust and that he’s an expert in handling car accident litigation.
The Dallas car wreck lawyers at Grossman Law Offices have been handling car accident litigation for the past twenty years and we’ve won favorable verdicts and settlements against nearly every auto insurance company in the nation. When we’re hired on a case, we handle every step of the legal process so that our clients can focus on getting their lives back in order after the wreck. Some of the services that we provide in nearly every case that we handle include:
- Making sure that our clients get the medical care that they need.
- Conducting a thorough investigation to determine the cause of the wreck.
- Gathering witness statements, forensic test results, photographs, measurements, police reports, and other evidence our clients need to prove their claims.
- Sending and responding to discovery requests.
- Handling all paperwork and phone calls related to our clients’ claims.
- Using our reputation to pressure the defendants in our clients’ cases into settling.
- Mediating our clients’ cases.
- Filing lawsuits and preparing for trials when necessary.
- Calculating damages and demanding compensation from defendants.
After a wreck, don’t trust your case to an inexperienced lawyer. Call auto accident attorney Michael Grossman at 1-855-326-0000 (toll free). We’re available 24 hours a day to listen to your story and explain your options.
Our client suffered a punctured colon and numerous soft tissue injuries in an alcohol-related car accident. The accident occurred as the defendant driver crashed his car into a concrete median. The plaintiff, a passenger in the vehicle, alleged that the defendant driver was over served alcohol to such an extent that he was several times the legal limit. As such, a claim was brought against the defendant driver and the bar which over served him. A settlement was reached with the defendant driver and the plaintiff turned his focus on the bar in question. The case was resolved successfully through litigation. Based on the egregious conduct of the bar and it's numerous TABC violations, the defendant's liquor license was revoked soon after the case was resolved.
$337,500.00
$134,000.00
$3,750.00
Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.
Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.
Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
$250,000.00
$82,500.00
$10,000.00
Recovery for the victim of a automobile accident.
$25,000.00
$8,250.00
$100.00
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
$40,000.00
$13,333.00
$50.00
(policy limits) A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman's life soon thereafter.
The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.
Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant, and is currently ongoing.
$250,000.00
$78,000.00
$370.00
Recovery for worker who suffered soft tissue injuries when his fork lift was struck by a delivery truck.
$75,000.00
$25,000.00
$350.00
Recovery for car accident victim who suffered back injury resulting in surgery.
$100,000.00
$33,000.00
$100.00
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.
$550,000.00
$220,000.00
$25,000.00
(policy limits) Our firm was hired by the wife and children of a retired Army Colonel who was killed in an underide 18-wheeler accident. In addition to being a decorated veteran, the decedent worked both professionally and on a voluntary basis to establish numerous learning institutions and vocational programs for at risk youths. The accident occurred as the decedent was traveling on a rural highway when an 18-wheeler failed to yield the right of way and made a rolling stop through a stop sign.
This placed the trailer of the 18-wheeler in a position whereby it blocked the entire roadway and shoulder, leaving the decedent no option but to collide with the trailer. Witnesses on the scene attempted to revive him but to no avail. Furthermore, while two female eye witnesses struggled to pry open the decedent's door to provide emergency care, the truck driver stayed in his truck and offered no assistance. Despite what appeared to be an incredibly apparent case of negligence on behalf of the defendant, defense counsel refused to accept liability resulting in rather lengthy litigation.
The defendants initially denied the claim based on the allegation that the decedent was speeding and the truck driver therefore could not adequately gauge the amount of time he had to pause at the stop sign. The physical evidence contradicted this notion entirely, notwithstanding the fact that even if the decedent had been contributorily negligent, that would not have outweighed the severe degree of negligence on the part of the defendant. Nevertheless, our attorneys were able to conclusively refute this argument based on eye-witness testimony and the testimony from police investigators who calculated the decedent's speed to be precisely at the posted speed limit. In a desperate and largely unprecedented move, the defendants then designated the state as a responsible third party.
Generally speaking, a defendant will often threaten to designate a third party in order to leverage their position but it is rare that such an arbitrary and arguably frivolous designation is actually carried out. However, that is precisely what occurred and the state was thusly incorporated into the lawsuit by the defendants. The basis of the defendant's argument was that the state erected a large street sign that obstructed the truck driver's view of approaching traffic.
Several months of intense litigation were required to before the defendant finally acquiesced in regard to this argument. The argument was finally abandoned by the defendants when in the first mediation our attorneys presented video footage shot (in a controlled setting) from the perspective of an 18-wheeler driver which showed that the sign simply did not obstruct enough of the roadway in order to be a hazard. The case was ultimately resolved through litigation.
Confidential
Confidential
Confidential
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.
Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.
Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.
We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.
The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.
Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.
Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
$2,000,000.00
$775,000.00
$25,000.00