I went online, you know, I like to see what other people have said and then when I came in and met the attorney I was impressed and decided to go with him. [If someone I knew was ever injured] I would say 'Here is a business card for my attorney. You should call him.'
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J. Thompson
Premises Liability Case
Elderly Wrongful Death Lawyer
Can I File a Wrongful Death Claim in Texas for an Elderly Family Member’s Death?
In a vast majority of Texas wrongful death claims, there are often large financial losses that the family members that have lost a loved one may have incurred.
However, in the instance of a wrongful death of an elderly person, the financial losses incurred are often less severe, but that does not mean that a wrongful death lawsuit against a negligent party should not be pursued. In such claims, damages sought are often for the emotional or mental stress experienced by the victim or the victim’s family. Such pain and suffering can be compensated for through a wrongful death lawsuit in the event of an elderly family member’s wrongful death.
Common Causes of Elderly Wrongful Deaths
Wrongful deaths that result in the passing of an elderly loved one can happen in a variety of ways, from the negligent behavior of caretakers entrusted with providing for such an individual, to tragic news stories that seem to occur all too often involving nursing home abuse. Lack of proper care can also be a contributing factor, such as when bed sores form and cause infection leading to a death. Additionally, elderly loved ones can suffer a wrongful death as a result of medical malpractice, in which the medical professional responsible for their care can be held liable for their death, depending on the specifics of their passing.
In regards to medical malpractice suits, it should be noted that recent tort reform has made seeking compensation through such a lawsuit somewhat challenging. The changes were enacted in order to prevent frivolous lawsuits from being brought against medical professionals, but the changes also made it more difficult for a legitimate medical malpractice suit to be brought against a negligent medical professional. Furthermore, wrongful death medical malpractice lawsuits have certain caps, which means that surviving family members could only stand to see a certain amount in compensation if their claim results in a successful outcome. However, with such a cap in place, the compensation received through such a claim is often less than what can adequately cover their incurred damages. An experienced Texas wrongful death attorney like Michael Grossman can often assist a family seeking compensation for their loss through other possible legal routes so that the financial shortfall sometimes experienced in the wake of a medical malpractice lawsuit might be able to be made up.
Calculating Damages in a Wrongful Death Case
When specific financial losses have occurred, calculating fair compensation is often somewhat straightforward since a specific dollar amount is tied to the damages incurred. However, a plaintiff’s legal representation must be able to justify the plaintiff’s amount of damages sought, and since emotional or mental stress can often be quite a subjective matter, it can take the knowledge and assistance of an experienced Dallas wrongful death lawyer like Michael Grossman to be able to help a plaintiff justify their incurred damages in front of a judge or jury that may be less than favorable toward awarding such compensation for the death of an elderly individual. Courts do take emotional stress into consideration when awarding compensation in regards to a wrongful death, but it often requires the help of an experienced legal professional to ensure that a plaintiff is fairly compensated for their loss.
Dallas Wrongful Death Attorney Michael Grossman Can Help You in Your Wrongful Death Claim for an Elderly Loved One
Losing a loved one can be an emotionally trying time, especially if they were advanced in years and endured suffering at the end of their time on earth. If your elderly loved one suffered a wrongful death due to the negligence of a person or entity, you likely have merit in seeking compensation for your loss. Through a wrongful death lawsuit, you could stand to be compensated for your loss, but you will also be working to ensure that a liable party is held accountable for their negligent behavior so that a future death does not have to occur as a result of their poor decisions. Texas wrongful death lawyer Michael Grossman and his team at Grossman Law Offices have 20 years of experience in litigating wrongful death cases.We can help you secure a fair settlement for your loss, even if the strict financial loss was relatively nonexistent in regards to your elderly loved one’s passing. Contact Grossman Law Offices at 1-855-326-0000 (toll free) for a free legal consultation to be apprised of your possible legal options. With experience in bringing cases against every major insurer in the country, and with a strong reputation among many defense attorneys, we’re well-positioned and well-respected, and we can use our stature and past experience to help you get the justice you deserve for your loved one’s untimely 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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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
(policy limits) A father of two was killed on the job when he fell from a personnel platform atop an elevated piece of machinery. The defendant was initially afforded protection from a liability suit by virtue of their workers' comp policy. Upon thorough investigation, it became evident that gross negligence was at the root of the accident, and suit was filed accordingly. A successful outcome was obtained through litigation.
$550,000.00
$220,000.00
$40,000.00
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
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) 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) 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) 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 were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
$97,500.00
$48,750.00
$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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