San Angelo Wrongful Death Attorney

Grossman Law Offices is Here to Discuss Your Wrongful Death Case - Call Our San Angelo Wrongful Death Attorneys Toll-Free at 1-855-596-3458

If you have arrived at this page, it is likely that you have suffered the sudden, tragic loss of someone very close to you. It is incredibly unfortunate, but wrongful deaths occur all too often in the state of Texas.

When someone loses a loved one due to a wrongful death, the grieving family members often times experience a wide range of thoughts and emotions, such as anger at the party responsible for causing the loss, to sadness and sorrow over the loss itself. There are many times where such wrongful deaths take place due to the negligence of another. When this is the case, one of the last things the grieving family members want to think about is taking legal action against those responsible. But pursuing wrongful death litigation can bring about several answers to those family members regarding the circumstances surrounding the accident that robbed them of their loved one.

The San Angelo wrongful death attorneys with Grossman Law Offices have two decades of experience in helping the grieving family members of those tragically lost through the pursuit of a wrongful death lawsuit.

Pursuing Wrongful Death Litigation

Many times when a wrongful death takes place, the grieving family typically has hardly any concept of why they should pursue a wrongful death lawsuit since they have never experienced anything similar. Therefore, many families decide that they will not seek legal recourse against the party responsible for their loss. They may make this decision because they are naïve, or because of a belief that the party that is liable has already gone through enough suffering. But there are, at minimum, three vital reasons why surviving family members should seriously consider filing a wrongful death lawsuit against the responsible party or parties:

• Wrongful death litigation holds the responsible parties liable for their actions or inaction that resulted in the fatality.
• A wrongful death lawsuit punishes the negligent entity monetarily so that they will be compelled to change their behavior so that fatal accidents of a similar nature do not occur at a later time.
• Wrongful death litigation gives the grieving family a chance to obtain compensation for their loss that can offset the monetary problems that often accumulate. This compensation can help alleviate the stress that comes with financial difficulties, especially those that occur because the deceased was the primary provider of the family.

When the San Angelo wrongful death attorneys with Grossman Law Offices accept a wrongful death case, we work passionately and tenaciously to make sure your family will be properly compensated for your loss. At the same time, we also work to make sure those responsible for your loss are made aware of their negligent behavior so that no family has to endure what yours is going through in the future. We have helped hundreds of clients over the past 20 years, and we completely understand that there is no amount of monetary compensation that can bring your loved one back to you. We will work tirelessly, however, to help you recover from the monetary difficulties created by the loss of your family member.

The Kind of Compensation that can be Obtained Through a San Angelo Wrongful Death Lawsuit

From a technical perspective, the purpose of a wrongful death lawsuit in Texas is so that the bereaved family can obtain compensation for the damages that have occurred due to the loss of their loved one. The term “damages” refers to the monetary losses that have been incurred by the family. There are two kinds of damages that a grieving family can seek from a defendant. These are known as wrongful death damages and survival damages. It is imperative in wrongful death litigation that both of these damages, including the combined total of both, are properly accounted for. Otherwise, it will be nearly impossible for the family to obtain fair and full restitution from the party responsible for their loss.

Family members, or “plaintiffs,” as they are known in legal terms, can seek wrongful death damages for several things that are associated with the family’s loss. The deceased’s spouse, children, parents or other dependents can seek wrongful death damages. You should also be aware that there can be one wrongful death lawsuit that contains multiple parties seeking to obtain wrongful death damages. These kinds of damages can include:

• Funeral expenses.
• Medical expenses that accumulated prior to the fatal accident.
• The loss of financial support the deceased supplied.
• The emotional and mental trauma suffered by the bereaved family members due to their loss.
• The loss of consortium and unique familial love only the deceased could provide.

Survival damages, on the other hand, can only be pursued by the closest living relative to the deceased. These damages are awarded in terms of the damages that were incurred by the deceased before and after passing away. Basically, this means that survival damages include the damages the deceased would have incurred had they survived the accident. We should note that the same person can pursue both wrongful death damages and survival damages as long as the person pursuing them is the deceased’s closest living relative. There can be only one relative who can seek survival damages, because that person is acting as a proxy, in a manner of speaking, for the lost family member. In Texas, this right to prove survival damages goes first to the spouse of the deceased, then the children, then to the parents and, finally, to the siblings. Any or all of the following are included in survival damages:

• Medical expenses the deceased incurred before death.
• Expenses associated with property damage.
• Wages that were lost.
  
• The loss of future earning potential the deceased would have experienced had he or she survived the accident, yet suffered a long-term disabling condition.
• Pain and suffering experienced by the deceased.
• Mental and emotional stress experienced by the deceased.
• Disfigurement.

A vital part of any wrongful death lawsuit is the process of proving up damages so that the plaintiffs can be fairly and fully compensated for the loss they have suffered. There can often be different kinds of legal strategies involved with properly calculating damages, especially when there are varying amounts of compensation to which each plaintiff may be entitled. Because of this, it is imperative that you enlist the help of a San Angelo wrongful death attorney who is experienced in making sure that all survival damaged and wrongful death damages are correctly calculated as well as proven. This is the only way that all the plaintiffs involved in the suit are properly compensated. The wrongful death attorneys with Grossman Law Offices have two decades of experience in proving up damages in Texas wrongful death cases, so they have the experience and knowledge necessary to help your company receive the just restitution that you deserve.

When Should You Pursue a Texas Wrongful Death Lawsuit?

As we covered earlier in this article, bereaved families who have suffered the loss of a loved one may not be aware whether or not they have grounds to file a wrongful death lawsuit. For this kind of suit to have merit, the fatal accident must have included the following four aspects:

• The deceased was killed due to the action or inaction of a liable party or parties.
• These parties in some way acted in a negligent manner, and this negligence caused the accident that led to the fatality.
• The deceased has either surviving family members or other beneficiaries who can pursue wrongful death damages or survival damages.
• The deceased or his or her grieving family members have experienced some sort of monetary hardship due to the accident.

Should even one of these aspects not be present in your case, then you are not eligible to pursue a wrongful death lawsuit. If you have any questions, however, regarding whether or not your circumstances qualify you to pursue legal action, please call the wrongful death attorneys with Grossman Law Offices at 1-855-596-3458 (toll free) for a confidential and free consultation regarding the specifics of your case.

We need to also note that plaintiffs have the right to pursue wrongful death litigation against a responsible party whether or not that party is facing criminal charges for the accident that led to the fatality. For instance, a driver who is distracted might hit a pedestrian and the accident leads to the pedestrian’s death. In this example the driver would more than likely not be criminally charged. However, the pedestrian’s family could initiate a wrongful death lawsuit against that negligent driver. In cases where no criminal charges are filed, this suit is often the only way a bereaved family can see that justice is done and those responsible are held accountable for their negligence.

If it is found that the driver was intoxicated at the time of the accident, however, he or she would more than likely be criminally charged. Even if that is the case, though, the family could still seek restitution through the means of a wrongful death lawsuit.

The Obstacles to Seeking Compensation in a San Angelo Wrongful Death Lawsuit

In any type of wrongful death lawsuit, there are hurdles that plaintiffs must surmount in order to receive the just restitution they deserve. There is a substantial difference between being unaware of obstacles and being well prepared to overcome them. Through our two decades of handling wrongful death litigation, we know the typical issues that can often arise. As a result, we are well positioned to help you wade through these issues that can many times result in a dismissed case or a denied claim.

Wrongful death claims are worth a substantial amount of money. Because of this, defense attorneys and insurance adjusters will work extremely hard, and employ every tactic they can, to help their client avoid responsibility for the fatal accident. They know that if they lose, and a sizeable judgment is rendered in favor of the plaintiff, the insurance company’s bottom line will be severely affected. Insurance companies and their operatives are concerned only with their own self-interests – they could care less about the suffering your family has experienced. This is one of the many reasons why it is imperative that you and your family have a seasoned and skilled wrongful death attorney by your side to counter the tactics of the opposition. You will not only need someone who knows the tricks the other side will play in attempt to avoid compensating your family, you also need an attorney who will act aggressively to make sure your rights are protected. You must realize that the adjusters and attorneys working for the defense are extremely well prepared and experienced; they have made careers out of denying claims much like yours. You simply must have an equal amount of experience and knowledge on your side in order to have the best chance possible of obtaining the compensation that you and your family deserve. Do not try and take on this formidable opposition by yourself.

Another obstacle placed in the way of successful wrongful death litigation is time. Without a prompt and thorough investigation being launched into the circumstances surrounding the fatal accident, critical evidence can quickly begin to fade with the passage of time. The scene of the accident can undergo physical changes, witnesses’ memories can cloud or they can decide they no longer want to be involved, and existing video evidence can be taped over and lost forever. Because of this, one of the most beneficial, decisive actions you and your family can take is enlisting the help of a seasoned and skilled San Angelo wrongful death attorney just as soon as you possibly can. By doing so, you can have an investigation opened and ensure that your rights are protected. Because you’re loved one is no longer able to speak for himself or herself, the evidence collected through a detailed investigation can be used to speak on their behalf. The sooner you contact the attorneys with Grossman Law Offices, the sooner we can begin to build a strong case by gathering the evidence your family needs.

Wrongful Death Lawsuits for Medical Malpractice

Another challenge to a wrongful death lawsuit can arise when the case involves medical malpractice. Recent reforms in the state of Texas capped the amount of damages that a plaintiff can obtain for the loss of a family member due to medical malpractice. When this is the case, we not only work to hold the medical practitioner accountable for his or her negligence, but we also seed other responsible parties, because those parties might not be shielded by the caps that medical professionals enjoy. There are many lawyers in Texas who will refuse to accept cases involving medical malpractice due to the limits imposed by tort reform, or because of the enormous amount of work that is often associated with this type of litigation. But the wrongful death attorneys with Grossman Law Offices are prepared to diligently seek just compensation on behalf of our clients for the loss of their loved ones. We also work to ensure that the same practitioners do not commit further medical negligence that may lead to the death of another person, and the extreme trauma associated with that tragic consequence.

Wrongful Death Lawsuits and Workers’ Compensation

Yet another type of challenge can be found in a wrongful death lawsuit stemming from the death of a worker who dies on the job. If that worker’s employer was responsible for the accident, and the employer purchased, or “subscribed to” workers’ compensation insurance, then the grieving family can obtain compensation for the loss they have incurred through the process of workers’ comp. But that compensation is typically far from sufficient in terms of recovering a family’s monetary losses. Our firm routinely investigates deadly workplace accidents in order to determine whether or not other responsible parties – parties that do not enjoy workers’ compensation protection – may be pursued for compensation. However, even if an employer is a workers’ comp subscriber, that company is not protected if it can be proven the workplace death was due to gross negligence in causing the accident. If this is the case, then the bereaved family can obtain full compensation from that employer. Plaintiffs must satisfy an extremely high burden of proof in order to establish gross negligence, because they must show that the employer was very much aware that a fatal accident could take place yet failed to do anything to rectify the situation by making the workplace safer.

Finally, if a company is not covered through workers’ compensation, then a plaintiff can file a wrongful death lawsuit against that employer. This is an area where it is critical to have an attorney with specific and extensive knowledge of the complexities associated with work injury laws in Texas. The San Angelo wrongful death attorneys with Grossman Law Offices have two decades of experience in both wrongful death and workers’ compensation litigation. Because of our significant experience in these types of cases, we know how to help families of fatal accident victims seek compensation and justice from those responsible.

How Grossman Law Offices Can Help You

It can obviously be an extremely turbulent time after a family suddenly and tragically loses a loved one. We know how difficult an experience you have suffered, and that you likely have far more questions than you have answers. However, we stand ready to help you find the answers you seek.

We can also be of assistance in your efforts to ensure justice is done and the responsible parties are held accountable – not only so that you are properly compensated for your devastating loss, but to make sure no other family has to suffer in the future from the negligence of the liable party. We will work to make sure you receive just restitution so that you can recover from your financial loss, thus helping you devote your full energy to recovering from you emotional loss. By obtaining full and fair compensation, you can ensure that a difficult financial situation does not add to your confusion, anger and grief. Because we have a track record of success in combating the tactics of insurance companies and their operatives, they will often make fair settlement offers to our clients, thus avoiding the uncertainty of a trial. They will often do this rather than risk losing substantially more money by taking us on in court. This is often in the best interests of all parties – especially those of the plaintiff. By avoiding court, the grieving family will also avoid not only savings in money and time, but also the stress associated with having to re-live the tragedy that has befallen them. However, should a trial be necessary, we will devise an effective strategy to protect your rights and the rights of your deceased family member. The defense will attempt to sully the memory of the departed by trying to shift blame for the accident to him or her. However, we will aggressively fight that attempt and ensure your family receives the just restitution that you deserve.

If you have any other questions regarding your potential grounds for pursuing a wrongful death lawsuit against those responsible for your tragic loss, please give the San Angelo wrongful death attorneys with Grossman Law Offices a call at 1-855-596-3458 (toll free) for a confidential and free consultation regarding the specific circumstances surrounding your case. We are available 24 hours a day, seven days a week, and we will gladly answer any questions you may have. We have the passion, the track record and the knowledge necessary to make sure that those who are responsible for your tragic loss are held accountable.