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.