Texas Wrongful Death Law

Texas Wrongful Death Attorney Michael Grossman Discusses the Details of Wrongful Death Claims and Lawsuits

Suffering the loss of a loved one is a devastating experience and the difficult emotions you’re likely dealing with are only compounded when another person or entity is to blame for your loved one’s passing.

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However, when a death has occurred due to another person’s negligence, a bereaved family member can seek compensation for their loss through a wrongful death lawsuit. While the money awarded as a result of a successful wrongful death lawsuit cannot replace the loved one you’ve lost, it can go towards helping you recover, since the compensation can be put to beneficial use for medical bills, funeral expenses, lost wages, and lost future income. Additionally, by holding liable parties accountable for their negligent behavior, you will also be working to ensure that a similar accident doesn’t have to befall another family in the future.

However, seeking compensation through a wrongful death lawsuit can prove to be a challenging process for a non-attorney or an inexperienced lawyer. Texas wrongful death law can be somewhat complex, and the issues involved in such cases often require the careful work of a competent and experienced wrongful death lawyer so that the bereaved family can stand to receive full compensation for their loss. The attorneys at Grossman Law Offices are here to help you understand Texas wrongful death law so that you can make the best decision for you and your family.


What Constitutes a Wrongful Death?

A wrongful death is said to have occurred when the victim dies as a direct result of the negligent, careless, wrongful, or reckless act of a person, company, or municipality. The question of intent, or motive, is often the key determinant of a wrongful death case. In other words, the question can be asked, “Did the liable party mean to cause the victim’s death?” If the answer is likely no, then a wrongful death lawsuit can likely be brought against the liable party. There are even some criminal acts where a death has occurred that could be considered a wrongful death based on the particular circumstances of the case.

Furthermore, a legitimate wrongful death claim must have four basic elements:

  • Another person or entity must have caused, in part or in whole, the victim’s death.
  • The person or entity that caused the accident was negligent in regards to the victim’s safety and well-being.
  • There are surviving beneficiaries or dependents who are eligible to file the claim, as discussed above.
  • Some sort of monetary loss was caused by the victim’s death. This monetary loss is called damages.

Is a Wrongful Death Lawsuit a Civil or a Criminal Case?

Wrongful death lawsuits are governed by the Texas Civil Practice and Remedies Code, chapter 71. This means that wrongful death claims are civil charges, as opposed to criminal charges. As such, in cases where criminal charges are not warranted, e.g. a driver causing a death by running a red light, the deceased victim’s family can still seek compensation for their loss and justice for the accident that occurred.

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Who Can File a Wrongful Death Lawsuit?

A wrongful death lawsuit can be filed by the victim’s spouse, children, parents, and executors or administrators of the victim’s estate. Siblings, aunts, and uncles are not permitted to bring a wrongful death suit. Additionally, an eligible party must file a wrongful death claim within two years of the victim’s death due to the statute of limitations in effect on wrongful death claims in Texas.


Who Bears the Burden of Proof in a Wrongful Death Lawsuit?

The plaintiff bears the burden of proof in a wrongful death lawsuit. In other words, the plaintiff’s legal representation must be able to show that the liable party, i.e. the defendant, was negligent in their legal duty towards the decedent. In car accident cases, the legal duty owed is that of public safety. When a driver causes an accident leading to another person’s injury or death, the other driver is said to have violated their legal duty for public safety. As such, they can be held liable for their negligent behavior resulting in the loss of life through a wrongful death lawsuit. Texas wrongful death law mandates the the plaintiff’s attorney must be able to prove that the liable party held some or all of the liability for the accident so that their client can stand to receive compensation.


What Are Damages in a Wrongful Death Lawsuit?

Texas wrongful death law allows for two different types of damages to be sought in a wrongful death case: survival damages and wrongful death damages. Survival damages relate to the damages a decedent would have incurred had they survived the accident. Wrongful death damages relate to the damages that they bereaved family members have incurred as a result of their loss. An experienced San Antonio wrongful death attorney like Michael Grossman will be sure to fully calculate both types of damages so that a bereaved family member can be fully compensated for their loss.

Survival damages can include such items as a decedent’s medical bills before death, lost wages, lost future income, pain and suffering, and mental or emotional turmoil. Faithfully calculating survival damages is important to any wrongful death lawsuit, especially in regards to lost future income, so that the bereaved family will be able to continue to financially support themselves in light of losing their loved one and whatever amount of income that loved one provided.

Wrongful death damages can include medical bills, funeral expenses, loss of economic support, and emotional or mental distress as a result of the loss. These damages are sought as compensation for the decedent’s family loss of their loved one. Our San Antonio wrongful death attorneys at Grossman Law Offices will faithfully tally your damages so that you can stand to receive fair compensation for your loss.


What Are Some Challenges in Pursuing a Wrongful Death Lawsuit?

There are some instances where seeking legal action against a negligent party can prove to be somewhat challenging for a lesser experienced law firm. However, with two decades of litigation experience in wrongful death cases, Grossman Law Offices is well-prepared to assist you through these types of cases.


Proving Gross Negligence of an Employer Covered by Workers’ Compensation Insurance

First, in the specific instances of wrongful deaths that occur at a workplace covered by workers’ compensation insurance, the plaintiff’s legal representation has to be able to prove that the negligent company was grossly negligent in order for a legitimate wrongful death lawsuit to be brought against them. This requires that a high standard of proof be met, since proving gross negligence is often much more challenging than proving simple negligence. However, with our thorough investigative techniques, we are often able to get to the truth of an accident at a job site so that the employer’s negligent behavior is made known.

In these instances, an aggressive insurance adjuster or defense attorney will attempt to pin one-hundred percent of the blame on the decedent for their accident, since this is the only way that a grossly negligent company can escape liability. In attempting to prove that the decedent was the sole proximate cause of their own accident, they can work to have the wrongful death claim denied or case dismissed. This can be a very difficult process for a family to go through since, essentially, their loved one’s competence to do their job correctly is being questioned.


The Need for Evidence

Since wrongful death cases often rely heavily on evidence obtained at the accident scene since the victim cannot speak for themselves, it’s imperative that you contact an experienced San Antonio wrongful death law firm as soon as possible after an accident resulting in your loved one’s death. While you’ve likely experienced quite a traumatic event, contacting Grossman Law Offices in the immediate aftermath of the accident can be the first step towards seeking compensation and seeing justice accomplished. By allowing us to get onto the scene of an accident quickly, we can help to build a robust case based on the evidence gathered at the scene. Additionally, by contacting us quickly, you can work to ensure that vital evidence is not lost over time and witnesses don’t forget relevant details that could prove ultimately beneficial to your case.


High-Dollar Insurance Policies that Are Highly Defended

Lastly, the amount of compensation at stake in wrongful death cases is likely to be quite sizable as a result of the immense harm done to a person and their family. Consequently, an insurance agency that has to back such an insurance policy will be loathe to pay out the likely large sum of compensation. As a result, they will often use their experienced insurance adjusters to make sure that they lose as little money as possible, regardless of your need for compensation in light of your loved one’s loss. Aggressive defense attorneys will also work the case with the sole goal of releasing their client from any or all of the liability for the wrongful death. Be sure to have a just as experienced team on your side by enlisting the help of our San Antonio wrongful death attorneys. We are very knowledgeable about Texas wrongful death law, as well as the tactics that insurance adjusters and defense attorneys will often employ in these types of cases. Let our experience, knowledge, and reputation go to work for you.

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Contact Our San Antonio Wrongful Death Law Firm Today

As you can see, Texas wrongful death law is complex, but our attorneys are here for you. The wrongful death attorneys at Grossman Law Offices have twenty years of experience and have worked with hundreds of high-profile wrongful death claims. We have successfully litigated all kinds of cases, including traffic accidents, work-related accidents, and medical malpractice lawsuits. We are dedicated to keeping you fully informed at every step of the process so that you can make the best decision for you and your family. If someone you love has been killed due to another person’s negligence, contact Grossman Law Offices at 1-855-393-0000 (Toll Free) and make sure your family receives the compensation you need and the justice you deserve.


Some of Our Most Recent Successful Cases
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
$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
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
$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
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.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
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.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$25,000.00
$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
$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 / 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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