Tyler Car Accident Lawyers
Unfortunately, car accidents happen every day, many on rural roads like those around Tyler. When someone is injured in a car accident, he should be compensated for his losses, and the other party or parties should be held accountable. Tyler Car Accident Attorney E. Michael Grossman and Grossman Law Offices have won more than 1000 car accident cases, and secured millions of dollars for their clients. We have handled all kinds of car accidents in Tyler and across Texas, including those involving 18-wheelers, multi-vehicle, and those resulting in catastrophic and Traumatic Brain Injury.
To bring a valid car accident lawsuit, one must show that the party he is suing didn’t uphold an obligation they had to cause him no harm (negligence). He must also show that his injury was caused by that negligence. If he can do this, he may receive “damages,” money for his losses like:
- Medical Bills
- Lost Income
- Future Medical Bills
- Future Lost Income
- Loss of Companionship
- Funeral Costs
- Pain & Suffering (Physical, Mental and Emotional)
- Disability
- Disfigurement
There are two kinds of damages that can be awarded in a car accident case: compensatory (money/pecuniary) and punitive (money/exemplary). The first is given to cover the victim’s losses like medical bills and lost wages. They can be either general or special damages. General damages are harder to prove like future costs of medical care for a Traumatic Brain Injury that may get progressively worse. Special damages are more concrete, tangible financial losses like medical bills and lost income. Punitive damages are more rare and are awarded to punish the wrongdoer and send a public warning about his behavior.
What If I’m Partly At Fault For the Accident?
A bar to recovering damages in Texas, however, is called Modified Comparative Fault. It’s a defense that claims the victim is at least 50% responsible for his own injuries. A driver who was speeding when he was hit by another car, for instance, may also be responsible for the wreck. If a person is 50% or more responsible under Modified Comparative Fault, he can’t recover for damages. This is “Modified” from Pure Comparative Fault, which says a person may recover as long as he is not 100% responsible for his own injuries. Sometimes the percentage of fault is not always clear. A qualified car accident attorney knows how to fight this defense.
Another complex legal issue that will require the skill of a competent, experienced lawyer is the issue of who to sue for your car accident. Some incidents are straightforward like a two-car crash between two insured drivers. Often they are more involved than that, however. Many times third parties can and should also be held responsible. The owner and bartender of the bar that over-served the drunk driver that caused the accident, for example, is also responsible for the accident. Or perhaps, the company that owned the other vehicle driven by their on-duty employee can be held liable as well.
What If Someone Was Killed In The Accident?
Should the unimaginable happen and someone be killed in a car wreck, then his spouse, child or parent may have a wrongful death action under the Texas Wrongful Death Act, for which he may recover for his own losses resulting from his loved one’s death. Perhaps a wife had a nervous breakdown when her husband was killed. She could recover for any medical bills, or for any income she lost for missing work after his death, or for funeral and burial costs, and pain and suffering. Recovery also includes things like any lost future income she would have received had her husband lived.
Additionally, a legal representative of the decedent’s estate may sue under the Texas Survival Statute to recover for losses incurred directly by the victim from the time of his injury to the time of his death. These include his medical bills, lost income, and pain and suffering. Calculating these damages can be difficult, especially for things like future medical bills and future lost income. Grossman Law Offices have the resources and connections with experts, medical and vocational professionals, investigators and engineers necessary to gather evidence and build a strong, aggressive case on your behalf. We have an in-house trial prep team to give our attorneys an extra edge in the courtroom, and a 24-hour emergency response team. We’ve been winning car accident cases for 23 years, so call us toll-free at 1-855-258-1111 and let us put YOU on the road to recovery.
Information presented by attorney E. Michael Grossman
