I didn't know what to expect because I had never been in an accident like this before--actually, I was trying to work the case myself and it wasn't going so well. Fortunately, I talked to Mike and he was able help me out. He did an outstanding job.

-J. D. Dodd
Commercial Vehicle Accident

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 wrongful death lawyer 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
$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
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman's life soon thereafter.

The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.

Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant, and is currently ongoing.
Total Recovery:
$250,000.00
Attorney Fees:
$78,000.00
Litigation Expenses:
$370.00
$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
$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 / 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
$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
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
$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
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
$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

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