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.' 
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J. D. Dodd
Commercial Vehicle Accident
Dallas Wrongful Death Lawyer
Have You Lost a Family Member Due to Negligence? Call Us and Discuss Your Case With Us Today
- The Purpose of a Wrongful Death Lawsuit
- When is a Death Considered a "Wrongful Death"?
- Common Causes of Wrongful Deaths?
- How do I Know if my Loved Ones Death was a Wrongful Death?
Losing a loved one is the hardest experience that most people will ever endure. This is especially troubling when you know that someone else is to blame. If you have lost a loved on due to the acts of another the Dallas wrongful death lawyers at Grossman Law Offices can help you bring them to justice.
Wrongful death cases are highly technical cases and are based on complex legal statutes with many areas of overlap. As such, a wrongful death case is most certainly a matter that requires an experienced personal injury attorney to have any chance of success.
A Texas Wrongful Death Case Generally Develops in This Manner:
- A person dies due to the actions or inaction of another.
- The family of the victim procures the services of an experienced law firm such as Grossman Law Offices.
- Grossman Law Offices conducts an investigation to determine the specific cause of death and to identify ALL responsible parties.
- Upon completion of the investigation law suits are filed against ALL responsible entities.
- Grossman Law Offices works diligently to build a case against the responsible parties including but not limited to preparing witness statements, acquiring expert witness and liability expert accounts, acquiring financial expert testimony, deposing defendants and their agents, etc.
- Grossman Law Offices goes head to head with the responsible parties and their attorneys.
- The case is either settled out of court or a verdict is reached in a trial by jury.
- As a result of the case, the responsible parties are forced to compensate the family of the victim and/ or they are forced to modify their conduct to ensure that NO ON ELSE SUFFERS THE SAME FATE.
With so much at stake in such a complex area of law it is easy to see why so many families rely on the experience of Grossman Law Offices team of Dallas wrongful death lawyers to help them achieve a legal victory.
What is the Purpose of a Wrongful Death Lawsuit?
The purpose of a wrongful death lawsuit is to hold the guilty parties responsible under the setting of civil law. In most cases the guilty party is forced to compensate the victim's family for their loss. An additional goal in every wrongful death case that we handle is to force the guilty party to change their ways so that no one else has to suffer the same way.
In our experience, most family members want to know that their loved one did not die in vain. Our firm fights not only to make sure that the guilty parties compensate the family for their loss but also to make the world safer for everyone else.
If Someone Causes a Death, Why Aren't They Sent to Jail?
When the guilty parties actions that caused the death are not considered deliberate enough to be considered criminal acts they are not subject to criminal law. Wrongful death statutes were put into effect to ensure that even though the guilty party will not face criminal charges, they can still be held responsible in other ways. Intent is usually the determining factor.
This can get a little confusing to non-attorneys, but some criminal acts that result in death fall under the category of wrongful death as well. For example, if someone doesn't see a stop sign and they cause a car accident that kills the other driver that would be a death that was purely due to negligence or carelessness and not deliberate enough to result in criminal charges.
However, if someone deliberately murders someone else they would face criminal charges and they may ALSO face a wrongful death lawsuit as well. In other words almost all criminal acts that result in death are a form of wrongful death but not all acts that result in death are considered to be criminal.
When is a Death Considered to be a "Wrongful Death"?
A death is considered to be a wrongful death when the victim dies as a direct result of the careless, negligent, wrongful, or reckless act of a person, a company, or a municipality.
Intent is really the determining factor. Even criminal acts that result in the death of another person can result in a wrongful death claim. This get's a little confusing to non-attorneys. To put it simply, when someone dies but was not deliberately killed it is not considered to be criminal, rather it is a civil matter. When someone is deliberately killed that can be a form of wrongful death as well.
Many years ago wrongful death cases did not exist in America and it was believed that a person's right to seek compensation died with them. Individual states began to compose their own wrongful death statutes to ensure that the dependents of the victim are not financially burdened by the loss of the victim and that the guilty parties would not simply "get away with it".
What are Common Causes of Wrongful Deaths?
- Automobile Accidents (car accidents, trucking accidents, motorcycle accidents)
- Work Related Accidents (construction accidents, heavy equipment accidents, industrial accidents, explosions)
- Premises Liability (death occurring on property under such circumstances that the property owner is liable)
- Dram shop (bar or restaurant serving an excessive quantity of alcohol to someone resulting in death to themselves or others)
- Negligent Supervision (death resulting from those in charge not properly supervising minor children or those who are mentally unfit)
- Medical Malpractice (death resulting from misdiagnosis or poorly executed treatment or medical procedure)
- Criminal Attack (murder, manslaughter)
The key element in a wrongful death claim is not necessarily the way that the victim died, rather the circumstances surrounding the victim's death. For example, a child drowning in a public pool may genuinely be a tragic accident with no one truly at fault. On the contrary, a child drowning while in the care of a neighbor could result in a wrongful death lawsuit on the grounds of negligent supervision.
How Long do I Have to File a Wrongful Death Suit?
While it can vary from case to case depending on the specifics, the Texas wrongful death statute of limitations is two (2) years. The family of the decedent has two years after the death occurs in which the family may file a wrongful death suit in the state of Texas. If your loved one died more than two years ago, don't give up without calling us first. We may be able to find a "loop hole" of sorts to get your case moving forward.
How do I Know if my Loved Ones Death was a Wrongful Death?
The laws that serve as the foundation for wrongful death cases are multi-faceted and have many specific details and limitations due to overlapping statutes resulting from tort reform, the workers compensation act, etc. There are many situations where a wrongful death has clearly occurred but the surviving family members do not have any legal recourse due to a specific technicality. (for example: If an employee dies at a job that subscribes to workers compensation insurance, the victim's parents may not have a right to file a wrongful death suit. This technicality was enacted as a part of the Texas Workers Compensation Act.)
Conversely, there are many times where someone dies in such a way that does not appear to be a wrongful death, but a technicality exists that enables the family to seek compensation from someone not directly associated with the cause of death (for example, a loved one may go to a bar that serves them an excessive amount of alcohol and they later lose their life in an alcohol related accident. The family would have a wrongful death claim against the bar under a dram shop cause of action.)
Because this type of law can be so confusing, it is important to speak to an experienced attorney that is familiar with the most up to date interpretations of the law. Our attorneys are available to hear your story and let you know where you stand.
Our attorneys were hired to represent the family of a middle aged woman who was killed in a car accident. The incident occurred as another vehicle struck the car that the decedent was a passenger in, head-on on the passenger side. The impact resulted in catastrophic injuries which claimed the life of the decedent.
Our attorneys were hired soon after the accident and we launched a full investigation. Through the course of our investigation, it was soon determined that the head-on collision was caused a failed component in the defendant's vehicle (the particulars of which cannot be elaborated upon per the resolution agreement). Suit was filed against the manufacturer of said component and litigation commenced. The case was successfully resolved through litigation.
$3,200,000.00
$1,280,000.00
$50,000.00
(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
(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
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
$97,500.00
$48,750.00
$0.00
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 attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
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Confidential
Confidential
(policy limits) Our firm was hired to pursue an intoxicated driver who killed an elderly school crossing guard. The fatal accident occurred as the decedent was escorting a woman and her child across the roadway through a crosswalk. The defendant then sped through the school zone, in an intoxicated a state, and struck the decedent who died on the scene.
The family hired our firm to investigate and pursue the defendant under a wrongful death cause of action. Following our investigation and preliminary vehicle inspection, our attorneys issued a Stowers' demand to the defendants. A significant factor in resolving this claim is that merely days before we submitted our demand to the defendant' insurance carrier, we won a large case against the very same insurance carrier, which was one of several such victories secured against the carrier in our firm's history. Our threats of litigation were therefore heeded and the defendants offered policy limits to settle the claim without the need to file suit.
Confidential
Confidential
Confidential
Recovery for the father of a young man who was killed in a car accident.
$95,035.00
$31,678.00
$25.00
(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
(policy limits) Recovery for wrongful death/ nursing home negligence which resulted in bed sores which became infected.
$100,000.00
$33,133.00
$400.00