Mr. Grossman and his staff took good care me and my family. I highly recommend his services to anyone who has a significant injury from an accident.
-
E. McClure
Commercial Vehicle Accident Case
Dallas Wrongful Death Claim
Are You Considering Filing a Wrongful Death Claim? Our Attorneys Can Help Recover Damages
If you are attempting to bring a Texas wrongful death civil suit against a defendant, you need to know exactly what you are dealing with. A wrongful death civil suit is brought against a defendant when a victim was killed due to a defendant’s negligent actions (or inaction).
Some Common Types of Wrongful Death Claims
- Drunk Driver Accidents
- Construction Site Accidents
- 18-Wheeler Accidents
- Car Accidents
- Other Vehicle Accidents
- Work-Related Accidents
Wrongful Death Claims Typically Meet Four Basic criteria:
- The defendant must be the proximate cause, in whole or in part, of the victim’s death.
- The defendant was negligent with or in some way liable for the victim’s well-being.
- There is a surviving family member of beneficiary to receive compensation.
- Financial damages resulted from the victim’s death.
There are generally two kinds of damages that may be recovered by a plaintiff in a wrongful death civil suit: compensatory damages and punitive damages. Compensatory damages are meant to cover medical and funeral expenses, provide compensation for the loss of future income of the victim, or provide monetary compensation for the loss of companionship or grief. In other words, compensatory damages compensate the plaintiff for his or her loss.
Punitive damages, on the other hand, are awarded in cases where the defendant was particularly negligent or reckless with the victim’s life. They are designed as a punishment for the defendant and his or her negligent actions. The extent of these damages are determined by a jury.
Numerous other technicalities exist in wrongful death civil suits, including limitations on who can sue, who can be sued, or caps on recoverable damages. In short, managing these cases can be complicated. Fortunately, our attorneys have been working on wrongful death suits of all kinds for twenty years. Let the Dallas wrongful death claim attorneys at Grossman Law Offices help you with your Texas wrongful death civil suit.
Related articles:
Questions answered by this article:
What criteria must be met to file a wrongful death suit?What kind of damages are covered in a wrongful death suit?
Is there a limit to compensation you can receive?
Some of Our Most Recent Successful Cases
$625,000.00 Recovery - Wrongful Death / Medical Malpractice
Recovery for family of victim who died after receiving the wrong medication.
Recovery for family of victim who died after receiving the wrong medication.
Total Recovery:
$625,000.00
$625,000.00
Attorney Fees:
$206,250.00
$206,250.00
Litigation Expenses:
$5,000.00
$5,000.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(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.
(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.
Total Recovery:
Confidential
Confidential
Attorney Fees:
Confidential
Confidential
Litigation Expenses:
Confidential
Confidential
$150,000.00 Recovery - Wrongful Death / Workplace Accident
(policy limits) Recovery of a disputed life insurance policy for the family of a contractor who died on the job.
(policy limits) Recovery of a disputed life insurance policy for the family of a contractor who died on the job.
Total Recovery:
$150,000.00
$150,000.00
Attorney Fees:
$50,000.00
$50,000.00
Litigation Expenses:
$341.00
$341.00
$300,000.00 Recovery - Wrongful Death / Third Party Dram Shop
(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.
(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.
Total Recovery:
$300,000.00
$300,000.00
Attorney Fees:
$132,000.00
$132,000.00
Litigation Expenses:
$0.00
$0.00
Confidential Recovery - Wrongful Death / Automobile Accident
(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.
(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.
Total Recovery:
Confidential
Confidential
Attorney Fees:
Confidential
Confidential
Litigation Expenses:
Confidential
Confidential
$95,035.00 Recovery - Wrongful Death / Automobile Accident
Recovery for the father of a young man who was killed in a car accident.
Recovery for the father of a young man who was killed in a car accident.
Total Recovery:
$95,035.00
$95,035.00
Attorney Fees:
$31,678.00
$31,678.00
Litigation Expenses:
$25.00
$25.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Confidential
Attorney Fees:
Confidential
Confidential
Litigation Expenses:
Confidential
Confidential
$550,000.00 Recovery - Wrongful Death / First Party Dram Shop
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.
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.
Total Recovery:
$550,000.00
$550,000.00
Attorney Fees:
$220,000.00
$220,000.00
Litigation Expenses:
$25,000.00
$25,000.00
Confidential Recovery - Wrongful Death / Premises Liability
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.
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.
Total Recovery:
Confidential
Confidential
Attorney Fees:
Confidential
Confidential
Litigation Expenses:
Confidential
Confidential
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
$97,500.00
Attorney Fees:
$48,750.00
$48,750.00
Litigation Expenses:
$0.00
$0.00