DeSoto Personal Injury Lawyer
Personal Injury Attorney Michael Grossman Explains the Types of Injury Cases We Handle in DeSoto & Cedar Hill
Throughout the last two decades, so many have been helped in personal injury and wrongful death cases by Grossman Law Offices.
You will find today that many firms prefer to do what’s called “general law”, but our aim has been to narrow our focus on two kinds of law and provide clients with excellence in those two areas. Doing this has allowed our attorneys to sharpen their ability and get the kind of focus and skill that you won’t find anywhere else.
When you choose to get help from Grossman Law Offices with your DeSoto personal injury case, what you’re investing in is a collection of lawyers who don’t just have a little experience in personal injury law, but a savvy, talented team that devotes the majority of its time litigating cases just like yours.
Over the years we have assisted with a variety of cases. That list includes the following: brain injuries, spin injuries, soft tissue damage, any kind of catastrophic injury, broken bones, concussion, any form of bodily injury, or anything involving assaults. We’ve assisted clients for years and helped them get compensation for a multitude of things like dog bites, birth injuries, 18-wheeler accidents, head trauma and construction accidents to car wrecks, help with those involved in battery cases, slip and fall incidents due to ice/wet floors, wrongful death cases and other incidents.
There are many kinds of specialties that can be worked on in personal injury law, and even though we’ve dealt with a plethora of personal injury matters there are loads of personal injury cases that our DeSoto & Cedar Hill personal injury lawyers are experienced in.
You’ll discover that Texas personal injury cases will be categorized in one of those groups, but there are other kinds of personal injury cases that we help clients with. If you’ve been in any form of personal injury accident, call us to get the aid you need.
What is a Personal Injury?
Even if you’ve been injured, you have to know that doesn’t qualify you instantly to have a solid case to pursue in court. The question then is: when does a regular injury become one that has a chance to be dealt with legally? When it comes to the justice system, a personal injury is described as focusing on the physical injury and the emotional ramifications that come with someone’s behavior or inaction. Contrary to what you think, you don’t have the ability to sue anyone who hurts you. Victims, known in the legal world as plaintiffs, have the ability to demonstrate that the individual who caused the injury - called the defendant - owed them a duty to keep them safe. An illustration: Let’s say an illegal alien attacks a border patrol agent and that officer then injures the man in self-defense. The man who tried to injure the agent can’t sue the worker, since the agent didn’t owe the alien an obligation to keep him safe. However, if a co-worker loses his temper and beats you, you’ll have the ability to file a lawsuit against that person since that co-worker owed you a legal duty to make sure you were safe. In both situations, there was a kind of assault that took place, which led to someone being hurt, but only the second example could be tried in court since the defendant violated a legal duty that was owed to the plaintiff. On the flip side, the agent didn’t owe that degree of duty. A personal injury claim exists to point out how the defendant was supposed to not harm you, show how their actions led to your injury and then explain how those injuries also resulted in emotional pain and trauma. Since you were the one who was hurt, it’s your duty to prove all this. But this must be done within the stringent, formal guidelines of the legal system. So many over the years have damaged their personal injury cases, because they weren’t knowledgeable about the justice system, proper procedure, the right steps in filing motions and filings, proper steps in admitting evidence, etc. All cases have fact patterns, but the small, minute details of your case, regardless of how strong they are, will achieve nothing if you don’t take the proper steps in getting the evidence on record. As you progress in your case, keep in mind what was said in the movie: “it’s not what you know; it’s what you can prove.” You can’t prove a thing if you aren’t aware of the steps needed to get each particular fact into the court. It seems simple, but it’s way more complicated than you think and is why you need to hire a Cedar Hill personal injury lawyer to assist on your personal injury case.
What Purpose Does a Personal Injury Lawsuit Serve?
Every personal injury lawsuit has two goals. The first: Helping those who were injured get financial compensation for their losses that resulted from a defendant’s negligence. Saying that money will be the cure for your emotional and medical pain sounds bad, but here’s the truth: most families get overwhelmed financially once they’re involved in one of these situations. Such things as medical expenses, repairs and other bills pile up immediately, especially when the injured person is the main breadwinner in a family and can’t earn a paycheck because of their injury. Getting money from a defendant can help a family handle these costs that follow an injury. The second goal is for lawsuits to become a means in which victims can hold the defendants in check for their actions. When you hold a defendant accountable for the injuries they allegedly caused, odds are that individual won’t commit the same mistake in the future.
What is a Solvent Defendant?
If a defendant doesn’t have any money, it doesn’t make sense to file a lawsuit, even though you would like to get financial compensation. Take this example: Let’s say a homeless man throws a broken chair from a bridge, it obliterates your windshield you end up rear-ending a car. Even if that homeless person is liable, it makes no sense to sue because that guy doesn’t have the expenses to assist you for your injuries. When a defendant can’t help you with your injuries, the defendant is deemed insolvent in the justice system. A defendant’s insolvency is a horrific & awful experience for those dealing with injuries, but it occurs on occasion.
What you’ll discover is that many times a defendant will say they’re insolvent, but actually have the money to help with your injuries. When some believe they could face an eventual lawsuit due to injuring someone, they’ll do whatever they can to hide their assets so they can come across as insolvent. A lot of businesses will make this choice immediately. If the defendant you’re dealing with is taking this route, and you can’t discover their total resources, odds are that you won’t be able to determine a case’s true value. At Grossman Law Offices, our Cedar Hill personal injury attorneys perform an asset check on the defendant every time we’re working on a case. If there is anything that’s been hidden, rest assured that it will be located.
How is a Personal Injury Lawsuit Won?
A lot of times we find people wrongly believe that just because they were in an injury they’re guaranteed to get paid. That’s just not true, and the Texas Civil Practice and Remedies Code sets the record straight. It states that personal injury victims have the choice to seek compensation, but there no financial guarantees are set in the place. Knowing that the defendant doesn’t have to pay you anything upfront, your objective is to eventually get a settlement or positive verdict.
You’ve probably seen jury trials just like so many others have, whether it’s been on sitcoms or movies, but in the real world cases rarely reach a courtroom. A lot of times they end up in settlements. Settling your case for a fair amount is one option you can pursue if you want to emerge victorious with your lawsuit. If a settlement occurs, what happens is that the defendant will pay an amount that’s been agreed on, even though a judge isn’t participating in the proceedings. Along with the payment, the plaintiff also decides not to pursue any future lawsuit seeking additional damages. If you elect to take a good settlement, you will benefit by saving time, money and having to deal with the unknowns that come with jury trials. However, if you’ve been tricked into a shady settlement that doesn’t seem fair, you’ll never be able to get the compensation you deserved. That’s why it’s critical to hire an attorney so they can examine any settlement that’s involved in a Texas personal injury case. You need to know that most offers you get before you get legal aid aren’t ethical, but they will be binding once you agree to them. Your situation can chance instantly when you agree to help from a DeSoto personal injury law firm that can use their skills to pressure the defendant into awarding you what you truly need.
Obtaining the right compensation isn’t anything like a business deal that happens at your office. This isn’t going toe-to-toe with a car salesman, trying to get him to lower a price for a car you like. You’re only headed for trouble if you assume that you can get a positive settlement because you’ve been a part of negotiating multi-million dollar deals at work. The biggest concern a defendant has is the chance to have to pay you more money, and that could definitely occur if an insurance company is involved. If they throw out an amount, say like $10,000, understand that means they know there’s a chance they could have a jury tell them to pay $50,000. When someone who isn’t an attorney tries to throw their weight around and threaten to sue an insurance company, nothing will change. It’s like saying you could run over an NFL linebacker. They would laugh and ignore you. However, if you were a four-year starter and All-American running back at a major college program and got lots of yards, their attitude would be completely different. The same goes with defense attorneys and insurance companies. The team of Cedar Hill personal injury attorneys at Grossman Law Offices has defeated every big-time US insurance company over a 20-year span. Insurers are quite familiar with us, and usually want to settle cases with our clients than head to court.
There are some instances where settlements aren’t possible, and so cases have to go to court. To be victorious, you have to present facts that clearly demonstrate your burden of proof in four different areas of a personal injury claim. They are duty, breach, causation and damages. Let’s stop and examine each a little more.
The first part to a successful case is properly showing how the defendant should’ve provided a duty of case. We all owe different amounts of care so that we don’t end up hurting others. The most common example of a duty of care is the duty for regular citizens not to harm one another. While the “reasonable person standard” is the most prevalent one in society, the standard will fluctuate depending on the issue and the link between those who are involved in the matter. Let’s take a look at some illustrations where the reasonable person standard can’t be applied:
- If you go to any department store or grocery store you’ll likely see signs around to help stop injuries from occurring. There may be one cautioning you about an impending step, or a wet floor that’s been mopped, or one outside in a parking lot telling you not to keep expensive items in your car. When it comes to our normal lives we don’t think at all about warning friends or family about these things when they visit, so why do businesses take these steps? It’s because store owners have to provide customers a high duty of care - far greater than the amount we give visitors who come to our homes. But let’s say a thief breaks into a Macy’s late at night. Does that owner then have to abide by the same guidelines? The majority of time no. The degree of duty of care directly correlates to a visitor’s intentions.
- Let’s take the healthcare world, and doctors and medical workers who’ve invested years being taught how to properly assist and diagnose people. Because of all their knowledge and ability, we expect these workers to use their gift they’ve developed to come to the proper conclusion with their diagnoses. That’s why you’ll always see that healthcare professionals face a much greater duty of care with their patients compared to other normal professionals. So when they’re on call, doctors have to use the care of a reasonable doctor, and not the kind you find with a normal citizen.
- What’s involved with your boss making sure your work environment is safe? It all depends on the kind of work you’re doing. If you’re an employee on the staff payroll, your employer faces an enormous duty of care and has to make sure you’re safe and have a safe working environment. At the same time, contractors, freelancers and volunteers (there are exceptions where volunteers get a legal duty) are faced with the responsibility of working in safe conditions. Employers don’t have to owe this duty to make sure their work site is safe.
- What degree of caution must be taken when we have people riding in our vehicles? There are states with laws that have established differences between people who paying and others who don’t and know the drivers. In those places, a driver has to be extra cautious with that driver than if it was a buddy needing a lift to work 20 minutes away.
- Children aren’t held to the same level of standards as most adults. A lot of times there’s a lower standard in play, but that involves factors like age and experience. That can change when they’re doing things like driving. In those cases, they have to deal with the same standards as regular adults.
To totally comprehend what’s included in your Texas personal injury case, the best choice you can make is to call a DeSoto injury lawyer. Much of Texas civil law is constructed around joint and several liability. All the means is that lots of people or parties can be responsible for a plaintiff’s injuries and the plaintiff has the option to sue all of them if they choose. You need to go over this with a DeSoto Texas personal injury lawyer so you can make sure no one has been overlooked who’s liable for your injury. If you’ve been hurt in a car wreck, and your car was demolished by a drunk, for instance, Texas law says you can file lawsuits against the driver and the bar that served them beyond the legal limit.
Once the proper duty of care has been established, the next step is to give evidence that proves the defendant broke the duty of care you were owed. When you factor in the reasonable person standard, defendants violate this duty when their actions are opposite those of an everyday citizen, or they decide not to take the normal steps that others do to keep people safe.
There are three instances when defendants tend to violate their duty of care. The first is through a defendant’s negligence. Negligence can occur with a simple mistake or accident. If a defendant exercises poor judgment even for a moment, that individual can be ruled responsible for any actions and what followed after that. Negligence happens when a defendant acts in such a way that someone is injured. Drunk drivers are known as being “grossly negligent” and are found to have violated the duty of care owed to other drivers. Another example is when a defendant willfully violates a duty. Don’t be alarmed when a defendant hurts someone deliberately then has to face justice.
The next part of the process after showing that the defendant breached the duty of care is to then show how their behavior caused your injuries. This gets tough and only more challenging when a lot of people are factors in your injury. A lot of times you’ll discover defendants will move the blame to others, even victims, so they can try and dodge any manner of responsibility. If you don’t have the right kind of evidence that clearly shows the defendant caused your injuries you will be unsuccessful in your case.
The last step in this process is for your lawyers to show how you are deserving of the damages you’re seeking from the defendant. When it comes to Texas personal injury cases, this total is usually contested, so it’s critical to be able to gather your damages and know how to adequately prove your injuries so you can show your totals are on target.
It’s important to have facts to support every part of your personal injury claim. If you don’t have facts to back up even one part of your case, you won’t win and you’ll wind up with nothing in the end. But there are attorneys who experienced in personal injury cases, like the North Texas lawyers at Grossman Law Offices, and they can compile all the key data to have the jury rule in your favor and you end up on the winning end.
What Damages Are Available to Personal Injury Victims?
You will have the choice between two forms of damages when dealing with Texas personal injury cases. One kind is special damages, which are there to help the plaintiff financially. Such things as lost income, not being able to draw a paycheck and medical bills fall under special damages. These are tangible, but compiling them can be stressful. Damages dealing with loss of earning capacity, for example, are there for plaintiffs who can’t get future income because their injuries won’t allow them to work. Yes, you’re probably thinking: Hey, just total that amount by taking the victim’s salary and multiplying it by years left until they retire. That is too easy, though. What isn’t factored in are the chances for promotions and potential raises that could have been rewarded if the victim kept working. You’ll also have to include the time value of money. At Grossman Law Offices, our DeSoto/ Cedar Hill personal injury attorneys are equipped to total special damages and know how to factor in all the critical details.
The other form of damages available are known as general damages, which are there to assist a plaintiff with non-financial burdens linked to their injury such as pain and suffering. Because of this kind of loss, figuring out a price tag can be difficult. In fact, this amount can change dramatically with each scenario, even when you’re dealing with similar cases. To determine an accurate amount for general damages, contact a qualified Cedar Hill personal injury attorney.
How Grossman Law Offices Can Help
Since we specialize in Texas personal injury cases, the DeSoto personal injury lawyers at Grossman Law Offices are able to handle all kinds of these cases. We take care of all the details in our clients’ cases from start to finish. We know what to do to see if the defendants are truly responsible and are determined they be held accountable.
If you want to see about how our DeSoto personal injury firm can assist you, plus get a free consultation, for your individual case, you can reach us toll free at 1-855-326-0000. Since we want to enhance the chances to talk with as many victims as we can, we’re here for you 24 hours a day, seven days a week to examine your case and help you with any questions you may have.