Houston Wrongful Death Attorneys

Have you lost a loved one due to the negligence of another? Houston wrongful death attorney Michael Grossman wants to help your family get the justice they deserve.

The term wrongful death applies to a broad variety scenarios whereby an innocent person meets an untimely end as a result of the direct or indirect actions of another.

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Under the Texas Civil Practices and Remedies Code, certain family members of a decedent are entitled to seek civil action against any responsible party. In so doing, they can stand to receive compensation for damages incurred, both by the decedent and by themselves. Furthermore, they can work towards helping to prevent similar, tragic accidents from occurring in the future. There are many types of deaths that were caused by another person, but are not found to be criminal in nature. These deaths are most often accidental in nature, but are often as a result of the negligent of one or more parties. A wrongful death lawsuit is the mechanism by which the victim's family members are able to ensure that justice is served in spite of the fact that criminal charges may not be brought against the defendant.

For the past 20 years, Houston wrongful death attorney Michael Grossman and his team at Grossman Law Offices have helped hundreds of families get the closure that they need after losing a family member. In some instances, family members are satisfied to know that they have made a financial impact on the responsible party, and in some cases the family members simply want to force the responsible entity to change their practices to ensure that no other family has to suffer the same way that they did. Negligent parties in wrongful death cases should be held responsible for their actions resulting in the death of a person. Seeking legal action through a Houston wrongful death claim is the legal route to ensure that that happens.


Aspects of a Wrongful Death Case

The foundational aspect of a wrongful death case is whether or not an alleged liable party owed a legal duty, and subsequently violated that legal duty, to the victim. Legal duties are highly circumstantial in that they depend on the variables at play within the accident. The ways in which these legal duties are violated are also highly situational in regards to the types of people or entities involved in the accident. For example, a doctor cannot cut you while you’re waiting for the bus. However, the same doctor can cut you while you’re undergoing voluntary surgery. Due to the change in the situation, the legal duty owed or violated can change. In wrongful death cases, the liable party must have been negligent in some form causing or contributing to the victim’s death, and it is that negligence that is said to have been the cause for violating their legal duty. In fatal Houston car crashes, the liable party has violated their legal duty to provide for public safety while driving.

Additionally, the burden of proof in a wrongful death case rests on the shoulders of the plaintiff, i.e. the decedent’s family member that has brought the wrongful death lawsuit against the negligent party. This means that the plaintiff must be able to prove that the defendant was the cause, or helped to cause, the accident that resulted in their loved one’s death. In such instances, having an experienced investigative team can be of the utmost importance since the decedent cannot speak for themselves, which means that relevant evidence will likely play a key role in helping to determine the cause of the accident and the liable parties responsible for the wrongful death. Houston wrongful death attorney Michael Grossman, with 20 years of experience in litigating wrongful death claims, has an investigative team that can get to the bottom of such accident cases so that the truth of the accident is made known.

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Damages That Can Be Sought in a Wrongful Death Claim

Damages are financial losses that a victim has incurred as a result of a negligent action. In Texas wrongful death cases, there are two types of damages that can be sought. Survival damages are sought on behalf of the decedent as if they would have survived the accident. Wrongful death damages are sought on behalf of the family members that have suffered as a result of losing their loved one.

Survival damages can only be sought by the decedent’s closest living family member, in order from a spouse to children to parents to siblings. Survival damages can include any or all of the following in relation to what the decedent would have incurred had they not suffered a fatal accident:

  • Medical bills
  • Property damage bills
  • Lost wages
  • Lost future wages
  • Pain and suffering
  • Emotional or mental distress

Calculating survival damages can be challenging for those without the necessary experience, since it requires being able to prove up damages, i.e. justify their amount to a jury, for damages that can be somewhat subjective due to their very nature in regards to the what-might-have-been's in relation to the decedent. Furthermore, correctly calculating loss of future earnings can be vital to wrongful death cases in Houston, especially if the lost loved one was the primary wage-earner for a family. Houston wrongful death attorney Michael Grossman has decades of experience in being able to faithfully calculate damages so that a bereaved family member can stand to be fully compensated for their loss.

Wrongful death damages can be sought by spouses, children, or parents, and in some rare cases, siblings. Wrongful death damages can include any or all of the following in relation to the family members’ loss:

  • Medical bills prior to the decedent’s death
  • Funeral expenses
  • Loss of monetary support
  • Emotional and mental distress due to the loss of their loved one

Proving up both survival damages and wrongful death damages is important to any wrongful death claim so that the aggrieved family members can stand to receive full and fair compensation for their loss so that they might be able to get back to their life without suffering further because of financial hardship as a result of their loss.


Challenges in Wrongful Death Cases

When a person is killed while on the job, certain challenges can arise in pursuing a wrongful death claim against the employer. However, this should not prevent an aggrieved family member from seeking restitution for their loved one’s loss. With proper legal help that has both wrongful death experience and workers’ compensation insurance knowledge, seeking legal action against a negligent employer can be done. Houston wrongful death lawyer Michael Grossman has that knowledge and experience and can come alongside you so that justice can be served against a negligent employer.

When a wrongful death occurs at a job site, the first issue that must be determined is whether or not the employer was covered by workers’ compensation insurance. If the employer is not covered by workers comp, then a wrongful death lawsuit can be brought regardless of the type of negligent displayed by the employer. However, if the employer is covered by workers comp, then the employer must be proven guilty of gross negligence leading up to or causing the decedent’s death.

Proving gross negligence requires a much higher standard of proof than proving simple negligence. Gross negligence means that the employer was well-aware that a dangerous or fatal accident could occur, but did little to nothing in order to prevent such an event from occurring. Proving that an employer knew that an accident could happen can be quite challenging for attorneys without prior specific experience in such cases. Houston wrongful death attorney Michael Grossman and his investigative team have the experience and knowledge that can often help prove such a high standard in order to hold a grossly negligent employer responsible for their lack of providing for their worker’s safety.

However, if only standard negligence applies in your wrongful death claim against a subscribing, i.e. covered by workers comp, employer, then you must seek compensation through the workers compensation policy’s insurance company. Often, this compensation will likely be less than what is fair. As such, there are likely other liable parties aside from the employer that can be held accountable through a wrongful death lawsuit. Grossman Law Offices will investigate the scene of the accident in order to ascertain all liable parties so that all responsible parties can be brought to justice.

On the other hand, non-subscribing employers are only offered one defensive measure when a wrongful death lawsuit is brought against them, known as the sole proximate cause defense. In many ways this is a punitive measure employed by state law in order to persuade employers to choose to be covered by workers’ compensation insurance. In many ways this can serve to benefit the decedent’s family in seeking compensation from a non-subscribing employer since their defensive position is difficult to maintain. In the sole proximate cause defense, the employer’s legal representation must prove that the decedent was wholly responsible for their death. While this can lead to a witch hunt of sorts in which the defense attempts to call into question the employee’s competence to perform their job, the standard of negligence that must be proven on behalf of the employer is relatively low. As a result, the burden of proof is often easier to meet in such cases. By enlisting the help of Houston wrongful death lawyer Michael Grossman, we will come alongside you in order to help you prove the negligence of a non-subscribing employer that resulted in your loved one’s death.

Lastly, in nearly every wrongful death case, regardless of where it took place, experienced insurance adjusters and aggressive defense attorneys will likely be working the claim or the case. This occurs because insurance policies that are often at play in such cases are worth much more than if an accident had caused only property damage. Furthermore, as the amount of damages incurred by a victim or victim’s family increases, so too will the experience level of the defense team. They will utilize every tactic they know in order to get the insurance claim denied or the case dismissed. Without the help of an experienced Houston wrongful death attorney like Michael Grossman, you may not have legal representation that can put up a strong fight so that your best interests are represented at all times. With our 20-year history of bringing wrongful death cases against many of these types of insurance adjusters and defense attorneys, we’re wise to their ways and will be able to help you secure full and fair compensation for your loss while seeing justice served.


Contact Houston Wrongful Death Lawyer Michael Grossman Today

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By choosing to wait for even one more day, you could be unknowingly jeopardizing your wrongful death case. Witnesses can forget key details in a short amount of time, or may prove difficult to track down with each passing day. Furthermore, pertinent evidence could go missing of its own accord, or even be manipulated or deleted by those attempting to skirt liability for their actions. Ensure that this doesn’t have a chance of occurring by contacting us as soon as possible after an accident that has claimed the life of a loved one. We understand that you’re likely going through a difficult and emotionally trying time, but allowing us to get onto the scene of an accident site as soon as possible is often one of the most beneficial things you can do for your wrongful death case. Since the decedent is unable to defend themselves, the validity of the evidence must be able to make their case for them so that justice can be served. Grossman Law Offices has extensive experience in conducting thorough investigations into accident scenes in such a way that a robust case can be built and all evidence can be admitted if a court case is necessary.

Call us at 1-855-392-0000 (toll free) for a free consultation. We’ll answer any lingering questions you may have in relation to a possible wrongful death case. We’ll come alongside you during this difficult time so that you can be compensated for your loss and so that justice can be served in light of your loved one’s loss. Houston Texas wrongful death attorney Michael Grossman has 20 years of experience in wrongful death cases and will work hard to defend your rights so that your loved one’s passing will not have been in vain.


Helpful Information

While some types of wrongful deaths are fairly straightforward and obvious in nature, it is quite common for the family member of an accident victim to have trouble determining whether or not they have a legitimate wrongful death case. Our Houston attorneys created the following informational articles to address many of these questions:


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
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:
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$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
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
$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
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
$625,000.00 Recovery - Wrongful Death / Medical Malpractice
Recovery for family of victim who died after receiving the wrong medication.
Total Recovery:
$625,000.00
Attorney Fees:
$206,250.00
Litigation Expenses:
$5,000.00
$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
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.

Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.

Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
Total Recovery:
$250,000.00
Attorney Fees:
$82,500.00
Litigation Expenses:
$10,000.00
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00

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