Legal Elements

Foreseeability in a Personal Injury Case

San Antonio Personal Injury Lawyers » Foreseeability in a Personal Injury Case

What is Foreseeability, and How Does it Affect my Personal Injury Case?

Foreseeability is a prerequisite for determining if someone acted negligently. To prove that someone acted negligently you must prove that there was a duty of care, that duty was breached, these actions caused the injury, and that the victim suffered actual damages. The concept of foreseeability is utilized in determining duty of care, breach, and causation. Consequently, foreseeability is basically the foundation for negligence claims. Foreseeability involves knowing that the act or failure to act presented a danger to others. Being able to foresee something is essentially being able to reasonably predict or know in advance that something would happen. Therefore, foreseeability is being able to reasonably predict or know beforehand that your action or inaction would or could cause another person harm.

How Does Foreseeability Affect Duty of Care?

A person is only responsible for your injuries if they first had a duty of care. The court must first determine whether or not the defendant even owed any duty of care. If they rule that they did owe you a duty of care, they are faced with deeper queries. They then must define the scope of that duty of care. For example, if you are swimming at the beach and you begin to drown, the lifeguard has a required duty to protect you. But how far must he go to make sure that you do not die? Does he only have to pull you out of the water and remove you from that danger, or is he required […]

What to Expect in Your Personal Injury Case

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How The Process Works

San Antonio – Laredo Truck Accident Lawsuit

We often find that our clients want to have a good understanding of what to expect in their case. In this article, we’ll walk you through the various aspects of a normal personal injury case.

Contrary to popular belief, it is not as simple as filling a claim and the defendant voluntarily paying you for your suffering. In fact, most defendants will do anything to avoid paying you a fair amount, and your ability to get adequate compensation is based on how well you convince the defendant that a jury would make them pay a large sum of money. Everything done by your attorney is done for that reason.

Finding the Right Attorney

The first thing you will do is talk to one of our experienced attorneys here at Grossman Law Offices so that they can ask you a few questions before scheduling an in-office appointment. They will briefly discuss the details of your claim and get a better understanding about how we might specifically be able to help you.

When you come in for your appointment, we will go over every detail of your injury. We will ask you questions like where you were injured, when you sought medical attention, and how your doctor has treated your injuries so far. If you were injured while working, the outcome of your personal injury claim will largely revolve around whether your employer is a subscriber or a nonsubscriber to workers’ compensation.

The Discovery Process

A large amount of time in personal injury lawsuits is comprised of what […]