Lubbock Wrongful Death Lawyer
If You Have Lost a Loved one in an Accident, Call Lubbock Wrongful Death Lawyer Michael Grossman
When a loved one is lost because of the negligence of another person, his or her family is left with nothing but questions. What was the cause of the accident? How could this have happened? Can I file a lawsuit to recover my losses? Will I need an attorney?
The Lubbock wrongful death lawyers of Grossman Law Offices have over 20 years of experience in handling wrongful death suits. We know the unbearable pain your family is feeling at this moment and we want to answer all your questions. If you feel that the death of your loved one was the effect of another person’s negligence, please contact us to review your legal options and start down the path to recovery.
What are the Reasons for Filing a Wrongful Death Lawsuit?
In Texas, wrongful death lawsuits serve three purposes:
- A wrongful death lawsuit will hold those liable responsible for the accident.
- A wrongful death lawsuit serves as a catalyst for change so that similar accidents will not occur in the future.
- A wrongful death lawsuit compensates the family of the victim for their loss so that they can begin to recover.
We know that there is no amount of money that can replace or make up for your departed loved one. Most likely, however, your family has suffered some kind of monetary loss due to your loved one’s death, especially if he or she was the bread winner of the family. The only chance your family has at reimbursement is by filing a wrongful death lawsuit. If you hire an experienced Lubbock wrongful death attorney, we will make sure that your family receives the reparations they deserve while bringing the responsible parties to justice.
What Compensation Is Recoverable in a Texas Wrongful Death Lawsuit?
In a legal sense, the word “damages” refers to the measurable monetary losses a family has sustained as a result of their loved one’s wrongful death. When filing a wrongful death lawsuit, the family of the deceased, also known as the plaintiff, can file a claim for two different kinds of damages. The first type of damages, called wrongful death damages, are able to be sought only by the parents, significant other, children, and a few other dependents. Wrongful death damages make sure the family is compensated for their physical and emotional losses following their loved one’s death. Many different wrongful death damages claims can be made in a single lawsuit. Some examples of wrongful death damages are:
- Medical costs before death
- Lost wages before death
- Cost of the funeral
- Emotional distress of the victim’s family because of their loved one’s death
- Lost unique love that only the deceased could supply
The second type of damages, called survival damages, can only be sought by the closest living relative of the deceased. Survival damages provide reparations for the lawsuit the victim could have filed if he or she was still alive. The closest living relative acts as a representative of the deceased and files the personal injury claim the deceased would be eligible for. Unlike wrongful death damages, the deceased’s sibling may submit a claim for survival damages if he or she is the closest living relative. The hierarchy of to determine the closest living relative is as follows: spouse, children, parents, siblings. Only one of these entities can file for survival damages. Some examples of survival damages are:
- Medical bills paid before death
- Property damage
- Lost wages from the time of injury to the time of death
- Lowered earning potential because of injuries sustained
- Pain and suffering of the victim prior to death
- Medical trauma that resulted from the incident
- Disfigurement
Did You Know?
Michael Grossman has been fighting for wrongful death victims` rights for over 20 years. Call Mike to discuss your case. 1-855-405-0045
Each of these types of damages requires a different set of litigation tactics. Also, each person who files a claim for wrongful death damages must do so separately because the amount of damages suffered will be different for each person. Claims for damages in a wrongful death case can be very complicated even before the defense attorneys who want to lower your claim get involved. Non-attorneys and new lawyers have a slim chance of success. We hear stories all the time about people who try to file damages claims themselves and end up with nothing because of an unforeseen loophole that never could have known about without the help of an experienced Lubbock wrongful death lawyer.
Don’t allow this to happen to you. The attorneys at Grossman Law Offices have won hundreds of wrongful death cases. With our experience, there is no chance that any procedural issue or loophole will trip us up. We will make sure your family gets the compensation it deserves and that the liable parties are held accountable.
How Do You Know Whether or Not You Have Grounds for a Wrongful Death Lawsuit?
Most wrongful death lawsuits are far from cut and dry, so you may not even know if your family is able to file one. One aspect to consider when thinking about filing a wrongful death lawsuit is that they are civil in nature, meaning you can sue the person who caused the death even if they did not break any laws. For instance, imagine that Fred is driving down the road when he hits a pedestrian who was walking legally within a crosswalk and she dies. No criminal charges would be filed against Fred because his negligence was standard. The only way for the family of the pedestrian to seek justice would be through a civil suit against Fred.
If a liable party is being charged criminally, a wrongful death lawsuit can also be filed against him or her. For example, if Fred was drunk at the time of the accident, he would most likely face the criminal charge of intoxication manslaughter along with a civil wrongful death suit from the family of the victim. In Texas, a legitimate wrongful death case consists of four aspects, all of which must be met in order for a wrongful death lawsuit to be filed successfully:
- Your loved one’s death was caused by an action or inaction of another person.
- This other party was negligent in some way that caused the accident.
- A spouse, child, or parent of the deceased is available to file the suit.
- The death of your loved one caused some sort of damages to your family.
Limits to the Amount of Recoverable Damages in a Wrongful Death Lawsuit and Necessary Standards of Proof to Meet
Sometimes there are limits on how much you are able to recover following the wrongful death of a loved one. Other times, a high standard of proof must be met in order to recover your damages. It all depends on the variables of your case. Years ago, medical malpractice wrongful death legislation was passed because medical costs were at an all-time high because of increased litigation against doctors. This legislation placed limits on medical malpractice wrongful death recovery and made it more difficult for plaintiffs to prove their cases. While these laws certainly achieved their purpose of lowering medical costs and reducing the number of trivial lawsuits, real victims of a wrongful death in a medical setting now have more hurdles to face when filing a claim. To make matters worse, a large portion of the settlement in medical malpractice is returned to the doctor as compensation for medical bills. Because of this, many lawyers no longer take medical malpractice cases.
There are similar hurdles to clear in a wrongful death case that occurs at work when the employer of the deceased has a workers’ comp insurance policy. Although most people believe workers’ comp exists to assist the injured worker, it actually exists to give companies that hold workers’ comp immunity from most lawsuits after a workplace accident. Unfortunately, if your loved one died at work and his employer held a workers’ comp insurance policy, you will most likely obtain far less than you are due from his or her employer. Do not be discouraged, however, as you may be able to seek reparations from other sources. Our attorneys are adept at identifying the cause of your loved one’s accident and tracing it to the correct sources. For instance, if a piece of equipment malfunctioned and caused the death of your loved one, you could file a wrongful death lawsuit against the manufacturer of the equipment. It is still possible to file a wrongful death lawsuit against your loved one’s employer, but only if the employer committed what is called “gross negligence”. Compared to standard negligence, gross negligence is much more difficult to prove.
As we stated before, all of this does not even account for the defense attorneys. To ensure success, it is best to seek the help of a talented Lubbock wrongful death attorney. If you decide to file a lawsuit yourself, it will almost certainly end in disaster. The lawyers of Grossman Law Offices will protect the rights of your family and the legacy of your loved one.
Obstacles to a Successful Lawsuit
Wrongful death claims can cost an insurance company a great deal more than person injury claims, especially when multiple family members each file their own claim. Because of these high stakes, the insurance company will hire a team of attorneys and send their best insurance adjusters whose only objective is to prevent their company from having to pay you or to drastically reduce the amount they have to pay. These attorneys are on the insurance company’s staff, so they will do what they are paid to do even if it is fairly obvious that the defendant was at fault. They may even hire accident recreation experts or other professionals to testify in their favor and make it look like your loved one was liable. Many times, the defense has already assembled their case before your family has even hired an attorney.
Although it is natural to grieve after a wrongful death accident, we recommend that you act quickly in hiring a lawyer so that you have the best possible chance of obtaining compensation later on. The sooner you hire an accomplished Lubbock wrongful death lawyer from Grossman Law Offices, the sooner we will get to work building your case. We will first conduct an investigation of the scene of the accident and collect any evidence we can. If you hesitate to hire a lawyer, some of the important evidence that is necessary to find at the scene of the accident may be unavailable, making your case weaker. As soon as you hire us, we rush to the scene of the accident. Our investigation consists of examination of forensic evidence, witness interviews, careful inspection of police reports, a search for any relevant video or photo evidence, and the sequestering of any and all equipment or vehicles involved.
Texas Wrongful Death Lawyer Michael Grossman and the Lawyers at Grossman Law Offices are Here to Fight for Your Rights
For more than twenty years, we have helped grief-stricken Lubbock residents and people all over Texas who have wrongfully lost a loved one. We know that this is a time of mourning for your family, but we want you to know that the time is now to hire a Lubbock wrongful death lawyer.
Once we are on the job, you will not have to worry about the legal aspects of your loved one’s death. We will help you procure compensation for your loved one’s death so that you can focus on the path to recovery and normalcy. Call us today (toll-free) at 1-855-405-0045. We will answer any questions you may have about the legal process or your case and we will let you know in what ways we can help.
Recovery for family of victim who died after receiving the wrong medication.
$625,000.00
$206,250.00
$5,000.00
(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.
Confidential
Confidential
Confidential
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.
$550,000.00
$220,000.00
$25,000.00
(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.
$1,000,000.00
$333,333.00
$0.00
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.
$3,200,000.00
$1,280,000.00
$50,000.00
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.
$400,000.00
$132,000.00
$25,000.00
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
$97,500.00
$48,750.00
$0.00
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.
Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.
Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.
We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.
The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.
Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.
Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
$2,000,000.00
$775,000.00
$25,000.00
(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.
Confidential
Confidential
Confidential
(policy limits) Recovery for wrongful death/ nursing home negligence which resulted in bed sores which became infected.
$100,000.00
$33,133.00
$400.00