Fort Worth Wrongful Death Lawyer

Call Grossman Law Offices if You are Looking for a Wrongful Death Lawyer in Ft. Worth, Texas

In the wake of a fatal accident, the last thing that the family wants to think about is finances. Unfortunately, that is often exactly what they must consider.

Do you have a legal question?
Enter your phone number below and let's talk.
--

The stress of medical bills, funeral expenses, and lost wages often comes at a time when the family is least prepared to deal with it. If the negligent actions of another person caused the accident in which the loved one was killed, the family may begin to wonder if they can seek compensation from the party responsible for these losses, while seeking justice for the death of their loved one. Unfortunately, filing a wrongful death lawsuit can be time consuming and complicated process that the average person is not equipped to handle properly, even at the best of times. Only a Fort Worth wrongful death lawyer like Michael Grossman has the experience and resources necessary to make sure that your suit is successful. If you aren't convinced, the following may help convince you that filing a wrongful death lawsuit is a complicated process best performed by an experienced wrongful death attorney in Fort Worth.


Why File A Wrongful Death Lawsuit?

Basically, the purpose of a wrongful death lawsuit is similar to the purpose of any other personal injury lawsuit. First, to hold negligent parties accountable for actions that led to the accident. Second, to provide monetary incentive for the negligent party to change their behavior, in order to prevent similar accidents in the future. Third, to ensure that the victim (or in this case, the victim's family) receives fair and adequate compensation for monetary damages which they have incurred.

There is no need for you to suffer under a financial burden brought upon you by the negligence of another person. The attorneys at Grossman Law Offices can fight for you, to help ease this burden. With the help of Fort Worth wrongful death attorney Michael Grossman, you can focus instead of healing in the wake of this tragic accident.


Types of Wrongful Death Damages

In order to understand what sort of compensation you can hope to receive in a successful lawsuit, it is important to first understand the difference between "damages" and "injury." In this case, the injury that has been suffered is the death of a loved one. Damages, on the other hand, refer only to the monetary losses that have been suffered as a result of the accident. Since it is impossible to put a value on a human life, calculating compensation in a wrongful death suit can be a tricky affair. Basically, there are two types of damages which can be sought: Wrongful death damages, and survival damages.

Wrongful death damages are those monetary losses suffered directly by the loved ones as a result of the victim's death. In general, wrongful death damages may only be sought by the spouses and dependents of the victim. These damages may include funeral costs, medical expenses, loss of monetary support, mental and emotional trauma suffered by the family, and loss of consortium.

On the other hand, survival damages are brought by the closest surviving family member on behalf of the victim, and include the monetary losses that would have been suffered by the victim, if he had survived. Some of these may be "hypothetical" numbers. For example, medical bills, lost wages, diminished earning capacity, physical pain and suffering during recovery, etc.

There are very different approaches that must be taken in seeking each type of damages. It is also extremely important to calculate these numbers correctly. If you underestimate, you may end up receiving less than you are entitled to. On the other hand, if you overestimate, you may lose the case. Calculating and proving damages can be a complex and time-consuming process that is best handled by a qualified Fort Worth wrongful death lawyer like Michael Grossman. It can't be stressed enough that a non-lawyer simply does not have the experience or resources to handle a wrongful death claim, and may suffer unnecessary stress and heartache as a result of attempting to handle their own case.

Do you have a legal question?
Enter your phone number below and let's talk.
--

Grounds for a Wrongful Death Lawsuit

Many times, a wrongful death case is so complicated that it may be difficult for the loved ones to know how to handle the situation. They may be confused by the difference between civil and criminal cases, and may think that the plaintiff must have broken a law in order to be held liable for an accident. As any experienced Fort Worth wrongful death lawyer can tell you, a wrongful death case is handled in the civil courts. It is not necessary to prove that the plaintiff broke a law. It is only necessary to prove that their negligent actions resulted in the accident. For example, consider the case of a driver who runs a red light and hits a pedestrian in the process. Although criminal charges will not likely be brought against the driver, the loved ones of the pedestrian can still file a lawsuit in an attempt to seek compensation for the damages they suffered as a result of the driver's actions.

Some people may think that if criminal charges were brought, they are not allowed to file a civil lawsuit against the person. However, this is entirely untrue. For example, let's assume that the driver in our previous scenario was drunk at the time of the accident. Most likely, that driver will face criminal charges for their actions. However, the victim's loved ones can still file a suit to seek compensation, since criminal charges are designed to punish criminals, rather than compensate victims for their losses.

If you still aren't sure if there are grounds for a wrongful death lawsuit in your case, consider contacting the team at Grossman Law Offices for a free consultation to discuss the details of your case.


Potential Limits to Recoverable Damages

In a normal personal injury lawsuit, you can seek compensation for any and all monetary losses you have sustained as a result of the negligent party's actions. However, there are some types of cases where the amount of damages you may recover is limited by law. For example, due to the rising cost of health care and a popular perception that this was caused by excessive litigation, laws have been passed that limit the amount of damages that may be awarded in medical malpractice cases. These laws have successfully reduced the number of medical malpractice suits (some attorneys automatically turn down medical malpractice cases), but the side effect is that it is very difficult for legitimate victims to obtain compensation for damages they may have suffered. While other attorneys have decided that medical malpractice cases are not lucrative enough to accept, Michael Grossman is willing to accept the challenge in order to ensure that his clients receive qualified representation for their case.

Another example of limitations created by law is in the case of work-related wrongful deaths. If a person dies as a result of a workplace accident, and their employer subscribes to workers' compensation, it may be very difficult for the family of the deceased to seek compensation beyond the limits imposed by the workers' compensation laws. The exception is in the case of gross negligence. If gross negligence can be proven, then the limits of workers' compensation no longer apply. While it can be difficult to prove gross negligence, an experienced Fort Worth wrongful death attorney like Michael Grossman will know exactly how to go about gathering evidence to support the claim. Even if the employer did not commit gross negligence, it may be possible for Grossman Law Offices to help you receive full compensation for damages. For example, there may be third party companies involved in causing the accident who are not covered by workers' compensation coverage. An experienced Ft. Worth attorney knows exactly how to determine if there are other possible plaintiffs in your case, and how to gather evidence to prove liability.

The complications introduced by legislation are only the tip of the iceberg when dealing with a wrongful death lawsuit. Often, when a death is involved, there is also a large sum of money involved. Usually, the plaintiffs will employ lawyers who are extremely experienced in protecting their employers from these kinds of lawsuits. They may harass you, or try to convince you to accept a smaller settlement than you are entitled to. It's important to have an experienced attorney on your side, both to handle any tricks they may try to pull, and to serve as a shield between you and the insurance adjusters. With Grossman Law Offices on your side, you can relax and focus on taking care of yourself and your family during this difficult time.


Call Grossman Law Offices Today

In the wake of a fatal accident, the last thing you want to think about is the financial burden of the event, and what legal action you may take to recover from these monetary losses. Unfortunately, it's important not to procrastinate. It's important that your attorneys go to work investigating your case as soon as possible, to ensure that no valuable evidence is lost. The more time passes, the more likely witness testimony will become unreliable. Videos or documents are often routinely discarded, and physical evidence may disappear (either by accident, or through design on the part of the plaintiff). Michael Grossman will go to work immediately examine the scene of the accident, questioning witnesses, and searching for any information or evidence that may be relevant to your case.

Do you have a legal question?
Enter your phone number below and let's talk.
--

Grossman Law Offices has 20 years of experience handling wrongful death lawsuits. We are able to protect you from unethical defense lawyers, and handle the complicated legal issues so that you can relax. We know that the last thing you want is to add unnecessary stress at this difficult time. Therefore, if you are still unsure about whether you need a Fort Worth wrongful death lawyer in your corner, call toll free at 1-855-357-2207 for a free consultation with one of our experienced attorneys. We can answer any questions you may have, and explain your options for legal action. After we've discussed your case, if you decide to hire us, we will go to work immediately to ensure that justice is served on behalf of your deceased loved one.


Some of Our Most Recent Successful Cases
$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.
Total Recovery:
$300,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$0.00
$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.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00
$400,000.00 Recovery - Wrongful Death / Medical Malpractice
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.
Total Recovery:
$400,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$25,000.00
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
(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.
Total Recovery:
$250,000.00
Attorney Fees:
$78,000.00
Litigation Expenses:
$370.00
$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.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$25,000.00
$3,200,000.00 Recovery - Wrongful Death / Automobile Accident
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.
Total Recovery:
$3,200,000.00
Attorney Fees:
$1,280,000.00
Litigation Expenses:
$50,000.00
$100,000.00 Recovery - Wrongful Death/ Medical Malpractice
(policy limits) Recovery for wrongful death/ nursing home negligence which resulted in bed sores which became infected.
Total Recovery:
$100,000.00
Attorney Fees:
$33,133.00
Litigation Expenses:
$400.00
$550,000.00 Recovery - Wrongful Death / Workers' Compensation Gross Negligence
(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.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$40,000.00
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.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$95,035.00 Recovery - Wrongful Death / Automobile Accident
Recovery for the father of a young man who was killed in a car accident.
Total Recovery:
$95,035.00
Attorney Fees:
$31,678.00
Litigation Expenses:
$25.00

"When I Lost My Father..."

Get Adobe Flash player

Our Cases in the News

Get Adobe Flash player

Contact Us

Fill out the form below and a legal professional will contact you shortly.

Full Name:

Phone Number:

Email Address:

Describe your situation:

Related Articles

Click to Call

--
Enter your phone number above and click "Call Me" to talk to one of our lawyers about your potential case.

Our Clients' Words

Recent Successes