I was in an accident with an 18-wheeler.I was searching for a good lawyer on the web and I came to Mr. Grossman's website. I read it and I thought 'This is who I need.' I didn't know what to expect because I had never been in an accident like this before--actually, I was trying to work the case myself and it wasn't going so well. Fortunately, I talked to Mike and he was able help me out. He did an outstanding job.
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J. D. Dodd
Commercial Vehicle Accident
Cerebral Palsy Related Wrongful Deaths
Attorney Michael Grossman can Help if Your Child has Been Afflicted with Cerebral Palsy
In and of itself, cerebral palsy is not fatal. While crippling and debilitating, cerebral does not immediately kill a baby. However, in severe cases of cerebral palsy, the child can live an extremely short and unhappy life.
Cerebral palsy (CP) is an all-encompassing term that refers to a number of different conditions that afflict the muscular and nervous systems in the body after a brain injury during fetal development or early childhood. The injury will become evident within months of occurring as the parents begin to slowly notice problems with body movement, muscle coordination, neurological communication, and posture. These problems will persist and worsen if not treated throughout the child’s life, for there is unfortunately no cure for CP. The only way to deal with CP is through constant physical therapy, care and adaptive technologies and accommodations.
Types of Cerebral Palsy
Different types of CP occur in children when different portions of the brain are injured in various ways but all are characterized by some degree of body tremors from partial to full-body. While not all causes of CP are known and understood, medical professionals do know that a lack of oxygen to the brain at various times during development, birth, or early childhood can cause the condition. The four types of CP are:
Spastic Cerebral Palsy - Spastic CP is caused by an injury to the motor cortex of the brain and is evident from the stiff, jerky moments of the muscles and body of those afflicted. Making up 70 percent of all CP cases, spastic cerebral palsy is by far the most common form. The overly taught musculature of spastic CP sufferers causes them to suffer abnormal movements, and there are two subsets of spastic CP: spastic hemiplegia and spastic diplegia. With spastic diplegia, only the lower half of the body is affected, and the child is forced to “scissor walk” or walk on their toes. Often they, need the help of crutches to get round. The muscles in the upper body are unaffected, but the spastic CP sufferer will also be afflicted with nearsightedness.
Spastic hemiplegia, on the contrary, involves a child who has only one side of his or her body affected by CP. Only one side of the brain was hurt, and this injury manifests itself with spastic movements on one side of the body. Spastic hemiplegics generally have the best ability to walk of all CP sufferers.
Ataxic Cerebral Palsy - Making up only 10 percent of CP cases, ataxic cerebral palsy results from damage to the cerebellum and is characterized by a lack of balance and struggles with fine motor skills like writing, eating with utensils, or using scissors. The weakened muscles that typically occur in ataxic CP sufferers usually cause delays in developmental milestones in a child’s movement, like an inability to stand or trouble standing without a wide stance. Children with ataxic CP also can have slurred speech, a lack of depth perception, unstable walking, and a trouble controlling volume of speech.
Dyskinetic Cerebral Palsy - Also referred to as athetoid cerebral palsy, about 20 percent of CP sufferers have dyskinetic CP, which afflicts the child with uncontrollable body movements. Again, developmental delays will tip parents off to the presence of dyskinetic CP as the child will struggle to hold onto objects, stand on his or her own and displays jerky movements. As this form of CP only results from damage to the extra-pyramidal region of the brain caused by untreated bilirubin levels, it usually results from medical malpractice. The most debilitating form of CP, dyskinetic CP requires the most therapy and accommodation.
Mixed Cerebral Palsy - In rare cases, several different areas of the brain are affected, leading to mixed CP and the child exhibiting several different symptoms. Some people with severe cases of mixed cerebral palsy that are not adequately treated can anticipate a short and challenging life.
When is Cerebral Palsy Actionable?
Filing a personal injury or wrongful death lawsuit in the event your child is afflicted with CP can only be successfully accomplished if a medical professional was responsible for the injury. As the plaintiffs, the baby’s parents have the burden of proof for establishing that the injury was caused by a medical professional who was charged with the duty of caring for the baby and breached that duty resulting in the child developing CP. To do this, you need a skilled medical malpractice attorney to review all of the medical records from the beginning of pregnancy through labor, birth, and then the child’s early development. Only one-third of CP cases stem from medical malpractice, so you need an expert to be able to determine if you have a legitimate claim. At Grossman Law Offices, we will bring in one of the medical experts we’ve come to rely upon in the past 20 years to review your case and look for indications of medical malpractice and negligence.
Pursuable Damages
If medical malpractice caused your child’s CP, then you have the right to be compensated for the expense you will need to invest throughout his or her life to allow your child to cope with the affects of cerebral palsy. Moreover, your child deserves compensation for the limited enjoyment of his or her life that result from the presence of CP.
If your child dies from complications of CP at a young age, then your family also has the right to pursue wrongful death damages and survival damages in a comprehensive lawsuit if the negligence of a medical professional caused the condition. However, as we mentioned, this is extremely rare. Wrongful death damages allow the parents of the child to seek compensation for their own suffering as a result of their loved one’s death, while survival damages permit the closest living relative to pursue compensation for the child’s suffering and may be pursued by the child’s sibling if the parents are no longer living or able.
Wrongful death damages may include compensation for:
- Funeral expenses.
- Loss of familial love and consortium.
- Mental anguish of the parents.
Survival damages may include compensation for:
- The child’s pain and suffering.
- Medical expenses.
- The child’s mental and emotional anguish.
In Arkansas, the standard of proof in medical malpractice cases is high, and in Texas tort reforms have made it even higher. It’s not easy to prove the value of a mother’s mental anguish at losing her son – you need the help of a time-tested medical malpractice attorney or you risk ending up with far less than you deserve or nothing at all.
At Grossman Law Offices, we’ve been dealing with sneaky defense lawyers and tough insurance adjusters for two decades. We can protect your rights if your child has died from complications stemming from cerebral palsy and make sure your family gets what it deserves. We’ve already litigated cases and settled medical malpractice issues for hundreds of clients in Texas and Arkansas, securing millions of dollars in the process for grieving families and injured victims. If you hire our firm, you’re gaining the power of a long track of success that inspires serious negotiations with insurance companies. To find out how we can help you recover compensation after your child has been afflicted with CP or if you have the right to pursue compensation after such an injury, call us now for a free consultation at 1-855-589-5645 (toll free). You can tell us your story, and we will answer your questions and explain how we can help.
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Confidential
Confidential
Confidential
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
Recovery for client who was sexually harassed by a medical provider.
$40,000.00
$16,000.00
$575.00
(policy limits) Recovery of a disputed life insurance policy for the family of a contractor who died on the job.
$150,000.00
$50,000.00
$341.00
A young handicapped woman lost her life when a long-term care facility failed to provide her with treatment for obvious symptoms of severe illness. The defendants maintained that there were no outwardly visible signs of illness. The medical evidence showed otherwise. The case was successfully resolved through litigation, though damages caps imposed by tort reform were a factor.
$400,000.00
$132,000.00
$25,000.00
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
(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
Recovery for family of victim who died after receiving the wrong medication.
$625,000.00
$206,250.00
$5,000.00
(policy limits) A husband and father of three was killed when the driver of an 18-wheeler veered into oncoming traffic, striking the young man's vehicle and several others. The defendant was employed by a small construction company that operated only a single 18-wheeler. As such, the defendants were largely underinsured and were not financially solvent.
Furthermore, the defendants had an eroding insurance policy and numerous other parties were intent upon filing claims of their own since the 18-wheeler struck multiple other vehicles. This created the need for an aggressive and rapid response before the other claimants could erode the policy.
Defense counsel made it clear that they wished to litigate the case despite the insurmountable liability arguments that our attorneys presented. They intended to designate a third party as a responsible defendant since the accident happened in a construction zone, even though it was abundantly clear that the construction zone played no role in the crash.
Additonally, the defendants made it clear that they wished to downplay the extent of the damages by virtue of a character assasination on the decedent. Fortunately for our clients, our firm has successfully litigated against the defendant's insurer in nearly a dozen cases, so the carrier was quite aware of our courtroom capabilities. We presented a sample lawsuit to the defendant's insurance carrier and informed them that the lawsuit was to be filed the moment that they refused to settle.
Additionally, our attorneys submitted a Stowers' Demand with a brief window of time for the defendants to respond. We made it abundantly clear that we intended to seek punitive damages and that we would assert the full limits of the carrier's exposure under the Stowers' Demand should the carrier not offer policy limits.
The defendant's attorney adamantly persuaded the carrier to litigate, however, our attorney's threats of litigation, past track record, and incredibly aggressive pre-litigation actions convinced the insurance carrier to disregard their own attorney's advice and to settle the case, lest they face our attorneys in court.
Had our clients been represented by virtually any other firm who did not have our specific track record or who would have not recognized that this case required special and immediate attention coupled with an abnormally aggressive stance, the client's would have certainly been tied up in litigation for years, with the limited supply of funds rapidly depleting since the other claimants who did not need to litigate would have essentially had right of first refusal.
$1,000,000.00
$333,333.00
$0.00
(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