I was involved in a rear-end accident. A lady ran into the back of my truck and I sustained upper back injuries. Mr. Grossman took my case and settled it in a matter of days. I would recommend Mike Grossman to anyone in a similar situation because he is a good attorney and prompt. 
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K. Briscoe
Motor Vehicle Accident Case
Dallas Wrongful Death Attorney
Have You Lost a Loved One Due in a Wrongful Death? Dallas Wrongful Death Attorney Michael Grossman Can Help
If you’ve landed on this page, you’ve likely experienced a sudden and devastating loss of a loved one. No one should have to endure such an event, yet, sadly, wrongful deaths occur every day in Texas.
In the aftermath of losing a loved one due to a wrongful death, a bereaved family often experiences a wide variety of emotions, from anger and rage at the liable party to sorrow and sadness over the loss of their family member. Such a family may also experience frustration in regards to the justice of the accident, since wrongful deaths occur due to the negligence of another party. In such instances, seeking legal action may be one of the last issues that a bereaved family may think about in light of their loved one’s loss. However, pursuing a wrongful death lawsuit can bring answers to a number of questions that are often swirling in the minds of the family members that have lost a loved one, questions like:
- How did the accident happen?
- Who’s responsible for the wrongful death?
- How can I hold the liable party accountable for their actions?
- Should I seek a wrongful death lawsuit?
- Is the legal process difficult?
- How can I make sure this doesn’t happen to someone else?
- Do I need to hire an attorney?
Dallas wrongful death attorney Michael Grossman, with 20 years of practice in helping bereaved family members seek justice for their loss through wrongful death lawsuits, offers the following informative article to help answer these pressing questions.
Why Should I Pursue a Wrongful Death Lawsuit?
In many instances where a wrongful death has occurred, a bereaved family often has little notion of why a wrongful death claim should be pursued since they have likely never been in such a situation before. Consequently, they may choose to forgo seeking legal action against the negligent parties, either through naivete, or through a belief that the liable party may have already suffered enough. However, there are at least three important reasons why a bereaved family member should seek to pursue a wrongful death lawsuit against a liable party or parties:
- The wrongful death lawsuit works to hold the liable parties accountable for their actions, or inaction, that resulted in a person’s death.
- The wrongful death lawsuit financially punishes a negligent entity so that they will be more compelled to change or alter their behavior so that similar, fatal accidents do not occur in the future.
- The wrongful death lawsuit allows a bereaved family to seek compensation for their loss so that the financial stress that often occurs after the loss of a loved one does not have to cause further pain to an already grieving family. Such compensation is especially important when a wrongful death may have claimed the life of a primary wage-earner for a household.
When Dallas wrongful death attorney Michael Grossman takes on a wrongful death case in Texas, he and his team at Grossman Law Offices will work to ensure that your family receive fair compensation for your loss while simultaneously working to ensure that the liable parties are well aware of their negligent behavior so that future accidents do not have to result in the death of another person, causing more grief to another family. With hundreds of clients helped over the last two decades, we fully understand that no amount of money can restore your lost loved one to you. However, we hope that our work can help you recover from any financial setbacks that may have occurred due to your sudden and unexpected loss.
Compensation Received Through a Dallas Wrongful Death Lawsuit
The technical goal of a wrongful death claim in Texas is for a bereaved family member to be compensated for the damages they’ve incurred as a result of losing their loved one. Damages refers to the financial losses that such a family may have experienced. Wrongful death cases allow for two types of damages to be sought from a defendant, known as wrongful death damages and survival damages. Properly accounting for both types of damages and including the sum total in a wrongful death lawsuit is an imperative part of seeking full and fair compensation from a liable party.
Wrongful death damages can be sought for items associated with the grieving family members’ loss of their loved one. A decedent’s spouse, children, parents, or other dependents can pursue wrongful death damages. Furthermore, it should also be noted that one wrongful death lawsuit can contain multiple parties seeking wrongful death damages. These types of damages can include any or all of the following:
- Funeral costs
- Medical bills incurred prior to the decedent’s death
- Loss of monetary support previously supplied by the decedent
- Mental and emotional duress caused by the loss of a loved one
- Loss of consortium, i.e. loss of the unique love provided only by the decedent
In contrast, survival damages can only be sought by the decedent’s closest living relative. Survival damages are awarded in regards to the decedent’s incurred damages, before and after death. In other words, survival damages can include damages the decedent would have incurred had they been able to survive the accident that claimed their life. It should be noted that the same person can seek both survival damages and wrongful death damages, as long as that person is the closest surviving relative. Only one relative can seek survival damages, as such a relative effectively takes the place of their lost loved one in seeking such damages. The right to pursue survival damages in Texas starts with a spouse, then goes to children, parents, and lastly to siblings. Survival damages can include any or all of the following:
- Medical costs incurred before the decedent’s death.
- Property damage costs incurred.
- Lost wages.
- Loss of future earning capacity had the decedent possibly suffered a long-term disability.
- The decedent’s pain and suffering.
- The decedent’s mental and emotional stress.
- Disfigurement.
Proving up damages is an integral part to any wrongful death lawsuit in order to ensure that all possible plaintiffs can stand to be fully and fairly compensated for their loss. Often, different legal strategies are required to effectively calculate damages, especially when each plaintiff may be owed varying amounts of compensation. As such, having the legal help of an experienced Dallas wrongful death attorney like Michael Grossman can prove beneficial toward ensuring that all wrongful death damages and survival damages are properly calculated and proven so that the parties involved in the Dallas wrongful death lawsuit are fairly compensated. With two decades of experience in proving up damages in wrongful death cases in Texas, Michael Grossman has both the knowledge and experience to help your family recover fair compensation.
How Do I Know When To Pursue a Wrongful Death Lawsuit in Texas?
As previously stated, family members that have lost a loved one may not know whether or not they have merit in pursuing a wrongful death lawsuit. For a wrongful death lawsuit to be considered legitimate, the four following aspects must have existed in regards to the fatal accident:
- The decedent was killed by the action or inaction of a liable party or parties.
- The liable parties acted negligently in some fashion, which caused the fatal accident.
- The decedent has surviving family members or beneficiaries that can seek survival damages or wrongful death damages.
- The decedent or their surviving family members have incurred some type of financial loss as a result of the fatal accident.
If any of the above-mentioned characteristics did not exist, then a wrongful death lawsuit cannot be pursued. However, if you’re unsure whether or not your situation may qualify in regards to these issues, consider contacting the Dallas wrongful death attorneys of Grossman Law Offices at our toll-free number, 1-855-326-0000, for a free consultation.
It should also be noted that a plaintiff can pursue a wrongful death lawsuit against a liable party, regardless of if that party may also be facing criminal charges for the same fatal accident. For example, a distracted driver may run into a pedestrian, causing that pedestrian to die. In such an example, the driver would likely not face criminal charges, but the family of the pedestrian could bring a wrongful death lawsuit against the negligent driver for their loss. If that driver had been drunk at the time of the fatal accident, the drunk driver would likely face criminal charges.
In such an instance, the pedestrian’s family could still seek compensation for their loss through a wrongful death lawsuit. When criminal charges are not pressed, a wrongful death civil suit is the only way to seek justice and hold the liable parties accountable for their negligent behavior.
Challenges to Pursuing Dallas Wrongful Death Lawsuits
Certain challenges arise in every type of wrongful death lawsuit. However, there’s a difference between being surprised by these challenges and being ready to tackle these challenges. With two decades of experience in wrongful death law, we’re well-aware of the common issues that often arise in wrongful death lawsuits in Texas. Consequently, we can help you through these issues so that they don’t have the opportunity to result in a denied claim or a dismissed case. For example, wrongful death claims are often worth a sizable sum of money. As a result, the insurance adjusters and defense attorneys on the opposition’s side will attempt every method they know in order to exonerate themselves or their client. They simply do not want to award such sizable compensation that could make a very large dent in their bottom-line. Such adjusters and defense attorneys often have their eyes on the financial impact to their own interests instead of attempting to help a bereaved family through a difficult time. This is one of the main reasons why having the help of an experienced Dallas wrongful death attorney like Michael Grossman can be vitally important in a wrongful death lawsuit. You will need someone who is familiar with the opposition’s tactics, and someone that can be aggressive when necessary in order to defend your rights. These types of insurance adjusters and defense attorneys will be well-experienced and highly-prepared to tackle your case. Ensure that you have likewise experienced and knowledgeable legal help on your side before attempting to take on these high-powered professionals.
One of the additional challenges to building a successful wrongful death case is time itself. Relevant evidence can go quickly missing as time passes. Evidence can even be removed, deleted, erased, or otherwise altered by those that simply do not want to be caught. Key witnesses can become more difficult to track down as time goes by. As such, one of the most beneficial actions that an aggrieved party can take in the aftermath of losing a loved one is to contact a Dallas wrongful death attorney that can quickly begin an exhaustive investigation into the fatal accident that claimed the life of their loved one. When the Dallas wrongful death attorneys at Grossman Law Offices are hired to investigate a wrongful death, we will procure as much evidence as possible in order to build a substantial case on your loved one’s behalf. Since they’re no longer able to speak for themselves, the evidence obtained through a thorough investigation must be able to speak for them. By contacting us quickly after a fatal accident, we can begin working to build such a strong case.
Medical Malpractice Wrongful Death Lawsuits
Additional challenges can arise in specific types of wrongful death lawsuits, such as those involving medical malpractice. For example, recent medical malpractice tort reform in Texas placed a cap on the amount of damages that a plaintiff can receive for their loss of a loved one due to medical malpractice. In such instances, our firm will work to hold the medical professional liable for their actions while also looking to see if other liable parties may have been involved, since caps may not exist in regards to the damages that can be sought from other liable parties. Many attorneys in Texas refuse to work medical malpractice claims because of the tort reform, or due to the amount of work often required of these types of wrongful death case. However, the medical malpractice lawyers at Grossman Law Offices are ready to work hard so that you can stand to receive full and fair compensation for the loss of your loved one, and so that similar medical malpractice does not have to result in the death of another person caused by the same negligent medical professional.
Workers’ Comp Wrongful Death Lawsuits
Specific challenges also arise when a worker is killed while on-the-job. If the worker’s employer was liable for the fatal accident, and the employer was subscribed to workers’ comp, then the bereaved family can receive compensation for their loss through the workers’ comp process. However, such compensation is often less than adequate to cover a family’s financial losses. As such, our firm can investigate a fatal workplace accident in order to ascertain whether or not other liable parties, who likely aren’t protected by worker’s comp, may have been involved in the fatal accident. If the workers’ comp employer was grossly negligent in causing or contributing to a fatal on-the-job accident, then the workers’ comp policy no longer applies, and an aggrieved family can sue the employer. However, proving gross negligence requires quite a high standard of proof in that it must be shown that an employer was well-aware that an accident could happen, and yet did little to nothing to rectify the situation. Lastly, if the employer is not covered by worker’s compensation, the bereaved family can sue the employer through a wrongful death lawsuit. In each instance, specific legal knowledge regarding the rather complex work injury laws in Texas must be utilized if the plaintiff hopes for a successful outcome to their Dallas workplace wrongful death case. With 20 years of experience in both wrongful death and workers’ comp cases, Dallas wrongful death attorney Michael Grossman can help the family of a killed employee seek justice against the employer and seek compensation from the liable parties.
Dallas Wrongful Death Attorney Michael Grossman Can Help
Suffering the unexpected loss of a loved one can turn your world upside down. We understand that you’re likely going through an emotionally difficult time in which you likely have many more questions than easy answers. We can help you found out those answers. We can also help you seek justice against the liable parties so that future fatal accidents do not have to occur, causing more grief to be suffered by another family. We will also work to ensure that your family can stand to receive full and fair compensation for your loss so that financial stress does not have to compound the pain and suffering you’re likely already experiencing. We have two decades of experience in going against veteran insurance adjusters. As such, they will often work with our demands in seeking a fair out-of-court settlement for your wrongful death case. When such a settlement is offered, it means that you don’t have to step foot into a courtroom, resulting in a savings of both time and money. If a trial case is necessary, we will be well-prepared to defend your loved one’s rights, and your rights, in such a setting. We can be aggressive when necessary in going against defense attorneys that will likely attempt to pin blame for the accident on the decedent. Through our thorough investigations that can procure relevant evidence, we will work to defend your loved one from their arguments.
Should you have more questions in regards to possibly pursuing a wrongful death lawsuit against the liable party or parties responsible for your loved one’s death, consider contacting Dallas wrongful death attorney Michael Grossman and his team at Grossman Law Offices at 1-855-326-0000, toll-free, for a free and confidential legal consultation. We have the experience, knowledge, and reputation that can help you seek justice against the negligent parties that caused your loved one’s passing.
(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.
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(policy limits) An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle's occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.
$300,000.00
$132,000.00
$0.00
(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.
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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
Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man's death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.
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Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.
Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.
Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
$250,000.00
$82,500.00
$10,000.00
(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
(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
(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
(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