Corpus Christi Wrongful Death Lawyer

Corpus Christi Wrongful Death Attorney Michael Grossman Discusses Filing a Wrongful Death Civil Suit in Texas and How Our Lawyers Can Help You

• Damages in a Texas Wrongful Death Lawsuit
• Do I Have a Valid Wrongful Death Civil Suit?
• Limits on the Amount of Damages That can be Recovered
• Grossman Law Offices can Help You

Losing someone you love in an accident is the most devastating experience most people will ever have to endure. Families often need someone they can turn to for answers in this difficult time, someone who can help them seek justice for the loss of their loved one.

This is often done by filing a Texas wrongful death civil suit against the parties responsible for the family member’s death. However, you should be aware that filing this type of lawsuit is a complex task that should not be handled by a non-attorney. Corpus Christi wrongful death attorney Michael Grossman from Grossman Law Offices has been helping families file wrongful death lawsuits in Corpus Christi for over twenty years. He can help you understand what you are up against, what your options are, and how the legal professionals at Grossman Law Offices can help you.

What is a Texas Wrongful Death Civil Suit Designed to Do?

Wrongful death lawsuits in Texas have two main purposes: to hold accountable individuals and organizations that cause fatal accidents so that these parties will be forced to change their ways, and to provide adequate compensation to the family of the victim so that the family does not face undue financial distress. Our attorneys understand that no amount of compensation can truly compensate you for the loss of someone you love. However, losing a family member can also put a large amount of economic pressure on a family, particularly if the victim was a family’s primary source of income. Our Corpus Christi wrongful death lawyers want to make sure that you and your family do not suffer needlessly under financial pressure and that those responsible for your family member’s death are brought to justice.

What are the Damages in a Texas Wrongful Death Lawsuit?

A wrongful death lawsuit in Texas has two broad forms of damages: wrongful death damages and survival damages. Wrongful death damages are designed to compensate the plaintiff for his or her own loss and suffering caused by the victim’s death. Wrongful death damages can be sought by a number of parties, including the victim’s parents, children, and spouse. There is no limit to the number of wrongful death claims that can be sought in any one wrongful death lawsuit. These damages typically include:

• Medical bills paid prior to the death of the family member
• Funeral bills
• Loss of financial support that was provided by the victim prior to his or her death
• Compensation for the emotion and mental distress caused by the loss of a loved one
• Compensation for loss of consortium and companionship

Survival damages, on the other hand, include the damages for which the victim could have sought compensation if he or she had survived the accident. Essentially, another party stands in for the victim in a legal sense by inheriting the victim’s personal injury lawsuit. This is an exception to the general rule that a victim’s right to sue perishes when the victim passes away. In most cases, the party suing for survival damages is also suing for wrongful death damages. Only one survival damages claim may be filed, and the claim is typically inherited by the victim’s closest living relative. Survival damages commonly include:

• Medical bills that the victim paid prior to his or her death
• Lost wages due to time spent in the hospital
• Any property damage resulting from the accident
• Loss of income capacity due to long-term injury
• Physical pain and suffering
• Mental and emotional distress caused by the accident
• Compensation for disfigurement or any other long term injuries

You should know that these two types of claims are filed in one comprehensive lawsuit, but they are separate claims. Each wrongful death damages claim and the survival damages claim must be built and filed using unique legal strategies. A non-attorney trying to manage this many different claims is likely going to miss something which could result in a smaller settlement or even cause your case to be dismissed entirely. The legal professionals and staff at Grossman Law Offices have years of experience building strong wrongful death lawsuits, and we can make sure that this does not happen to you. We know how to build the strong case you need to hold those responsible for your loved one’s death accountable for their negligence.

Whenever our attorneys take a wrongful death case, our first priority is to hold the responsible parties accountable for their actions and make sure that our clients receive the compensation they need to get back on their feet. However, we also do everything we can to force the responsible parties to alter their ways so that no one else has to suffer at the hands of their negligence. This is an important element of Texas wrongful death laws, and our attorneys want to prevent as many future accidents as possible. In our ideal world, our firm would be out of a job.

How Do I Know Whether or Not I Have a Valid Wrongful Death Civil Suit?

Under certain circumstances, it may not be clear whether or not a family can sue for wrongful death. First off, know that wrongful death lawsuits are civil suits, which means that they can be brought regardless of any criminal charges (or lack thereof) brought against the defendant. For instance, if a motorist is speeding and crashes into a pedestrian, and that pedestrian dies, the motorist may be found to be negligent, and the pedestrian’s family could file a wrongful death lawsuit in Corpus Christi. However, it is unlikely that murder charges would be brought against the motorist because, in all probability, the motorist did not intentionally kill the pedestrian.

However, even in cases where criminal charges are brought, the family of the victim can still file a wrongful death civil suit against the responsible party. This is most common in Corpus Christi drunk driving accidents. According to Texas law, in order for a plaintiff to have a valid wrongful death civil suit, four conditions must be met:

• The victim must be killed in an accident that was caused, in part or in whole, by the actions or inaction of another individual, organization, or combination of these
• The party or parties that caused the accident must have somehow been acting negligently
• There are some surviving family members or beneficiaries of the victim who are eligible to seek wrongful death or survival damages due to the victim’s death
• The plaintiff or plaintiffs in the wrongful death civil suit must have suffered some sort of economic damages due to the victim’s death

Are There any Limits on the Amount of Damages That can be Recovered Through a Wrongful Death Civil Suit?

In certain situations, the amount of damages that can be recovered through a wrongful death settlement might be limited by a number of different factors. In other situations, there may be a higher standard of proof applicable to your case than the typical wrongful death lawsuit. This is particularly common in Corpus Christi medical malpractice lawsuits. In recent years, there has been a wave of tort reform designed to protect doctors and other medical professionals from frivolous lawsuits. A side effect of this litigation is that it is much more difficult for actual victims of medical malpractice to seek compensation for their injuries. Compensation in these cases is severely limited by caps placed on certain types of damages. A large portion of any medical malpractice settlement goes straight back to the negligent doctor to pay for additional medical treatment. Corpus Christi work injury lawsuits also run into these issues when dealing with workers’ compensation insurance. If the victim’s employer subscribes to workers’ compensation insurance, the amount of compensation the family will receive is severely limited. Families often need to file claims against negligent third parties and/or prove that their loved one’s employer was grossly negligent in order to receive the compensation they deserve. Proving gross negligence is a complex task that most non-attorneys simply are not prepared for. Many wrongful death civil suit plaintiffs do not realize how complex their case is until it is too late.

Do not let this happen to you. Let the experienced legal professionals at Grossman Law Offices handle this legal battle. In the world of personal injury law, not all lawsuits are created equal. There are a small number of lawsuits that a non-attorney can handle relatively well just by researching relevant laws and familiarizing themselves with basic courtroom procedure. Wrongful death lawsuits are not one of these. Even the most technically straightforward wrongful death lawsuit is far beyond the skills of non-attorneys and should be handled by experienced professionals only. Do not let the parties responsible for the death of your family member escape justice through a legal loophole that you did not know existed. Our attorneys have seen every trick in the book for avoiding liability in these cases, and we can ensure that your lawsuit is protected from these insidious tactics. Let Corpus Christi wrongful death attorney Michael Grossman from Grossman Law Offices help you.

The Legal Professionals and Staff at Grossman Law Offices will do Everything we can to Help You

You should also know that you will be facing fierce legal opposition in addition to all of the complexities naturally present in a wrongful death lawsuit. You will likely be up against some very experienced defense attorneys and insurance adjusters. In a wrongful death lawsuit, damages are very high when compared to an accident involving only an injury. Put simply, there is a lot of money on the line, and defendants will typically hire the best legal defense they can find (this is particularly true when going up against a corporation or other large organization). Virtually all of the major insurance companies have a team of experienced defense attorneys on retainer who spend all their denying wrongful death lawsuits like yours. Our Corpus Christi attorneys, however, have the experience and knowledge to stand up to them. We are not intimidated by their aggressive tactics, and we can make sure that your case is protected.

Additionally, it is extremely important that evidence is gathered from the accident scene as soon as possible. Many of the most common sites for fatal accidents (busy roadways, construction sites, etc.) do not sit still. Evidence that is vital to your case might be unfortunate short-lived. Furthermore, the longer you wait, the more time the responsible parties have to build a case against you (or even tamper with the evidence, if they are unscrupulous). Whenever our lawyers take a wrongful death case, we move quickly to lock down the accident scene and conduct a thorough investigation so we can determine exactly what happened and who was responsible. The sooner our firm is on the scene, the sooner we can make sure that evidence is preserved. This is the best way to prepare a strong wrongful death case.

For over twenty years, the legal professionals and staff at Grossman Law Offices have been helping families file wrongful death lawsuits. We know that this is an extremely difficult time for you and your family, and that you are probably dealing with so many different things. It can all be very overwhelming. Let our lawyers handle the legal battle for you so that you can focus on getting your life back together. We are intimately familiar with Corpus Christi wrongful death laws, and our attorneys have successfully investigated, litigated, and resolved thousands of wrongful death lawsuits. We have gone up against almost every major insurance carrier and defense attorney firm in the United States. All of the people you will be going up against know who we are, and our law firm's successful track record speaks for itself. Many of our previous cases have resulted in multi-million dollar settlements. Defense attorneys and insurance firms know how successful we have been, and they often offer our clients sizable settlements simply so they do not have to go up against our attorneys in court. This means that we can often help families get back on their feet quickly, without the stress of going to court. Of course, if taking your case to court is the best option, we will be ready to fight aggressively, protecting your family’s rights. No matter what you need, our attorneys are here for you, whether you need an aggressive litigator, someone to answer our questions, or just a shoulder to lean on in this difficult time. If you have lost someone you love in an accident and you are considering filing a wrongful death civil suit in Corpus Christi, contact Corpus Christi wrongful death attorney Michael Grossman from Grossman Law Offices today to set up a free consultation. Let our lawyers help you seek the compensation you need and the justice you deserve.