They were very patient with me, worked with me, they filled me in on details, they stayed in communication, and they let me know what was going on. 
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H. Lindquist
Workplace Accident Case
Texas Wrongful Death Statute of Limitations
What is The Wrongful Death Statute of Limitations? Texas Attorney Michael Grossman Explains
It is never an easy experience to lose a loved one. The experience can be even more painful if it is a “wrongful death” caused by someone else’s negligence.
Grossman Law Offices is equipped to work within the framework of the law to bring those who are responsible to justice, but our attorneys realize that timing is important. The grieving process is important, too, but there is a limited amount of time that person or family will have to file a wrongful death claim and it is vital to file such a claim as soon as possible after the loss is suffered.
Simply stated, a statute of limitations spells out the period of time during which legal action can be taken.
In most wrongful death cases the Texas wrongful death statute of limitations gives the plaintiffs a two year window to file a lawsuit. Essentially, that means that the claim must be resolved within that two year period from the time of death OR a law suit must be filed within that two year period, since filing a law suit will extend the deadline further.
Exceptions to the 2 Year Statute of Limitations
There are, however, exceptions to the two year statute of limitations:
When the Plaintiff is a Minor Child
The wrongful death claim of a minor child can not expire until the child is of legal age to pursue such a claim. The two year statute of limitations therefore does not start to count down until the child's 18th birthday. For example, if a 15-year-old child lost their father in a work-related accident, that child's claim would be extended until two years after they are of legal age (their 20th birthday). A minor child is not required to wait until they turn 18 to pursue a wrongful death claim. A parent or guardian can pursue the claim on behalf of the minor child and this is usually a better idea than waiting because the evidence necessary to win a wrongful death case will usually vanish long before the child becomes of legal age. When a parent or guardian pursues a wrongful death case on behalf of a minor child, the court will appoint an ad litem, a non-biased, third-party attorney, who will review the terms of the settlement or jury verdict to determine that the resolution was fair and in the best interest of the child. This keeps family members and other parties from helping themselves to the child's claim. Once the case is resolved, the money is put into the court's registry and is made available for the child when they come of legal age.
When the Defendants or Their Negligence Were Unknown
Wrongful death cases in Texas are subject to the "discovery rule" which states that the two years does not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. A perfect example to illustrate this would be a pharmaceutical case. Imagine that a man takes a pharmaceutical drug and dies due to complications from taking that drug. ten years after his death it is determined that the drug was defective and that the he died as a result of this defect. The decedent's widow would more than likely be able to file a claim even though the standard two year window had expired. The idea behind this is that the plaintiff would did not know that they had a case until years later which would therefore extend the statute of limitations.
Fraud
In cases where the defendant deliberately concealed their involvement or culpability in a death, the statute may be extended to allow the family of the deceased to pursue civil action against said defendant.
Mentally or physical incapacity
If a plaintiff has suffered some physical or mental incapacities that keep them from responding within the standard two year statute of limitations, the statute may be extended to accommodate. For example, if a man and his wife are involved in a car accident and the man dies but the wife goes into a coma for three years, her statute of limitations would likely be extended do to the fact that she was mentally or physically incapacitated and was unable to pursue a wrongful death claim on behalf of her husband.
Wrongful death cases should not be handled by inexperienced law firms. The Dallas wrongful death lawyers of Grossman Law Offices have 20 years of experience in successfully litigating wrongful death claims and we can help you with your wrongful death claim as well. Contact Michael Grossman at 1-855-326-0000 (toll free) for a free consultation.
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) 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
(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
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
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
(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
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
Recovery for the father of a young man who was killed in a car accident.
$95,035.00
$31,678.00
$25.00
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Confidential
Confidential
Confidential