Lost someone in a fatal truck accident in Dallas? Attorney Michael Grossman is here for you.
Losing a family member in an 18-wheeler accident is a traumatic experience. The victim’s family members are often left with many unanswered questions: how did this accident happen? How do I file an insurance claim? Should I file a wrongful death lawsuit? Do I need to hire an experienced attorney to represent me?
At Grossman Law Offices, we are dedicated to helping truck accident victims and their families seek justice. We know how difficult this time can be and we want to help you. If you are considering seeking justice through a wrongful death lawsuit, you should know that these cases encompass some of the more complex issues in trial litigation. Do not make the mistake of assuming that a fatal truck accident case is just like a typical car wreck. Litigating a truck accident lawsuit is much more complex than litigating a car accident case, and you will be facing much stronger opposition. Grossman Law Offices is here to explain how these lawsuits work, answer any questions you might have, and fight aggressively to ensure that your family’s rights are protected.
Commercial Insurance Carriers
First and foremost, unlike non-commercial drivers, trucking companies and their drivers are covered by insurance policies provided by massive carriers. These policies are worth approximately fifty times more than a policy covering a standard passenger vehicle. This means that, for these insurance carriers, there is a lot of money at stake. And if you try to bring a claim against them, insurance adjusters will be ruthless in building a case against your loved one. Furthermore, the senior insurance adjusters assigned to fatal truck accident cases typically have decades of experience denying valid claims similar to yours.
In recent years, the tactics used by trucking companies and their insurance adjusters have changed. Insurance adjusters used to play hardball from the beginning, refusing to accept liability and trying as hard as possible to leave you in the dark. Recently, however, they have started more friendly and cooperative practices, asking you questions about your loved one and his or her accident, in an attempt to pacify you as they drag your case ever closer to its impending deadline.
Don’t let their sincerity trick you into believing they’re on your side or working for you. In reality, the insurance adjuster has the insurance company’s best interests at heart and is trying to offer you the lowest settlement possible while simultaneously discouraging you to seek legal counsel. Insurance adjusters are very adept at asking questions in particular ways that illicit the answers they want. They may repeat your statements back to you with slight modifications, and if you agree to their assessment of what happened, you could easily damage your claim without even realizing it. The one thing to always remember is that the insurance company is always working against you – and they are professionals. You need a team of professionals on your side to help you even the odds. The aggressive attorneys at Grossman Law Offices want to be that team and ensure that you do not fall victim to an insurance adjuster’s tactics.
Accident Reconstruction Specialists and Defense Lawyers
After only a short time has passed from your family member’s fatal accident, a team of defense lawyers and accident recreation experts employed by the trucking company will be on the way to the scene of the accident. They will likely arrive long before you even know that an accident has occurred, and they will work night and day for one purpose: building a case against your loved one. They will scour the accident scene, trying to find any evidence they can use to prove that your family member was responsible for the accident. This proof can be anything from tire marks at the scene, truck logs, witness reports, or eventually even your own statements about the accident.
You need an experienced professional of your own to conduct an independent investigation of the scene. When our attorneys take a case, we quickly assess the undisputed facts about the accident, the location of the accident, and the vehicles involved so that we can determine exactly what happened and who was responsible. We will leave no stone unturned in our investigation to ensure that those responsible for your loved one’s death are held accountable for their negligence.
Different Types of Compensation in a Wrongful Death Lawsuit
Our attorneys understand that losing a family member is devastating, and that no amount of money can truly compensate your family for such a loss. However, the truth is that this loss also puts a severe financial strain on a family. Our attorneys want to bring those responsible for your family member’s death to justice, but we also want to ensure that you and your family receive the compensation you need to get back on your feet and move past this tragedy.
In any comprehensive wrongful death lawsuit, you are really seeking compensation for two different types of damages: wrongful death damages and survival damages. Wrongful death damages provide compensation to a plaintiff for the damages incurred by the plaintiff themselves due to their loved one’s death. Only parents, children, or spouses of the victim are eligible to seek wrongful death damages. These damages include:
- Any medical bills that the plaintiff paid prior to the family member’s death
- Any funeral expenses
- Loss of economic support that was previously provided by the victim
- Mental and emotional distress and the loss of companionship caused by a family member’s death
Survival damages, on the other hand, essentially allow a plaintiff to stand in for the deceased in a legal sense. Survival damages compensate a plaintiff for some of the damages for which a victim could have sued for had that victim survived the truck accident. In most cases, the plaintiff seeking survival damages is the same as the plaintiff seeking wrongful death damages. Survival damages include:
- Compensation for the victim’s medical expenses
- Wages lost by the victim due to time spent in the hospital
- Lost income potential due to disability caused by the accident
- Physical pain and suffering caused by the victim’s injuries
- Mental and emotional turmoil caused by the accident
As you can imagine, the full extent of these damages is often a sizable sum of money. Survival damages and wrongful death damages must be sought in separate legal claims involving unique tactics. Furthermore, third parties are often liable in a fatal truck accident case, meaning you could possibly have claims against them as well. If the accident was caused in part by a defective vehicle, the vehicle’s manufacturer may be liable. If the truck driver was intoxicated, the bar where he or she was served alcohol can be held liable. The organization responsible for loading and securing the truck’s trailer could be responsible, if cargo came loose and caused the accident. Only an experienced attorney can reliably identify and pursue claims against these third parties. Using an inexperienced attorney to litigate these cases will not work to your benefit.
The Attorneys at Grossman Law Offices Are Here For You
Do not make the mistake of trying to represent yourself alone in court. In some fatal truck accidents in Dallas, the victim’s family members make the mistake of assuming that if they threaten to sue, an insurance company will be frightened into offering them a fair settlement. However, trucking companies and commercial insurance carriers employ experienced defense lawyers who have spent years arguing against cases just like yours. You may have a very strong case, but this does not count for anything if you do not know how to submit a proper demand packet, respond to a request for admissions, or prove damages. Countless victims have walked away with nothing after their case was dismissed because they simply lacked knowledge of the litigation process. The court holds non-attorneys to the same standards as attorneys, and if you do not properly handle every aspect of your case, you will walk away empty-handed. Do not let this happen to you.
The experienced attorneys at Grossman Law Offices have been helping family members file wrongful death suits in fatal truck accident cases for 25 years, and we can take a stand for you against insurance companies.
We have investigated, litigated, and successfully resolved hundreds of high-profile truck accident cases, and we have a proven track record. Trucking companies and their insurance providers know how successful we have been, and they often cooperate fully with our settlement demands because the risk of an even larger settlement award is a viable outcome from facing us in court. We conduct thorough investigations of every case we take, in order to identify every potential defendant and build comprehensive claims against all of them. No matter what you need, our attorneys are here for you. We want to make sure that you receive the compensation you need to get back on your feet. If you have lost your loved one in a truck accident, contact Grossman Law Offices today at (972) 808-7629. Let our firm help you bring those responsible for your family member’s death to justice.