The Texas Survival Statute

If a Loved One of Yours Has Been Wrongfully Killed, Then the Attorneys at Grossman Law Offices Want to Help You Seek Justice

According to the Texas Civil and Practices Remedies Code, if an innocent person suffers an untimely death as a result of the actions or inaction of others, then that person has suffered a wrongful death.

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Some of the loved ones of the wrongfully killed have the right to file a lawsuit against the liable parties to recover compensation for the loss of the family member. If you have lost a loved one in a wrongful death situation, the attorneys at Grossman Law Offices cannot bring your family member back to you. However, we can help you seek justice through the only means you have – pursuing a civil lawsuit against the liable party. Through such a lawsuit, the family of the deceased can recover compensation for their suffering, but more importantly, they can help assure that similar accidents do not occur in the future, robbing other people of their beloved. There are numerous ways in which one person can cause the death of another without being brought up on criminal charges, and the only way to hold these people accountable is with a wrongful death lawsuit.

Over the last 20 years, the attorneys at Grossman Law Offices have devoted their lives to helping Texans in and around Houston recover from the devastating loss of loved ones. We’ve helped hundreds of people receive compensation for the family member that they have had taken from them, and we’ve done our part to reduce the amount of grieving families in the future. The only way to make the world safer is to make a financial impact on negligent parties, so they change their ways. And, the only way to do that is through a wrongful death lawsuit.

At the heart of any actionable wrongful death case is whether or not the party that allegedly caused the wrongful death neglected a legal duty that he or she owed to the deceased. What legal duty one person owes another is determined by the specific circumstances of their interaction and what they were doing at the time of the accident. For example, a surgeon can cut you with his or her scalpel during surgery, but the same surgeon cannot come up to you on the street and cut you open. While the action is the same in both situations, the legal duty of the surgeon is vastly different based upon the circumstances. In order for a lawsuit to be possible, the liable party must have ignored some legal duty required by a situation. For instance, motorists are responsible for taking reasonable actions to ensure the safety of all of the other drivers, passengers and pedestrians on the road. In most fatal Houston auto accidents, the responsible driver has ignored this legal duty.

In order to receive the compensation that they deserve, the victim’s family, also known as the plaintiffs, carry the burden of proof to demonstrate that the defendants committed some form of negligence resulting in the death of their loved one. Proving this is not always easy, and often times you need a skilled attorney with extensive experience investigating accidents scenes and determining liability. With 20 years of experienced, the attorneys at Grossman Law Offices know how to use a timely and thorough investigation to get down to the bottom of the cause of any wrongful death.

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Possible Damages in Wrongful Death Cases

In a legal sense, damages do not refer to the actual harm done to a plaintiff but to the financial value of the harm that has been done to the plaintiff as a result of the defendant’s negligence. Two types of damages may be pursued in wrongful death lawsuits: wrongful death damages which are designed to compensate the family members for their own suffering as a result of the loss of their loved one and survival damages which compensate the closing living relative of the deceased for the damages that the victim could have sought had he or she survived the accident and only been injured.


Wrongful Death Damages

Wrongful death damages can be sought by the spouse, children, parents or dependent siblings, and include:

  • Funeral bills.
  • Medical expenses prior to the death of the victim.
  • Absence of the financial support that was supplied by the victim.
  • Mental and emotional harm caused by the family member’s loss.

Survival Damages

Only the closest living relative can seek survival damages, going in descending order from spouse, to child, to parent to sibling. Such damages can include:

  • Medical expenses that would have been incurred had the victim survived the accident and only been injured.
  • Damage to property.
  • Lost salary while the victim would have been recuperating from his or her injuries.
  • Lost earning potential due to lifelong debilities.
  • Pain and suffering.
  • Emotional or mental distress caused by rehabilitation.

Calculating both wrongful death damages and survival damages can be very complex, but survival damages can be particularly challenging to estimate due to the subjective nature things like pain and suffering and lost future earnings. You need an attorney whose experience with similar cases has taught him or her how to prove up these damages in court, because the burden of proof lies with the plaintiff. Our attorneys have decades of experience calculating survival and wrongful death damages, and we can make sure you are fairly compensated for the loss of your loved one.

If you want to receive the compensation you deserve for the loss of your loved one and try to put your life back together without your missing family member, then you need the help of a skilled wrongful death attorney.


Obstacles to Seeking Compensation

If your loved one was killed while working on the job due to someone else’s negligence, then there can be hurdles that arise in your quest to find the restitution to which you are entitled. The workers’ compensation process can be tricky and deceiving, and Houston wrongful death attorney Michael Grossman has the skill and experience to guide you through the perplexing process.

The first thing you must determine following your loved one’s work-related wrongful death is whether or not your family member’s employer purchased workers’ compensation insurance. Wrongful death claims vary dramatically whether or not the employer had workers comp insurance, known as a subscriber, or didn’t, known as a nonsubscriber. Against nonsubscribers, a wrongful death lawsuit can be sought if the employer committed standard negligence – a momentary lapse of concentration or a solitary mistake. However, in order to file a wrongful death lawsuit against a subscriber, the plaintiffs must be able prove that the defendant committed gross negligence – a wanton or careless disregard for the legal duty owed to the deceased. If a subscriber had committed standard negligence resulting in the death of an employee, then a workers’ comp claim is the method for seeking compensation. For example, if a construction worker accidentally shoots a co-worker in the head with a nail gun, killing the unfortunate victim on the spot, then that’s a tragedy but only standard negligence. If the same worker often likes to shoot off the nail fun without regard to the safety of those around him and the foreman was aware of this behavior, then the employer has likely committed gross negligence.

Unfortunately for plaintiffs, a much higher standard of proof must be met in order to establish gross negligence. Proving that an employer should have been aware of the possibility of a fatal accident can be difficult for inexperienced lawyers, and it’s impossible for someone with no legal experience at all. Our attorneys have mastered the process of proving gross negligence, and we can help you pursue compensation in many cases in which the employer subscribed to workers compensation insurance.

On the contrary, if your loved one’s employer subscribed to workers comp coverage, and he or she only committed standard negligence, then your only recourse is to file a claim with the insurer. These policies have maximum limits to the amount of compensation allowable and often do not adequately compensate mourning families for the loss of their loved ones. However, there may be third parties – the manufacturers of faulty machinery, other workers or contractors – that may be liable, and lawsuits can be filed against them. Our lawyers know how to investigate to identify all responsible parties and maximize our clients’ chances of recovering full compensation for their losses.

Workers’ comp laws were established to reduce litigation and encourage employers to provide for the safety of their employees, so there is only one defense for non-subscribing employers. They must prove that the victim caused his or her own death with his or own negligence. This is known as the sole proximate cause defense, and in order to use it, the defendants will besmirch your deceased loved one’s reputation in an effort to prove he or she was a regularly negligent employee who caused his or her own death entirely. You need the help of a seasoned attorney who can protect your loved one’s reputation against the mudslinging of the defense attorneys.

Since damages for wrongful death cases far exceed property damage or personal injury claims, insurance companies reserve their shrewdest adjusters and most experienced attorneys to handle the cases. With more money at stake, the insurance company will try harder to deny a claim or lessen the amount owed to the victim. Without the protection of a skilled and experienced Houston wrongful death attorney, you are in danger of being taken advantage of by the experienced insurance adjusters and defense attorneys. Our attorneys have won millions and millions of dollars from every major insurance company in the country, so we’re familiar with their tricks and can combat them every step up the way until you receive the compensation you deserve.

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Act Now, or Regret it Later

For every second you wait to find legal representation, your case gets harder to prove. Evidence begins disappearing immediately after an accident – videos are erased, witnesses forget what they saw and the accident scene evolves physically. If you don’t put your lawyers on the trail of evidence soon, then the evidence will be gone and so will your chances of securing the compensation you deserve. Contact us today at 1-855-392-0000 (toll free), and we will answer any questions you have and tell you how we can help. We’ve been doing this for a long time, and we know what a difficult time you are enduring. However, we also know the importance of swift action. The sooner we’re hired, the sooner we can begin our investigation and ensure you the best chances of securing adequate damages. Your loved one cannot defend him or herself – you must act for them to bring the responsible party to justice.

Houston wrongful death attorney Michael Grossman and his team of associates at Grossman Law Offices have been helping bereaved Texans for 20 years, and we can help you too. Don’t let your loved one’s death go in vain.


Some of Our Most Recent Successful Cases
$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
(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
$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
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
$150,000.00 Recovery - Wrongful Death / Workplace Accident
(policy limits) Recovery of a disputed life insurance policy for the family of a contractor who died on the job.
Total Recovery:
$150,000.00
Attorney Fees:
$50,000.00
Litigation Expenses:
$341.00
$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
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
$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:
$0.00
$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

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