If you have lost a loved one due to the negligent act of another in Texarkana, Bowie County, or Miller County, you may be able to recover for things like:
- Medical Bills
- Lost Income
- Funeral & Burial Expenses
- Pain & Suffering (Mental, Physical & Emotional)
- Loss of Companionship
- Loss of Loved One’s Income
When someone is killed in an incident which is attributable to someone else’s liability or negligence, it is called a “wrongful death.” These types of cases are some of the most complex, highly-defended cases in Texas due to the seriousness of the accusation & the amount of potential compensation owed. Texarkana wrongful death attorney E. Michael Grossman and the lawyers at Grossman Law Offices have been fighting for fatality victims and their families for 23+ years. We have won hundreds of these kinds of cases. In fact, we just recently won a $2,000,000.00 award for one of our wrongful death clients. Mr. Grossman is a member of the exclusive Multi-Million Dollar Advocates Forum and was recently named a Super Lawyer by Thomson Reuters, a designation given to less than 1% of all attorneys in the United States. He has won thousands of cases over the years (something that many Texarkana wrongful death lawyers can only dream of) including cases involving fatalities in car accidents, truck accidents, product liability (defective products), premises liability (property owner liability), workplace accidents, drunk driving accidents, as well as boat, motorcycle & ATV accidents.
What Do I Have To Prove?
To “prove” a case involving a fatality like this, you have to show that the defendant was negligent (careless or unreasonable) or grossly negligent (behavior so outrageous as to “shock the senses”). With the latter, you may be awarded punitive (exemplary) damages along with regular compensatory (actual, pecuniary) damages. Punitive damages are given to punish the wrongdoer (tortfeasor) and send a public warning. The four elements which must be proven to win your case include:
- Duty
- Breach
- Causation
- Damages
In other words, you need to show:
- The defendant owed you a DUTY not to harm you.
- He BREACHed (broke) that duty by acting negligently.
- His negligent acts caused injury/death (causation).
- You suffered harm or loss from that death (damages).
Certain cases involving fatalities, like some product liability cases, use a different theory called “strict liability,” where no fault need be shown for the defendant to be liable.
For What Can I Recover?
If you can show the elements above, you may be able to recover damages under the Texas Wrongful Death Act. These kinds of damages are only awarded to cover losses (like those mentioned above) suffered directly by the victim’s family members, not the victim himself. To recover damages suffered directly by the victim, a legal representative of the victim’s estate can file a simultaneous suit under the Texas Survival Statute to recover for things the deceased suffered before passing away, like:
- Medical Bills
- Lost Wages
- Lost Earning Capacity/Disability
- Pain & Suffering
The decedent would have had to have been able to recover for these in a personal injury lawsuit, had he lived. Grossman Law Offices has been recovering these kinds of damages for clients for more than two decades, and we have a wealth of insight and experience into winning these cases. Many firms say they have experience. We can prove it. We have extensive resources to offer our clients, including:
- Significant Financial Backing
- In-House Investigation Team
- In-House Trial Prep Team
- 24-Hour Emergency Response Team
- Attorneys Available 24/7/365
- Cutting-Edge Technology
- In-House Graphics Team
- House Calls for Initial Consult
- Free Consultations
- No Payment Owed Unless We Win
Our in-house teams allow us to keep your costs down and thoroughly collect and preserve all evidence necessary to win your case. We have the financial resources and available qualified experts necessary to pursue your case as long as possible in order to get you the compensation you need and deserve. The Texas statute of limitations says a wrongful death lawsuit must be brought within two years from the time of death. Evidence can be destroyed and memories fade, so call our Texarkana wrongful death lawyers today. Let us handle the legal and financial matters so you can grieve, heal, and lay your loved one to rest.
