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.