San Antonio Wrongful Death Attorney

Michael Grossman on Filing a Wrongful Death Lawsuit in Texas : San Antonio Wrongful Death Attorney

A wrongful death is said to have occurred when the negligent behavior of a liable party causes or contributes to the fatality of a human being.

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However, that staid legal definition of wrongful death fails to encompass the enormous feeling of loss that a family experiences when they’ve learned that their loved one has been taken away from them due to the careless behavior of another person or entity. Wrongful deaths can happen for a near-infinite amount of reasons, yet they all tend to occur in with less than a moment’s notice. Such a shocking and unexpected loss can leave a bereaved family reeling, attempting to deal with their swirling emotions in light of their loved one’s death. Some families in these types of situations give little to no thought to the possible legal ramifications of their loved one’s passing. Some families are simply unaware that anything can be done; others may not be able to think about seeking legal action in the midst of their grief. However, pursuing legal action through a San Antonio wrongful death lawsuit can be an important step in the healing process for a number of reasons. San Antonio wrongful death attorney Michael Grossman offers the following information to help elucidate why a family should pursue a wrongful death lawsuit, the issues that can often arise in such civil lawsuits, and how we might be able to assist you through this difficult time.


Why Should I Pursue a Wrongful Death Lawsuit in San Antonio, TX?

There are two reasons why a bereaved family should pursue a wrongful death lawsuit after losing a loved one due to a fatal accident: compensation and justice. The stated purpose of a wrongful death lawsuit is so that an aggrieved party can seek compensation for their loss from the party or parties responsible for the fatal accident. While such compensation cannot return your loved one to you, it can greatly assist you with the financial stresses that often accompany such a loss, like medical costs, funeral expenses, and pain and suffering. Seeking compensation for a wrongful death in Texas is important to all wrongful death cases, but it can be especially vital in instances where a primary wage-earner has died. The compensation sought in such an accident can be used to ensure that the decedent’s family is financially stable in light of their loss.

The unstated goal of a wrongful death lawsuit is for the liable parties to be held accountable for their negligent behavior. Since some fatal accidents are not the result of criminal behavior, a San Antonio wrongful death civil lawsuit is the only legal measure that an aggrieved party has in order to see the liable parties brought to justice. The compensation that they must award to a plaintiff as a result of a successful wrongful death case can be considered a punitive measure, i.e. a monetary amount that makes them well-aware of their negligent actions. When we take on a wrongful death lawsuit in San Antonio, we will work to ensure that you’re properly compensated in addition to making sure that all liable parties are held accountable. Like you, we don’t want to see a similar fatal accident occur in the future due to the same negligent behavior by the same liable parties. We want the liable parties to be held accountable for the grief and pain they’ve caused you.


Do I Have a Valid Wrongful Death Claim in Texas?

Many people in your situation aren’t aware of whether or not they may be able to seek legal action against a negligent party through a wrongful death lawsuit. The following aspects must have existed, or must be thought to have existed, in order for a wrongful death lawsuit to be pursued:

  • The victim must have died as a result of the negligent behavior or another person or entity. Such negligent behavior could have been the direct cause or the proximate cause of the fatal accident. Proximate cause means that the liable party played a contributing role leading up to the accident.
  • The victim must have a surviving family member or beneficiary that can pursue legal action.
  • The victim or the victim’s family must have incurred some type of financial loss, known as damages, as a result of the fatal accident.

If these basic aspects existed in regards to the accident that claimed the life of your loved one, you may be able to seek legal action against the liable parties through a wrongful death lawsuit. If you are unsure whether or not these circumstances may have existed in regards to your possible case, contact us toll-free at 1-855-393-0000 to discuss the merits of your wrongful death case.

Furthermore, it should also be known that a civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges, since the purposes of each type of case are different. For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. If the same driver had been drunk at the time of the fatal pedestrian accident, then criminal charges likely would be brought against the driver. In either instance, the driver could be held civilly liable for their actions through a wrongful death lawsuit in Texas.

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Damages in Texas Wrongful Death Lawsuits

Damages is the legal term for the financial losses that a victim or a victim’s family incurs as a result of a fatal accident. In Texas, damages in wrongful death lawsuits are separated into two categories known as wrongful death damages and survival damages. Where applicable, it’s important that both types of damages are sought in a wrongful death lawsuit so that the bereaved family can stand to be properly compensated for their loss, and the liable parties are held properly accountable for their negligence.

Wrongful death damages relate to the damages incurred by the family members that have lost a loved one due to a fatal accident. Such damages can be sought by multiple parties within the decedent’s family, including a spouse, parents, or children. Wrongful death damages can include compensation for items such as a decedent’s medical bills prior to death, funeral expenses, a family member’s pain and suffering due to their loss, loss of financial support that had been provided by the decedent, and loss of consortium.

Survival damages, on the other hand, relate to the damages that the decedent incurred or would have incurred had they survived the accident. Only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case in Texas. The family member seeking survival damages can also seek wrongful death damages. Only the closest living family member can pursue a survival damages claim. Survival damages can include compensation for items such as a decedent’s medical bills, their lost wages due to time off from work while injured, their pain and suffering, their mental or emotional duress in the accident, their disfigurement or possible long-term injury, or property damage costs.

A non-attorney or a lesser-experienced lawyer may not know the full extent of damages that should be requested of a liable party. With two decades of experience in wrongful death cases throughout Texas, San Antonio wrongful death attorney Michael Grossman has the prior experience and depth of knowledge that can prove beneficial in both being able to correctly calculate damages and to justify their inclusion into a wrongful death lawsuit. If all damages are not properly calculated or included in the civil lawsuit, a bereaved family may not be able to receive full compensation for their loss, and a liable party may escape culpability for contributing to a fatal Texas accident.


Workers’ Compensation Insurance and Wrongful Death Lawsuits in Texas

As a sub-category of wrongful death lawsuits, work-related fatalities involve specific Texas work injury laws that must take workers’ compensation insurance into consideration. An employer covered by workers’ comp in Texas is immune to lawsuits, barring one particular exception. If a worker is killed due to the gross negligence of their employer, a wrongful death lawsuit can be brought against that employer. With our combined history of experience with both wrongful death cases and fatal work accident cases, we can help you seek justice against such a negligent employer. Since the standard of proof is quite high in order to prove an employer guilty of gross negligence, an experienced San Antonio fatal work accident lawyer can be vital toward the outcome of a wrongful death lawsuit against a workers’ comp employer. In the event that an employee dies while working for an employer protected by workers’ comp coverage in which the employer only exercised standard negligence, a bereaved family can seek compensation for their loss through the workers’ compensation insurance policy. However, our fatal work injury attorneys can investigate the accident in order to determine if other parties may have also been involved in some way in contributing to the accident, as there often are when fatal workplace accidents happen. In instances where multiple parties bear liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against the liable parties, in addition to seeking compensation through the workers’ comp policy due to the negligence of the employer. These issues can be quite challenging for those with little to no experience; however, we’re well-trained and have two decades of relevant experience that is ready to go to work for you so that your loved one’s loss will not be in vain.


Medical Malpractice Wrongful Death Lawsuits in San Antonio, Texas

As another sub-category of wrongful death lawsuits, medical malpractice can result in a fatality. However, recent tort reform has made it increasingly difficult for an aggrieved party to seek legal restitution through a medical malpractice lawsuit in Texas. While the tort reform was intended to prevent frivolous lawsuit from tying up the court systems, it also made it rather challenging for legitimate medical malpractice lawsuits to proceed against negligent medical professionals. Furthermore, caps were set on damages that could be sought in medical malpractice lawsuits, meaning that a bereaved family may not be able to seek compensation for their loss that is commensurate to their actual incurred damages. However, when we investigate a medical malpractice claim that has resulted in a wrongful death, we will work to identify all liable parties, some of whom may not have caps placed on the amount of damages that can be sought from them. It should also be noted that many attorneys refrain from taking on medical malpractice cases due to their challenging nature and the many technical aspects often involved in such wrongful death lawsuits. Our lawyers are prepared for the challenges and can help you seek proper compensation for your loss due to the negligence of a medical professional.


Challenges to San Antonio Wrongful Death Lawsuits

Many wrongful death lawsuits will likely involve some type of insurance policy. Since a death often results in a large amount of damages being incurred by both the decedent and the decedent’s family, the insurance policy at play in a wrongful death lawsuit may be worth quite a substantial sum. Consequently, an insurer that holds such a policy will likely attempt to do whatever they can in order to not be ultimately responsible for paying out such a sizable sum, regardless of a bereaved family’s need for proper compensation. In other words, it often requires aggressive legal action in order to work against a liable party’s insurer. Such insurers will attempt to pass blame for a fatal accident onto any other party that may have been involved in the accident, even going so far as to call your loved one’s actions into question in the hopes of having the wrongful death claim completely denied. Without the assistance of a strong case built on relevant evidence that can speak on your loved one’s behalf, an insurer may be able to argue themselves out of liability for a fatal accident, resulting in no compensation for your family and no justice properly sought against the liable entity. With two decades of experience in taking on these types of insurers, we’re well-acquainted with their methods and tactics, meaning that we can make sure that you’re treated fairly.

Time itself can also be a challenge to wrongful death lawsuits. For instance, the statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this timeline can be extended in certain situations, a victim’s family most often only has two years in order to seek legal action against a liable party. While this may sound like a long time, it is not such a long time when a thorough investigation must be conducted. Additionally, the longer you may hesitate to contact a San Antonio wrongful death attorney, the more harm you may unintentionally be doing to your case. Evidence goes missing, or can even be removed by those that would rather not be held accountable for their actions. Witnesses can become increasingly difficult to track down, or may forget key details in connection to the fatal accident. As such, getting onto the scene of a fatal accident as soon as possible after it has occurred is often an important aspect toward being able to a build a strong case.

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Contact San Antonio Wrongful Death Attorney Michael Grossman for Help Today

Suffering the loss of a loved one due to a wrongful death is often one of the most painful circumstances that a family can endure. We know that you’re going through a difficult time right now, and we want to be able to help you make sure that one entity’s negligent behavior does not have to result in future financial stress for your family or future harm to another person or their family. With a successful track record in wrongful death cases across the country, San Antonio wrongful death attorney Michael Grossman can help you pursue compensation and seek justice for your loved one’s loss. With a reputation that is well-respected by both well-known insurers and defense attorneys, Grossman Law Offices may be able to help you secure a fair out-of-court settlement so that you may not have to step foot into a courtroom. If a trial case is necessary to fully defend your rights and your loved one’s rights, we will be well-prepared to fight for you in that setting as well. Contact our attorneys at our toll-free number, 1-855-393-0000, for a confidential and free legal consultation. You’ll be able to ask any further questions you may have in regards to possibly pursuing a wrongful death civil suit in San Antonio. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss while the liable parties are held fully accountable for their negligent behavior.


Some of Our Most Recent Successful Cases
$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
$1,000,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
(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.
Total Recovery:
$1,000,000.00
Attorney Fees:
$333,333.00
Litigation Expenses:
$0.00
Confidential Recovery - Wrongful Death / Workplace Accident
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.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$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
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.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
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.
Total Recovery:
$150,000.00
Attorney Fees:
$50,000.00
Litigation Expenses:
$341.00
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
$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
$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
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.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential

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