They've helped me do what I feel was justifiable for me and my family to get closure... And I thank them. 
-
V. Jordan
Mother of a Wrongful Death Victim
Texas Wrongful Death Attorney
Do You Need a Texas Wrongful Death Attorney? Our Experienced Dallas Lawyers Can Help You
If you’ve lost a loved one due to a wrongful death, seeking the help of an experienced Dallas wrongful death attorney can help you seek justice in light of your loss.
A wrongful death occurs due to the negligence of another person or entity, and when such a fatal accident occurs, the family members that have lost a loved one likely have merit in seeking compensation for their loss through a wrongful death lawsuit. Furthermore, a wrongful death claim can work to ensure that future, similar accidents don’t have to befall another family by holding the negligent party or parties accountable for their negligence resulting in a fatality. In such instances, the family that has lost a loved one will likely need the legal assistance of an experienced wrongful death lawyer like Michael Grossman. Wrongful death cases can often be quite complex and involve many technical details that often require an independent investigation in order for all liable parties to be identified. With 20 years of experience in litigating wrongful death cases, Texas wrongful death lawyer Michael Grossman and his team at Grossman Law Offices can assist you during this difficult time so that justice can be served in light of your loved one’s loss.
How Do Wrongful Deaths Occur?
Wrongful deaths can occur in a wide variety of ways, but the single common aspect in such accidents regards the negligence of some party that resulted in, or contributed to, a fatality. Common causes of wrongful deaths include work-related accidents, traffic wrecks, premises liability accidents, dram shop causes of action (which involve alcohol-serving establishments), negligent supervision, medical malpractice accidents, or criminal attacks. In each instance, different sets of laws will apply to the wrongful death claim. Where accidents occur that may involve multiple liable parties that all hold varying forms of negligence, a wide variety of legal action may be necessary in order to see justice served against all liable parties. As such, it may be vital toward the successful outcome of a wrongful death claim to have a widely-experienced and knowledgeable attorney like Michael Grossman on your side that can work to build specific cases against each unique defendant based on their particular role in the accident.
How Do I Know If I Should Pursue a Wrongful Death Case?
Many family members who have lost a loved one in some type of accident are often confused about their legal rights in the aftermath of such an accident. Further confusion can ensue when an accident is caused by something other than criminal behavior, since the family that has lost a loved one must seek legal action of their own accord instead of waiting for justice to be served through a criminal case. For instance, fatal auto accidents often do not involve criminal proceedings when simple negligence causes a car wreck. However, the liable parties can be held accountable for the damages they’ve caused a victim or a victim’s family to incur as a result of their negligent behavior. Compensation for these damages is sought through a wrongful death claim.
However, a wrongful death claim can also be brought even if criminal charges are also brought. In other words, a person killed by a drunk driver or a person deliberately killed by another person can be held liable for their negligence through both criminal law and civil law. Four condition must be met in these instances in order for a liable defendant to be held accountable for compensating the family of a victim through a wrongful death lawsuit:
- The actions or inaction of another party, either wholly or just in part, resulted in the victim’s demise.
- The negligence of at least one party led to the fatal accident.
- The victim has surviving family members or beneficiaries that can pursue legal action
- The victim or victim’s family have incurred damages, i.e. financial loss, as a result of the fatal accident.
In other words, if you believe that your loved one suffered a wrongful death, regardless of whether or not criminal charges have been pressed in the matter, consider contacting Grossman Law Offices to inquire about your possible legal options. Choosing to move quickly, even through we understand you’re likely going through a difficult time, is often one of the most beneficial choices you can make so that a strong case can be built against a negligent party.
What is Achieved Through a Wrongful Death Case?
Texas wrongful death cases allow for a decedent’s family members to seek compensation via two different routes: wrongful death damages and survival damages. Wrongful death damages can be sought by a spouse, a child, or a parent. Such damages are in relation to the financial loss, i.e. damages, that the family member has experienced as a result of losing their loved one. For example, wrongful death damages can include the following:
- Medical bills paid before the loved one’s death
- Funeral bills
- Loss of financial support that was provided by the loved one
- Compensation for mental or emotional trauma as a result of the loss of the unique consortium provided by the loved one
On the other hand, survival damages exist in relation to what the decedent would have incurred had they lived through the fatal accident. Just one of the decedent’s family members can seek survival damages, and only a spouse, child, parent, or sibling (in that order) can seek survival damages on their loved one’s behalf. It should be noted, however, that this family member is also eligible to pursue wrongful death damages in addition to survival damages. Survival damages can include compensation for any or all of the following:
- Medical bills paid before the loved one’s death
- Wages the loved one lost while in the hospital
- Property damage incurred in the accident
- Loss of earning potential due to a long term disability
- Pain and suffering of the loved one
- Emotional or mental distress of the loved one
- Possible debilitating injuries the loved one could have suffered had they survived
Being able to faithfully calculate both wrongful death damages and survival damages is a learned skill that often takes years to develop in order to ensure that a family that has lost a loved one is properly compensated for their loss. Since some of the items, especially in regards to survival damages, can often by quite subjective in nature, it often takes the work of an experienced Dallas wrongful death attorney like Michael Grossman to ensure that such damages can be fully justified before a defense attorney or a jury. Furthermore, if all damages claimed cannot be properly defended and justified, the settlement package could be severely lessened by a defense keen on saving their client as much money as possible.
Again, while compensation for a bereaved family serves an important purpose in order to help the family through a likely financially difficult time, a wrongful death lawsuit also serves to hold accountable a negligent party so that the likelihood of a similar, tragic accident doesn’t have to happen to another family. By seeking a wrongful death lawsuit against a negligent party, you can be working to ensure that another family does not have to suffer. Grossman Law Offices will work to see to it that you’re fairly compensated for your loss in addition to making sure that a negligent entity feels the brunt of your claim so that future fatal accident don’t have to happen.
Are There Limits to Recoverable Damages in Texas Wrongful Death Cases?
Depending on the specifics of the fatal accident, there may be certain limits to the amount of compensation that an aggrieved party can seek through a wrongful death lawsuit in Texas. For example, recent tort reform in relation to medical malpractice lawsuits have put monetary limits on the amount of compensation a victim’s family can seek if medical malpractice resulted in their loved one’s death. Unfortunately, due to this cap, the compensation awarded in such cases if often far less than what could adequately cover the family’s financial loss. Furthermore, when a fatal on-the-job accident occurs to an employee that works for a workers’ comp subscribing employer, the plaintiff must be able to prove that the employer exercised gross negligence in order to be able to sue such an employer for the fatal accident. Proving gross negligence requires a high standard of proof, which can often result in certain challenges in proving up damages. Lastly, when a fatal accident occurs as a result of the negligence of an insured employer, the compensation awarded through such an insurer is often less than what is necessary to adequately assist the decedent’s family members. However, in those instance, there can often be third parties involved in the accident that may be able to be sued so that the shortfall can be made up and a victim’s family could stand to be fully compensated for their loss from all liable parties.
Why Do I Need a Texas Wrongful Death Lawyer?
Beyond the complexities of a wrongful death case, the defense posed by insurance adjusters and defense attorneys alike will, more often than not, be quite stout. With years of experience, they will each have specific methods, formerly and successfully employed, that they can use in order to see your wrongful death claim denied or dismissed. Without the help of an experienced Dallas wrongful death attorney like Michael Grossman, you will likely be unaware of your full legal rights against such professionals that often just want to make quick and cost-efficient work of your claim or your case. Compensation awarded in wrongful death cases can often be quite sizable, and insurance companies simply do not want to be the ones that have to write such a check. As a result, they will work hard to prove that their client was not at fault in the fatal accident, shifting blame onto any party that may have been involved in the accident. If a majority of the blame can be forced onto the shoulders of the victim, then the claim could be completely denied, resulting in no compensation for the grieving family. Ensure that such a scenario won’t happen to you by enlisting the help of the Dallas wrongful death law firm of Grossman Law Offices.
By contacting us quickly, we’ll also be able to arrive on an accident site quickly in order to begin an exhaustive and thorough investigation so that all liable parties can be identified. In hesitating for just a moment to secure your own legal representation, you could inadvertently be doing harm to your own case since evidence can go missing as days pass, or could even be erased or manipulated by those that would simply rather not be held liable for their negligent behavior. When we’re hired, we’ll be sure to scour an accident site when necessary, ensuring that all evidence gathered and all testimonies obtained are done in such a way that they’ll be ready for presentation in court. By contacting us quickly in the aftermath of your loved one’s fatal accident in Dallas or another Texas city, there’s a much greater likelihood that a strong, robust case can be built on your, and your loved one’s, behalf.
With 20 years of experience in Texas wrongful death cases, Dallas wrongful death attorney Michael Grossman is ready to assist your family through this difficult time so that you can be fairly compensated for your loss and so that the negligent parties can be brought to justice. We’ve faced every major insurer in the country, and our clients have reaped the benefits. Furthermore, because of our reputation, many insurance companies and defense attorneys acquiesce to our demands on our clients’ behalf. More often than not, this means that our clients are offered fair out-of-court settlements since opposing parties would rather do that than meet our lawyers in court setting. Such an outcome could mean that your family could stand to be fairly compensated for your loss without the stress, time, and money often associated with the trial process. However, if a trial case is necessary, we’ll be just as prepared to defend your rights, and aggressively if necessary, in that setting as well. Contact us today at 1-855-326-0000 (toll free) if you believe your loved one suffered a wrongful death and the liable parties should be held accountable for their negligent behavior. We want to help you seek that justice.
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
(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) 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
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
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
(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
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
Recovery for family of victim who died after receiving the wrong medication.
$625,000.00
$206,250.00
$5,000.00
(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