McKinney Personal Injury Lawyer

If you suffered some type of injury because of another person’s negligence or carelessness, you might be interested in seeking compensation and justice through the use of a personal injury lawsuit. Representing yourself in this type of lawsuit is never easy, and requires an experienced attorney to make certain that you received the full compensation you deserve for your injuries.

Regardless of this fact, people will often feel that they can be successful in representing themselves only to find out that they are in over their head when it is too late to save their case. McKinney personal injury lawyer Michael Grossman of Grossman Law Offices is providing the following article to provide an explanation on what a strong personal injury case contains and how a firm such as Grossman Law Offices can be helpful in building your case so that you will receive a fair settlement for your injuries. This article is general in nature and is not intended to be a substitute for legal help.

WHAT IS A PERSONAL INJURY LAWSUIT?

Most the time when someone is injured because of another person’s actions or inaction the victim of the accident can file a McKinney personal injury lawsuit. There are, however, conditions that must be met first. These conditions include:

• The victim, or plaintiff as the victim is known in legal terms, was owed a duty of care by the defendant.
• The defendant violated the duty of care that the plaintiff was owed.
• The defendant’s negligence caused the plaintiff’s injuries.
• The plaintiff suffered damages in the accident.
• The defendant has the means with which to provide compensation to the plaintiff.
• The statute of limitations for the accident has not expired.
• A duty of care towards the victim has to have been violated. A duty of care is something that every person is obligated to do in order to be certain that their actions do not put someone else in danger. There are times that this duty of care is explicit, such as a doctor that is required to do everything that he or she can for his or her patients health. If the doctor does something that is against the patient’s best interest the doctor will have violated the duty of care that was owed to his or her patients.

There are other times that a duty of care is not explicit, such as motorists that are accountable for being certain that their driving is responsible and does not present a danger to other motorists, pedestrians, or anyone else. Also, the defendant in a personal injury lawsuit must be a proximate cause to the injuries of the victim. This means that without the defendant’s negligent action or inaction, the victim would not have incurred an injury. For example, when a drunk driver collides with a pedestrian, the driver is probably the proximate cause to the injuries of the pedestrian. The driver also violated the duty of care that was owed to the pedestrian by driving under the influence. Because of this, liability is established, which is one of the elements necessary in any personal injury case.

It is possible though that there is more than one proximate cause in a personal injury case. In the example used above, the bar where the drunk driver consumed the alcohol could also be a proximate cause because it served the driver to the point of intoxication and then allowed the drunk driver to leave and operate a motor vehicle. There are many times that a lawsuit will involve multiple defendants because of cases such as this and we will make certain to do a thorough investigation in every case so that we can identify every party that bears responsibility for our client’s injuries.

A victim has to have suffered some sort of damages in the accident in order to have a strong personal injury case. These damages can be tangible financial damages such as medical bills, lost wages, damage to property, and other types of damages. The damages can also be more intangible, such as pain and suffering, disfigurement, or loss of earning capacity. In your case, you will have to provide evidence of their damages. This can be difficult, particularly in the case of intangible damages. It is also important to remember that the defendant will also calculate a damages amount in case the plaintiff is successful in their case. The defendant’s calculated damages amount will always be a great deal less than the plaintiff’s calculated amount so it will be up to the plaintiff to provide the needed proof this their amount is actually the correct amount of compensation for their damages.

Also, a personal injury case must have a defendant that is solvent in order to be successful. A solvent defendant is a party that is responsible for a victim’s injuries and has the financial resources or assets with which to make compensation to the victim. The financial resources might include cash, expensive assets, or insurance policies. A plaintiff cannot receive any compensation for their injuries without a solvent defendant. The liable party has to have the means with which to compensate a victim for their injuries.

Very often defendants will try to hide their financial resources when they have caused an accident. These defendants know that if they are not solvent, they cannot be sued. It is very difficult for a non-attorney to provide evidence that a person is solvent when the person is actively attempting to hide their resources. The McKinney personal injury lawyers at Grossman Law Offices have seen just about every underhanded trick in the book and we can usually uncover the financial resources of the parties responsible for your accident if they are making an attempt to hide their resources. We have over 20 years of experience investigating defendants so we can ensure the defendants in your case will be unable to hide the resources. We will make certain that the every party responsible for your accident is held accountable and that you receive the fair compensation that you deserve for your injuries.

We will also do the work necessary to build a comprehensive demand packet and prove up damages in your case. This is a legal process that is extremely complex and if not handled correctly it can make a huge difference on how much compensation that you will receive for your injuries. When done correctly by an skilled and experienced attorney, it can be certain that the full extent of your damages are accounted for and that you get the largest possible settlement for your injuries. It is very often extremely difficult to estimate the true cost of an injury because many injuries can have long-term financial and personal effects. We make certain to take this into consideration and get expert witness testimony from doctors and other medical personnel as needed to be able to prove the full extent of your injuries. We can help you make certain you get the full compensation you deserve for your damages; often even for damages that you might not even know existed.

And finally, in order to bring a successful personal injury case, the statute of limitations in the case cannot have expired. The statute of limitations is the time limit an accident victim has in which to file a claim in a personal injury case. In Texas, the statute of limitation in every personal injury case in two years from the date of the accident. There are times that a court will extend the statute of limitations in a personal injury case, but these instances are extremely rare so you should not even consider that it could happen in your case. It is vitally important that you not allow the statute of limitations expire in your case. Otherwise, you will lose any chance at getting the compensation that you deserve for your injuries.

CAN I REPRESENT MYSELF AND AVOID PAYING ANY LEGAL FEES?

If you needed a heart transplant, would you perform the surgery on yourself? If someone you cared about had a broken leg, would you set the bone and put a cast on it yourself? Of course you wouldn’t. These are things that take a professional who has been to school and has experience so they are done correctly with the best possible outcome. Just as in these instances, you should not attempt to represent yourself in court if you have no legal experience. Yes, it’s true, our firm does charge legal fees, but only in the case that we are successful in securing a settlement for you and even after the legal fees, your settlement will be much greater than you would have gotten if you had attempted to litigate your case on your own. At Grossman Law Offices, we have been investigating and litigating McKinney personal injury cases for more than 20 years and we know of a great many cases where an accident victim has chosen to represent themselves in court. We have yet to hear of one of these instances being successful. People often believe that in order to win a personal injury lawsuit, all they have to do is know the law. They think they can do a simple Internet search to gain the knowledge needed to be successful in getting fair compensation for their injuries. This is a huge misconception. If you had to, would you know how to respond to a list of admissions? Would you know what the contents of a demand packet must include? Would you be able to prove up all of the damages that are associated with your case? If you cannot answer these questions, you do not have the experience that will be needed to represent yourself in your case.

The fact of the matter is, insurance companies are just not afraid of you, or any non-attorney. They know that a non-attorney cannot file a strong personal injury lawsuit in McKinney. Insurance companies know that their defense attorneys have the skill and experience from fighting against accident victims claims every day. They know that against these professionals, a non-attorney has zero chance of winning. Their defense attorneys know every technicality that can be used to trip up an accident victim that is representing themselves because of the victim’s unfamiliarity of the legal process.

It is very important that you not allow this to happen to you. It does not matter to the court that you are a non-attorney and inexperienced in court procedures. You what will be expected to uphold the same standards that an experienced attorney would be held to if you try to represent yourself in court. Let the experienced lawyers at Grossman Law Offices help you as you seek the compensation you deserve for your injuries. We have more than 20 years of experience in litigating all types of personal injury cases. We want to help accident victims get the compensation that they deserve for their injuries. We have filed successful suits against almost every major insurance company in the nation. Their claims adjusters know who we are and they know our reputation for success. We are very often able to frighten them into offering our clients a fair settlement in their case. Very often we secure a sizable settlement for our clients without having to take the case to court because of our reputation and history for success. If you have been injured in an accident, let the professionals bring the parties responsible for your injuries to justice. Contact McKinney personal injury lawyer, Michael Grossman and his professional staff at Grossman Law Offices today at 1-855-326-0000 toll free, so we can help you get the full and fair compensation that you deserve for your injuries. Getting the legal help you need in your case will allow you to have the peace of mind and time you need to get your life back on track. We are available twenty-four hours a day, any day of the week to talk to you about your case.

By E. Michael Grossman