Category: Wrongful Death

Texas Workplace Accident Attorney Michael Grossman Explains What You Need to Know in the Case of a Fatal Workplace Accident in Texarkana

Texans suffering from the loss of a loved one in a fatal Texarkana workplace accident know that nothing of monetary value can ever replace a loved one lost, or the emotional companionship provided by the deceased individual.

The emotional and financial strain of losing a loved one can wreak untold havoc on the family fabric, and financial stability of the family. Surviving family members of those wrongfully killed in a fatal workplace accident, however, may be legally entitled to seek and obtain compensation for the pain, suffering, and resulting financial losses by way of a wrongful death lawsuit. The wrongful death attorneys of Grossman Law Offices have over 20 years of experience with successfully litigating the cases of our clients suffering from the death of their loved one. It is our stated goal to protect the rights of our clients, and assist them in utilizing their rights to sue those responsible for the deaths of their loved ones, and ensure that justice is served. Our knowledgeable and professional wrongful death attorneys stand ready to help you build a strong and successful case for compensation, and navigate the frequently complex nature of wrongful death law.

Workplace Accidents and the Frequently Encountered Conditions Governing the Pursuit of Compensation
Workplace accidents occurring in Texarkana, TX, run the gambit from those resulting in minimal injury, to those more severe and which result in the deaths of the workers. Below is an inconclusive listing of the differing types of workplace accidents that commonly occur:

• Construction accidents
• Industrial warehouse accidents
• Industrial manufacturing accidents
• Oilfield and natural gas pipeline explosions, or rig explosions
• Workplace fires
• Vehicular accidents occurring on the property of the employer
• Slip and fall accidents
• Electrocution accidents
• Freight and shipping accidents

Compensation for workplace accidents, in the state of Texas, are often covered by Workers’ Compensation Insurance, if the liable employer is a subscriber to Workers’ Comp. In cases where the employer has not subscribed to Workers’ Compensation insurance, the only means available to those seeking compensation for their injuries sustained, or for the death of a loved one resulting from a fatal workplace accident, is through a wrongful death lawsuit. In either case, the legal questions and conditions to be resolved often prove to be frustratingly complex and confusing to the non-attorney, or inexperienced lawyer. Those seeking compensation for their losses must answer the questions “Did the victim’s employer carry Workers’ Compensation Insurance,” “Was the victim a ‘general employee’, ‘contractor’, or ‘temporary worker’?” and “Was the employer negligent, or grossly negligent and therefore the cause of the accident?” The answers to these and other questions are vital in determining both your legal right to seek compensation, and deciding a proper course of legal action with regard to your case. It is therefore apparent that seeking out and designating a qualified legal representative to assist you in your pursuit of justice and compensation is of necessity. The Texarkana wrongful death attorneys of Grossman Law Offices have over 20 years of experience in fighting for the rights of Texans suffering from the needless workplace death of their loved ones. If you or someone you love has lost a loved one in a fatal workplace accident, contact the wrongful death attorneys of Grossman Law Offices (toll-free) for a free consultation.

The Complexity of Workers’ Compensation Insurance, in Short
The reality of resolving a claim for compensation is far from what is commonly portrayed in our media. Unlike Perry Mason, or Judge Judy, the courtroom is characteristically frequently devoid of drama and excitement, but commonly involves the silent drama of attorneys, paralegals, and other legal staff members navigating the morass of legal backwaters, and case law to determine the proper opportunities, and conditions specific to your case. This silent drama represents a world in which the experienced and capable wrongful death attorney performs his or her service to the public. Workers’ Compensation Law, in Texas, has evolved from pressure placed upon the Texas Legislature, by the employers of the state wishing to cap the amounts of compensation received by injured workers and the families of workers killed on the job. What has resulted is what is known as “Tort Reform”, which has rewritten Workers’ Compensation Insurance Law to the benefit of companies subscribing to Workers’ Compensation Insurance. Companies who have opted to carry Workers’ Compensation Insurance are known as “subscribers”, and are only liable for damages– in addition to those granted to injured workers, and the families of workers killed in fatal workplace accidents—if proof of their gross negligence is provided to substantiate a claim for compensation. Companies who have not opted to carry Workers’ Compensation Insurance are known as “non-subscribers”, and are subsequently “punished” by not being protected from lawsuits arising from injured workers, and the families of workers killed in fatal workplace accidents. Those seeking compensation for their losses from a non-subscriber employer need only prove “standard negligence”, and enumerate the validity of the amount of the compensation sought, to substantiate their case.

In either case in which a lawsuit suing for compensation arises, the liable employer (legally designated as the defendant) habitually begins, with the assistance of a team of defense lawyers, to build a case against the deceased worker, utilizing every means possible, whether legal or illegal. The tactics utilized by the employers and their teams of defense lawyers include, but are not limited to:

• The manipulation of evidence to appear damaging to the plaintiff’s claim for compensation.
• Destruction of evidence which offers proof of the employer’s negligence, or gross negligence.
• Attacks on the character, work ethic, or emotional/physical capability of the deceased worker to safely execute the duties of his or her position.
• And the misrepresentation of the “employer-employee relationship”, in the issuance of statements and documents intended expressly to identify the deceased worker as anything other than a “general employee.”

Employers are not legally required to provide a duty of safety to contractors and temporary workers, and many will begin to build a claim against those individuals well in advance of any such accident. Employers may also claim to be hiring “contractors”, or “temps” to execute the duties of jobs (usually the most dangerous, or hazardous jobs), when in fact the individuals they hire are legally recognized as “general employees”, by Texas State Law. This tactic is utilized in avoidance of the need to carry Workers’ Compensation Insurance, and to prevent lawsuits arising from any future injuries, or fatalities. In resolving claims for compensation from our clients, the Texarkana wrongful death attorneys of Grossman Law Offices have been able to uncover and expose these deceitful tactics, and ensure that justice is served. We have assisted 1000’s of Texas families identify all parties liable for damages, and determine their legal courses of action, and secure restitution. Our law firm is recognized for their leadership, and diligent practice of wrongful death law. A reputation that is known nationwide and makes defense attorneys fear litigating cases against our professionals. Let us assist you in securing compensation for your loss, and bring those responsible for the death of your loved one, to justice.

Standard Negligence and Gross Negligence
A standard of degree separates the two types of negligence required to substantiate wrongful death lawsuits seeking compensation. Standard negligence represents a momentary lapse in judgment, or focus, and is required as substantiating evidence in a lawsuit brought against a non-subscriber employer (one who has opted out of carrying Workers’ Compensation Insurance). Standard negligence defines accidents which could not have been predicted, and therefore could not have been avoided, and are usually covered and compensated for, under the Workers’ Compensation Insurance policy of a subscribing employer. Gross negligence, however, represents a willful and, or intentional disregard for the safety of a worker or workers, on the part of the employer, and is a necessity in substantiating a lawsuit suing for compensation in addition to that awarded via a Workers’ Compensation Insurance claim from a subscribing employer (one who has opted to carry Workers’ Compensation Insurance).

An instance of gross negligence would be that of a worker, who habitually disregards the safety of others by placing toolboxes or other materials directly in the path of travel of other workers. A construction foreman who habitually fails to provide for the safety of his or her crew in neglecting to provide safety equipment appropriate for the safe execution of the duties of his crew would also be guilty of gross negligence. An example of standard negligence would be that of a commercial truck driver, or the driver of an 18-Wheeler who does not see a worker rounding a corner while he or she executes a turn in a warehouse parking lot, and causes an accident in which the unseen worker is injured, or killed. Another example of standard negligence would be that of an accidental fire in a warehouse where a number of workers are injured, or killed. In these two cases, the degree of standard negligence would apply as substantiating causes for a wrongful death lawsuit, since neither of the accidents could have been predicted, and therefore avoided.

A final example of the differences between standard and gross negligence comes from an example in which 46 miners lost their lives in a fatal mining accident. In this case, the mining company was only guilty of standard negligence, because they adhered to all appropriate safety rules and regulations regarding the safety of their workers, and the operation of the mine. However, had they not done so, and continued their modus operandi regardless of numerous warnings of seismic activity in the area, they would have been guilty of gross negligence.

Sole Proximate Cause
Proof of either standard or gross negligence requires the knowledge and thorough investigation techniques of a skilled and experienced wrongful death attorney. Non-subscriber employers have but one legal defense against a lawsuit arising from either injury or wrongful death: that of sole proximate cause. This defense strategy seeks to prove the culpability of the deceased, or injured worker, in proving that he or she was 100% responsible for his, or her own death. In this strategy, the defense lawyers of the employer, and the employer’s insurance company deploy their most hateful and defamatory tactics. The attorneys of Grossman Law Offices, with over twenty years of experience, have met these tactics with resourcefulness, and aggression, and succeeded in overturning this defense strategy to secure proper compensation for our clients’ pain and suffering. The tactic of manipulating your loved one’s reputation, and documented work habits are additional weapons in the arsenal of the defense lawyers. Weapons which the skillful wrongful death attorneys of Grossman Law Offices successfully turn against them. An experienced Texarkana wrongful death attorney, from Grossman Law Offices, can be your shield against these tactics. We are here to put our experience to work for you, in fighting for your rights, and protecting the memory of your deceased loved one.

Do Not Allow Those Responsible for the Wrongful Death of Your Loved One Go Unpunished
The Texarkana wrongful death attorneys of Grossman Law Offices will leave no stone unturned in assisting you pursue compensation for the death of your loved on in a fatal workplace accident. In our fight for your legal rights, we will conduct a thorough investigation of the scene of the accident, immediately gather eyewitness testimony; and assist you in determining a legal course of action of the greatest possible benefit to you. Our capable wrongful death and workplace accident attorneys will identify all liable third parties, be your shield against the inevitable strategies of discrediting your claim for compensation, and ensure that you are awarded the compensation for the pain and loss that you have experienced. If you have lost a loved one in a fatal workplace accident, then the attorneys of Grossman Law Offices are here to help. Contact the Texarkana wrongful death attorneys of Grossman Law Offices (toll free), today, at 1-855-239-1290, for a free consultation. Let our over two decades of wrongful death and fatal workplace accident lawsuit experience help you to bring those responsible for your loss of companionship to justice.

Texarkana Wrongful Death Lawyer Michael Grossman on Fatal Semi Truck Accidents and the Aftermath

Have you suffered a loss recently in a tragically fatal semi truck accident in Texarkana, TX? It is a sad fact that no action can bring back your loved one or somehow make up for the tragic loss. However, following such an accident you do have several choices for how to proceed legally in order to achieve some compensation for your loss as well as some justice for those whose negligence caused the loss.

You might ask us, what are the legal options following such a tragedy, and whom will I need to contact to start the process to achieve just restitution and to bring those responsible to account for their actions? In any case of wrongful death involving motor vehicles and especially in cases involving semi trucks, the practical and legal proceedings are complex and convoluted, far beyond the skill-set of an inexperienced attorney, much less someone who does not have a legal background or have extensive knowledge of the law who might try and represent themselves. The fact that it is a wrongful death case will make it complicated such that only an experienced attorney can hope to bring you through the situation. The fatal semi truck accident wrongful death lawsuit is a complicated process made more so by each of its components. Grossman Law Offices offers this article by way of information so that you have the tools to make your first step in the arduous process following the tragic loss of a loved one to fatal semi truck accident. If you have any questions, don’t hesitate to call us at 1-855-239-1290 (toll free) for a free consultation. Remember as well that time is of the essence. If you are uncertain what your legal options are, call us today.

Fatal Semi Truck Accidents
A general and prevailing misconception regarding wrongful death litigation that involves semi trucks is that the only real difference between a situation where someone is killed by an 18-wheeler and a situation where someone is killed by an automobile is the size of the accident and possibly the size of the settlement, since 18-wheelers are commercial vehicles. Both of those elements have truth in them. The size of the physical accident is indeed larger, seeing as how the difference in mass between a big rig and an automobile is enormous, and indeed some semi truck accidents affect more than just a few people on the highway. If, for example, the anti-lock breaks of a semi truck failed and the truck was moving along a flat standard grade stretch of highway, the velocity of the truck would carry the vehicle a mile before it stopped. Imagine thousands of pounds of steel hurtling down the road for a full mile. The damage could be enormous. However, some accidents involving semi trucks are of a similar scale to an automobile accident, if, for instance an 18-wheeler changes lanes without looking and knocks another vehicle off the road. It can be just as fatal, though. The second part of the misconception is that aside from the physical size of the accident, the only real difference is in the settlement, which is sure to be at least a little larger since 18-wheelers are commercial. Once again, this can be the case, since the insurance policies that commercial trucking companies hold are very large. However, the real difference between a fatal accident involving a semi truck and a fatal accident involving an automobile are the legal proceedings and the players on the defense. As we will go into later, the trucking companies and the insurance companies are not going to mess around, they are not going to be altruistic, and they will try their hardest to prevent you from seeing a single cent of remuneration for the loss of your loved one.

In fatal semi truck accidents what you really need is an experienced and competent lawyer who has dealt with the companies in question before and who knows the ins and outs of the legal process involved with litigating a semi truck wrongful death claim. An attorney taking on this case is not just dealing with the negligent driver of the truck. They are dealing with a whole team of experienced and aggressive lawyers, adjusters, and company officers. The wrongful death lawyers in Texarkana, TX at Grossman Law Offices have been litigating cases like this for twenty years and can foresee the variations and complications that are going to be a part of this case. We will fight for your rights, however, so that you and your family will receive the just compensation you deserve for your tragic loss. Below we will outline some of your options as well as some of the primary obstacles that could prevent you from achieving restitution without an experienced and capable fatal semi truck accident attorney. If at any point you have any questions, don’t hesitate to call 1-855-239-1290 (toll free).

What Are the Options for Damages?
When we refer to damages, we are referring to the ultimately quantifiable list of financial and emotional losses. This becomes more complicated than you would think, but in the majority of fatal semi truck accident claims, there are two possible sets of damages the victim’s family can claim. These are damages for wrongful death, and survival damages. When we are talking about wrongful death damages, we are talking about the damages resulting from the suffering that the family and the loved ones have incurred following the death of a family member, and the additional losses that come if that person was a wage earner. When we talk about survival damages we are referring to the emotional and financial losses that come after losing a family member, the hospital bills, the wages lost, et cetera.

Wrongful Death Damages
The damages for wrongful death could include the compensation for any medical expenses suffered by the victim while they were in the hospital and the funeral expenses resulting from the accident. These are fairly black and white. They will be clearly marked on bills and can be easily presented to a jury. Wrongful death damages also includes the loss of the financial support of the deceased as proved by his or her prior support to the loved ones. In cases where the primary wage-earner was the victim of the accident, the losses are particularly acute, seeing as how not only was all of that income lost, but also some current member of the family will have to find a better job, possibly undertake expensive training, and so forth. The severe emotional trauma and the mental strain caused by the loss of a loved one, as well as the loss of an irreplaceable member of a family are two damages covered under wrongful death damages, are a more likely to be contested by the defense, who could claim that because these are intangible, they are not so easily quantifiable.

Survival Damages
The survival damages include the compensation for any lingering medical bills from the victim’s time in the hospital following the tragedy, as well as the money actually lost by the victim from their lack of work, as well as the lack of work for the family members who might have taken time off to be with the victim, all of this being due to the fatal accident. Survival damages also includes some damages for emotional turmoil following the accident, as well as any physical pain and suffering undergone by the family as a result of the accident.

We understand that talk of compensation and remuneration can be unsettling since no sum of money can give you back your deceased loved one or even begin to fully compensate you for the extremity of the loss you have suffered. At the same time, though, we also know that the period following a fatal semi truck accident can be fraught with severe financial losses that come from the hospital bills, the funeral bills, the loss of wages, the loss of property, and the loss of future opportunity, as well as many other losses. The compensation is an important part of the process since it will help to provide financial security following the accident. It also has the additional and added purpose of holding certain parties accountable for their negligence. Here at Grossman Law Offices, we understand that this next step is important for the family and we know how to assist you so that you receive the most possible compensation you deserve for your loss. We will also fight to see that the responsible parties are held accountable for their actions.

Because so many of the damages include less tangible losses that come from emotional suffering and trauma, and are therefore extremely subjective, it is vital that your retain the services of a Texarkana wrongful death lawyer who has a great deal of experience and competence when it comes to accurately and adequately calculating the full range of total losses and damages resulting from the fatal semi truck accident. Michael Grossman and the attorneys at Grossman Law Offices understand the process for building a complete and comprehensive fatal semi truck accident wrongful death lawsuit that carefully separates and quantifies both wrongful death damages and survival damages. An issue that creates even more confusion in fatal eighteen-wheeler accidents is that there is often more than one liable party whose negligence could have contributed to the fatal accident. If you want to find all of the responsible parties and hold them justly accountable for their actions, then you need an experienced wrongful death attorney in Texarkana, TX, who knows all of the different strategies necessary to bringing a suit against multiple defendants and claiming damages from all of them. Just coming up with the list of damages is complicated enough as it is, but you will also need a competent and experienced lawyer who can either pursue the case in a court trial or force the insurance company to come to an equitable and just settlement.

At Grossman Law Offices, we have twenty years of experience in litigating cases like this and we understand the strategies necessary for building comprehensive and strong lawsuits to bring against all of the liable and responsible parties involved and then following through with a strong case for just compensation that the liable parties must pay our clients. Texarkana fatal semi truck accident lawyer Michael Grossman understands what it takes to build and litigate a strong case that will see our clients to their goal of achieving just compensation for the terrible loss they have incurred as a result of the negligent actions that caused a fatal semi truck accident.

Trucking Companies, Insurance Adjusters, and Defense Specialists
A major obstacle to achieving compensation and to bring the responsible parties to account for their actions exists in the total defense of the responsible parties. As we noted before, commercial big rig accidents are different from automobile accidents because of the legal complexities, the extent of damages, and the aggressive behavior of the agents of the trucking company and the insurance company. Below are a some of the serious roadblocks to achieving justice in a fatal semi truck accident, and therefore some of the reasons why it is vital to retain the services of an experienced wrongful death attorney who knows the in and outs of fatal semi truck accidents.

The Insurance Company
The fairly tame commercials that one sees on television for auto insurance companies presents them as fair, consumer-friendly, almost altruistic companies who want to be seen as almost family-like or paternal in their protection of the policy-holders. The truth that everyone knows to be the case is that insurance companies are for-profit businesses that gambling their assets against the chance that the policyholders and their vehicles will be injured in an auto accident. And then, when they are, or when their vehicles are damaged, the insurance company will work to show that it was the other party who was responsible, and the other party’s insurance company who should pay. In other words, insurance companies have a bottom line. They are not your friends. They are not your family. They are a business.

Compared to the insurance companies for commercial trucking companies, however, the standard auto insurance companies start to look pretty fair and altruistic. The trucking company that either owned the big rig involved in the accident or hired the owner operator who drove the cargo purchased an enormous insurance policy to protect them in the event of an accident, but this by no means guarantees the family of the victim to an easy, hassle-free lump sum of compensation for their loss. The commercial trucking insurance company is dealing with policies that are 50 times larger than the standard policy for an automobile. The risk is so high that the insurance company hires a team of adjusters who are highly experienced and competent at short-changing the claimants in order to help the insurance company maintain or increase their profits.

You will probably be experiencing the results of a fatal semi truck accident for the first time with this case, and have the added burden of loss, financial instability and emotional trauma. The insurance adjusters, however, are at the top of their game and have been doing this for years and excelling at it if they are the senior adjusters for a commercial trucking insurance company, and they know how to play the situation to their advantage, even taking into account the vulnerability of a grieving family. The first thing they will do will be to meet you on the grounds that they ‘just want to help’, and they will talk about getting you the restitution you deserve. They will just want you to answer some questions, all routine type of stuff. Do no let this fool you. They will aggressively push you with question after question waiting for you to slip up and admit even the possibility of your loved one’s liability in the accident that took his or her life, so that they can avoid compensating you for your loss. We have known insurance adjusters to visit the home of the grieving family, to visit the funeral or the morgue or the hospital, attempting to just get the loved ones to ‘sign a few papers’, in which they conceal the part where the family signs away their right to pursue a wrongful death lawsuit against them. Sometimes they will offer a settlement right off in exchange for an agreement not to sue. These settlements are always going to be inadequate, so you must not sign anything until you have retained the services of your own attorney and consulted with them at length about the process for what to do next. So many grieving families feel like signing a settlement will bring about some sort of closure and so they will accept unjustly low offers just to put everything behind them. Don’t do this. You deserve better and the liable parties deserve to be held accountable. Once you retain the services of the attorneys at Grossman Law Offices, we will deal with the insurance adjusters for you and we can guarantee that with our twenty years of experience with this sort of case, we will not fall for some trick or jeopardize your case.

Defense Specialists
In the majority of cases, the trucking company and the team of defense specialist they have at hand knew about the accident and the wrongful death of your loved one before you did. The moment the truck driver calls the trucking company to report the accident, they will build a defense team of attorneys and specialists in fatal semi truck accidents and send them to the scene of the accident to begin the process of building a case against your claim. They will interview locals, find witnesses, and try to search for any evidence that will show that your deceased loved one or another third party was the liable party in the accident and that the trucking company bears no responsibility. This is their only possible course of action and they aggressively pursue it. When it come to uncovering witness statements, the driver of the semi truck has no interest in admitting that it was his or her fault and not the deceased. Their job and livelihood and hope of future employment depend on their record and they probably won’t throw that away just to be honest. The defense specialists do not have your interest in heart. They are thinking about the company they work for and you or your best interests do not come into the equation.

In order to succeed against these lawyers, you must try and combat their experience and competence with other experience and competence. For 20 years the attorneys at Grossman Law Office have been dealing with fatal semi truck accidents, the adjusters, and the defense specialists. We understand the complexities and we build our own investigative team as soon as our services are retained. We will immediately protect and sequester the vehicles that were involved so that we can keep them safe and preserve their integrity from any other party who might be interested in them, and we will set our specialists to work examining every inch of the vehicle. Others in the investigative team will be out in the field, interviewing any available witnesses, pouring over research into the trucking company records and the record of the driver, and collecting police reports and on-site measurements. We will ascertain what happened, who was liable, and will build a case on that towards helping you achieve restitution.

Why You Need a Lawyer
The availability of internet resources on law and certain legal situations might convince some non-legal experts to attempt to represent themselves in a situation where there has been a wrongful death resulting from a semi truck accident. Remember that a successful case involves far more components than just a simple knowledge of the legal process and the law. You deserve to have an experienced attorney who knows all the complexities of the process and will be able to forestall any attempts made by the defense to have the case thrown out or to show that the victim was the liable party. You deserve a competent lawyer who knows how to account for damages and can build a strong case based on the evidence at hand as well as witness testimony. When non-legal people try to represent themselves they generally end up destroying their own cases simply because they don’t have the experience necessary and the defense lawyers eat them alive. People think that because a case looks obvious that an insurance company will automatically settle because they don’t want to look bad in court, but the truth is that insurance company lawyers are a lot better at what they do than an untrained non-lawyer who attempts to represent himself or herself, and the company will know that and work very hard to discredit that individual.

Let Us Help
The Texarkana fatal semi truck accident attorney Michael Grossman and the lawyers at Grossman Law Offices understand how to build a strong case for the protection of your right to just compensation for the loss you have experienced from the liable parties whose negligence caused the death of your loved one. After 20 years successfully litigating cases like this, we have dealt with most of the major insurance companies in the United States and they understand our name and our reputation for success. If you have lost a loved one to a fatal semi truck accident in Texarkana, Tyler, Longview, Marshall or anywhere in the state of Texas, then don’t hesitate to contact us. We understand how to deal with trucking companies and insurance adjusters, and we know how to build a strong case that will defend your right to just compensation for your losses. Since our success rate is so high, the insurance companies will often choose to settle out of court at an amenable rate so as not to incur the extra expense of going to court against us and losing both the settlement and the court fees. Our goal is to do what is the best for our clients and we will work tirelessly to see that you receive the closure and remuneration for your losses that you deserve. If you have any questions, then don’t hesitate to call us no at 1-855-239-1290 (toll free) for a free consultation.

Texarkana Wrongful Death Attorney Michael Grossman on Fatal Auto Accidents in Texas

Losing someone in your life to fatal auto accidents is a devastating experience. Our firm understands that you’re very probably dealing with several dark emotions – anger, frustration, and sorrow. You deserve some justice, even if only through a civil claim. And the fact of the matter is you deserve compensation so that you may take care of surviving family members.

Contact Texarkana fatal auto accidents lawyer Michael Grossman and his team of proven lawyers at Grossman Law Offices. That way you may start the process of claiming your justice through a wrongful death claim. And our firm may start working to get the compensation to which you deserve. In this article, our firm provides information so that you may become more aware of what is involved in a wrongful death legal action as well as some of the challenges accompanying with this type of claim. The following article should not be taken as legal counsel. Our firm may offer you personal consultation if you contact the Grossman Law Offices in Texarkana at 1-855-239-1290 (toll free).

Our firm may answer your questions and provide legal options for your claim. While it may be a trying time for you, it’s usually in your best interest to speak to a Texarkana fatal auto accidents lawyer so that you may be compensated for your monetary losses and see that those liable are brought to civil justice.

Traffic fatal auto accidents usually involve one driver and another, or their respective insurance firms against each other. In claims of fatal auto accidents, the victim is not only against the driver of the other auto, but frequently go against the driver, the driver’s insurance firm, the firm’s insurance firm and even others who may have been involved. When the other party is a commercial carrier like a trucking company or a commercial transit like a bus, the challenges are worsened.

In other words, it would be extremely complex and too much to handle by yourself. There will be several liable parties concerned. Also, insurance firms are ready for fatal auto accidents, because with so several automobiles on the road at any time of day and night around Texas, collisions are inevitable. It is a once in a life of tragedy for you, but for them this is part of doing business. Texarkana fatal auto accidents lawyer Michael Grossman, with 20 years of experience, may aid get you compensation for your loss.

Why Bring a Texas Wrongful Death Claim?
There are two good reasons to sue when there are fatal auto accidents. First of all, it gives the possibility of surviving family members to recover monetary losses. Yes, it may seem strange because money may never replace the absence of a loved one or spouse, or salve the trying anguish that follows fatal auto accidents. But you must understand that the losses resulting from auto fatal auto accidents are frequently monetary, too. Surviving victims face high health care expenses and repair fees after the fatal auto accidents, as well as other losses. There is also the lost income of the victim. There are funeral fees that may be extremely expensive. There is even loss of all future earnings. To cover the cost of these there are the survival and wrongful death damages. Our firm will cover these, so you may understand why you should file a legal action. Bringing a claim against the defendant may aid you with the monetary aspects of a recovery. Getting paid by the party or parties liable goes far to aid the family members of the victim get back on their feet and start the getting better.

There is also the issue of the punishment of the liable party, to make sure that no one else gets wounded as you and your family members have been. When you file a legal action against the parties who was the cause of the fatal auto accidents, your loss is not suffered completely in vain. You punish the perpetrators of the accident. If you punish them through the courts, it lessens the likelihood they will make the same errors that might jeopardize other families in the future. You will protect other people from what you’ve suffered.

You Need a Texarkana Fatal Auto Accidents Lawyer
Grossman Law Offices has never seen a non-lawyer bring a wrongful death legal action with success. With so much money on the line, it is not a risk you may afford to take. Your own monetary well-being and your family members might be threatened if you don’t handle it properly. Texarkana fatal auto accidents lawyer Michael Grossman will give you the experience and knowledge to properly and fully carry out your wrongful death legal action.

There Are Several Factors Involved
When several liable parties are involved, the damage may be assessed for each defendant, and there are legal options to follow against each defendant. Texarkana fatal auto accident lawyer Michael Grossman has 20 years of experience in the claims of wrongful death and our firm will make sure that those liable – which mean that all parties – are named and prosecuted, and then you may receive full compensation.

Naming the accused is not always easy in fatal auto accidents. It is because there are so several people on the road. One or more of such persons and entities may make errors that may lead to fatal auto accidents. First on the list are other drivers. Their actions are frequently the direct cause of fatal auto accidents. Sometimes the drivers are just careless or reckless in their behavior. They may drive too fast, run through red lights, ignoring traffic stops, disregard road conditions or make curves too fast. But then there are other drivers, pedestrians and even third party entities that may have been involved.

What You May Pursue in Compensation for A Wrongful Death
Under Texas wrongful death law, a civil legal action for negligence and wrongful death will usually contain two types of damages and the possibility of several different claims. The damages are damages for wrongful death or survival damages.

Survival damages, conversely, include all the damages the victim might have claimed for compensation if he had survived the accident. Basically, the plaintiff who is a survivor has the ability to pursue injury damages, standing up for the victim who died. In most claims, the applicant who is pursuing survival damages will also pursue damages for wrongful death. There may be only one survival damage claim for a wrongful death legal action since there is only one personal injury legal action to inherit, and that claim is typically inherited by the closest and most direct living relative (spouse, then child, then parent, then siblings). These sorts of damages are usually:

• Mental and emotional damage that was caused by the incident
• Any damage to property
• Compensation for disfigurement or any other long-term injuries
• Any health care expenses paid before the victim’s death
• Absence of future earnings potential
• Absence of wages from time spent in the hospital
• Physical pain and anguish

Compensation for wrongful death includes all the pain and anguish (both monetary and emotional) that the plaintiff has suffered owing to the death of the victim. The spouses, children, parents, and some other beneficiaries may claim these sorts of damages. Any number of claims for damages may be applied for in a wrongful death legal action. These sorts of injuries frequently include:

• Absence of monetary support provided by the victim before death
• Compensation for absence of companionship and consortium by reason of the death of the victim
• Funeral expenses
• Health care expenses
• Compensation for psychological and emotional anguish that was caused by the absence of a loved one

You must understand that claims of wrongful death damages and survival damages claims are different and each must be sought through unique legal tactics. Also, each legal action of a wrongful death is sought in a trial and must be treated individually because plaintiffs generally have basically little variance in the amounts of damages. These damages must be shown on an individual basis. Even before examining your legal opposition, the prosecution of such lawsuits is complex and technical. Most laymen simply do not have the experience and or knowledge of administrative procedures needed to file these sorts of lawsuits effectively. Our firm has seen countless tragedy stories about laymen filing their own legal action for wrongful death forgetting a minor detail, resulting in a court of law order to reduce damages or even cause the claim to be thrown out.

Do not allow it happen to you. Texas fatal auto accidents attorney Michael Grossman and the other lawyers in Grossman Law Offices have over twenty years of experience in Texas wrongful death law, and our firm may be sure to cover all the bases at you trial and not have any loopholes that allows a defense lawyer to get your claim thrown out. Our firm may aid you obtain proper compensation for your family members. However, our firm will also do everything we can to force the defendants to reform their actions so that you loved one’s death was not in vain. Our firm hopes to make sure they avoid such fatal auto accidents in the future. It is a key part of the Texas wrongful death legal action, and our professionals do not allow it to go neglected.

The Complexity of Fatal Auto Accident Litigation
Few claims of wrongful deaths are simple. In some situations, family members may not understand whether their loved ones to death are eligible to file a wrongful death civil legal action. Note that a legal action is a kind of wrongful death civil claim, which means it may bring a legal action for wrongful death, regardless of the presence or absence of criminal charges against those liable. By way of example, say that the driver is driving recklessly and accidentally struck a pedestrian in a crosswalk. The pedestrian was mortally wounded in the accident. In all likelihood, the driver would be not charged in the death because it is very probably the case that the driver did not mean to kill pedestrians. However, the driver was careless, which means that the family members of the pedestrian might sue the wrongful death civil legal action against the driver, despite the absence of criminal charges.

But even if charges are brought, the family members may still sue in civil court. If in the example above, the driver was drunk, they would very probably face some sort of indictment in the death of the victim such as intoxication manslaughter, perhaps. Even if the driver is tried and convicted of these sorts of charges, the family members may still sue for wrongful death civil. Under Texas law, four conditions must be fulfilled for an applicant to have a legitimate wrongful death trial:

• The plaintiff in the civil wrongful death proceedings has suffered a kind of economic damage was the cause of by the death of the victim
• The victim was killed in fatal auto accidents that were caused in whole or in part by the actions or inactions of another party or parties
• The party (parties) liable for the accident must have behaved carelessly at the time of accident
• Some of the survivors or loved ones are beneficiaries who deserve to apply for either the survival of any damage or wrongful death damages

In some situations, there may be caps on the amount of damages that the plaintiff may recover with a combination of civil wrongful death. In other claims, a higher standard of proof is needed for the pursuit of a wrongful death suit.

Plaintiffs will face similar challenges in wrongful death lawsuits where it happens on the job – such as a fatal auto accident suffered while on the job. In these sorts of claims they have to fight the workers’ comp system. If your loved one’s employer has workers’ compensation at the time of accident, the amount you may recover will be extremely low compared to general wrongful death claims. In these sorts of situations, frequently, our law offices look for third parties who were also liable for your loved one’s death and file claims against them. And if our firm can show that your employer has been grossly negligence, the cap imposed by workers’ compensation does not apply. However, it is an extremely strict standard of proof. Texas fatal auto accidents attorney Michael Grossman understands how to pursue what is needed in these sorts of claims.

As you see, these sorts of claims are frequently much more complex than they seem at first sight – and that’s even before any legal opposition is even considered. It is the kind of trial that you must have a proven Texas fatal auto accidents attorney on your side. Laymen may sometimes bring their own personal injury lawsuits in certain situations. However, the filing of a wrongful death without further extensive legal experience is a recipe for failure. These sorts of claims are extremely complex and technical, and you need aid from a proven lawyer to make sure that those liable for your loved one’s death will be held to account. Allow Texas fatal auto accidents attorney Michael Grossman makes sure that your family members’ legal rights are preserved.

You File a Suit to Pursue Compensation and Justice
If you want to recover, you will have to fight for it by filing a claim. And to do it correctly, you need a proven Texarkana fatal auto accidents lawyer like Michael Grossman. When you have lost a loved one due to fatal auto accidents, you have the right to claim compensation for two kinds of damages, known as survival damages and wrongful death damages. Wrongful death damages are for the losses of surviving members of the family members. Survival damages are those that have been incurred by the victim had they survived.

Survival damages, as we mentioned, include compensation for health care expenses incurred before the death of a loved one, the absence of wages of your loved one, any damages the loved one would have incurred if the injury would have been a long-word instead of fatal, physical anguish and pain and the like. Wrongful death damages include compensation for health care expenses or funeral expenses, absence of the expected monetary support from a loved one, emotional or psychological pain as a result of a absence or absence of your loved one, absence of consortium and companionship, and so on.

No amount of money no matter how much can replace the loved one that you lost. However, claiming compensation for your loss may aid you get back to getting better and to aid provide for your family members. Some kinds of damages may be extremely subjective, like putting a dollar amount for absence of companionship or your loved one’s pain or anguish before they died. Also to the overall assessment of the total damages incurred in a fatal auto accidents claim, there are other variables that have to be considered in making a claim.

The Challenge: Self-Interested Insurance Firms
When you have lost a loved one due to the negligence of another driver, do not expect to be compensated for the absence by the insurance firm unless you bring a claim. Insurance policies dealing with fatalities are extremely expensive for the insurers. The insurance firm may lose a large sum of money, frequently millions of dollars, in the case of fatal auto accidents, so they’ll work as hard as possible to not lose a penny of this large amount of money. They may afford to spend much more money to defend against the payment of such claims. When insurers funnel resources to defend themselves against the payment of the auto accident, they bring every asset they have to bear against you.

Complex variables come up with fatal auto accidents claims that have never been challenges in normal auto fatal auto accidents, and this is because of these sorts of larger stakes. These sorts of barriers may prevent even the most sophisticated of the victims from successfully pursuing their own claims when a wrongful death is involved. Their only concern is the bottom line. Insurance firms are in danger of losing much more money when they pay the full auto insurance policy requirement for a fatality. They want to deny your claim or provide as little money as possible in compensation.

On these sorts of expensive fatal auto accidents claims they put their best insurance adjustors. These sorts of high-level experts deal with claims for these more expensive fatal auto accidents are not the same insurance adjustors who deal with ordinary, non-fatal and non-injury motor vehicle fatal auto accidents. No, only the brightest and best work these sorts of claims. They gained their current positions by developing a reputation for being tough on victims of fatal auto accidents. They will no doubt be tough on your claim, too.

These sorts of auto insurance with these sorts of big shot lawyers on staff or on retainer begin to construct a claim against you – the victim’s surviving family members – even before you decide to proceed against them. Because they specialize in insurance law, these sorts of lawyers understand several gaps in the law, which may be used to deny the claims of victims who do not understand the law like they do. You also have to be wary of the tactics that insurance adjusters may use to justify the refusal of your claim, especially the more expensive fatal auto accidents. They may lead you on to say something that may be twisted to say your loved one was at fault. You may expect your words spoken to them will be recorded and might return to haunt you. There is only one right way to deal with insurance adjusters, and it is not to deal with them all when it’s a fatal auto accidents. Instead, our team of lawyers will take their calls. At Grossman Law Offices, our firm does not allow insurance adjusters to speak to our customers at all. It’s best for you that our firm handles them.

Unfair Settlements
In some claims, insurance adjustors try to convince you to sign a document to free them in exchange for a settlement. But such a settlement, when not solicited or reviewed by your lawyer, is very probably to be extremely parsimonious compared to what a fatal auto accidents claim is really worth. It is never in your best interest to sign any document without a legal adviser having reviewed it. You don’t want to deal at all with these sorts of high-powered insurance adjusters and agents without a lawyer to inspect everything they bring forward.

Conversely a proper and honest settlement offer may benefit victims’ families just as a low-ball settlement may definitely take away your legal rights to claim compensation. It is why a qualified and proven lawyer needs to handle your claim and review anything they put in front of you. Their settlement offer will require you to give up your ability to sue in the future. The other side understands you’re in a bad economic situation. Frequently, before you have a lawyer, they hope that you will be willing to accept a fast and easy cash offer – telling you that if you don’t accept it, it might literally be years before you get any compensation, or that this is the best that you may hope to get for the fatal auto accidents. A proven Texarkana fatal auto accidents lawyer may tell you how much your claim is worth and they may aid you assess whether the defendant’s offer is really a proper one. Be sure to speak to a lawyer before giving away your legal and civil rights.

Seeking Fair Compensation
In a settlement, the plaintiff and the defendant go through talks and reach an agreement without the aid of a judge or jurors or the expense, time and cost of a trial. When you accept a settlement offer, you may usually get your money much faster than you would if you had gone to trial, and it is a good way to avoid the uncertainty that is always there when your fate is put in the hands of a panel of jurors who are selected at random. But there is a problem in that obtaining a good settlement offer from a defendant is not easy and it requires the assistance of a proven Texarkana fatal auto accidents lawyer to negotiate on your behalf.

Defendants do not want to pay you unless they understand you have a claim that will cost them more if they go to court of law and lose there before a judge and jurors. Besides what they pay, there are lawyer expenses and other charges on top of your compensation. So that’s why they would be willing to settle out of court of law.

You may not be able to reach a settlement and you will have to take your claim to court of law to win it. The plaintiff in court of law has the burden to show that the defendant or defendants should be liable for their damages and they have a specific list of four parts to show to the jurors. It is the heavy burden and this is why you do not want to represent yourself. It is particularly true in claims as complex as fatal auto accidents litigation.

You will need a solid trial strategy and an organization of the physical evidence presented in a way that convinces the jurors and a judge. You also need a proven Texarkana fatal auto accidents lawyer to counter the defensive tactics used in these kinds of auto accident lawsuits. Your legal representative must demonstrate to the satisfaction of the jurors those four essential parts of the law, breach, causation and damages. Demonstrating the first one – duty – means to show that the defendant in the accident had some kind of obligation to act in a way that would not hurt others. It is the easiest of the four parts to show because in most claims it is not difficult to show that defendants in cases of fatal auto accidents have a duty to drive in a safe manner.

When your lawyer has proved that the defendant has a duty of care, our firm must then show that the defendant’s conduct breached that duty of care in the accident. There are a lot of physical evidence and records that comes into play when there’s a fatal auto accidents and several parties might have been involved. It is needed to proved that the defendant careless in some way in breaching his duty. It is a key factor when trying to show to the jurors the liability of the defendant you name. Defendant’s breach of the duty of care means that he did something that a reasonable party would not do (or would not fail to do) to make sure that others on the road don’t get harmed.

Then our firm has to show causation. Several parties might have played a part in the fatal auto accidents – other drivers, pedestrians, and so on. They might have been involved before or at the scene of where the accident occurred. Sometimes, defendants claim to blame these others, or your lost loved one. If you do not have enough physical evidence to show that it was the defendant specifically named in your legal action, you may not win your claim.

At the end of the trial, you must show your damages. It’s not just the death of your loved one when our firm says “damages.” The word “damages” means money that the defendant pay you if you win your claim before the jurors and the judge. You may be entitled to damages for pain and anguish, health care fees, repair expenses, your loss of support through absence of wages, the absence of future earnings, and all our firm discussed when our firm mentioned survivor and wrongful death damages.

It would not be sufficient to simply request your damages; you’ll have to show that you deserve to that which you seek. It involves figuring the sum of your losses and putting a price on them. It means that you should have documentation of your damages in court of law to support your calculations. Several times, in most cases of fatal auto accidents, the amount of damages is an extremely touchy subject and it is subject to much argumentation.

The fair, proper and provable calculation of damages is frequently not an easy task for laymen and even the untested lawyers have trouble doing it right. It takes experience to calculate things like intangible losses such as your own emotional damage, mental anguish, absence of consortium, and your own ongoing health care expenses if you were wounded in the auto accident that killed your loved one. Also, the calculation of the absence of future earning capacity is not as simple as picking up the latest accident annual salary of the victim and multiplying it by their remaining years of working life. Calculation of absence of earning capacity may be another obstacle for beginners. Damages for absence of earning capacity are designed to compensate the plaintiff for the salary that the victim will not be able to earn in the future.

The Texarkana fatal auto accidents lawyers at Grossman Law Offices understand how to account for all losses and calculate the damages properly to enhance your potential compensation. Our firm also understands the type of physical evidence needed to show the defendant’s financial liability before a judge and jurors.

Grossman Law Offices may make sure that your claim is solid and backed with both the physical evidence and a compelling legal strategy. Our law firm has won positive, generous settlements and judgments in fatal semi auto fatal auto accidents for more than 20 years. Insurance firms, trucking companies and others understand our reputation and frequently prefer to settle with our customers than to meet one of our Texarkana fatal auto accidents lawyers in the courtroom.

Contact The Texarkana Wrongful Death Law Firm of Grossman Law Offices
You have suffered one of the most awful things in life – the loss of a loved one, be it a spouse, a child, a parent or a sibling. You have been wounded emotionally, far more than you would have thought you might hurt. You think it in your heart that you have suffered an injustice. The Texarkana fatal auto accidents lawyers at Grossman Law Offices are here for you. Our firm has the dedication to make sure our clients get justice and proper compensation for their tragedy.

Our firm identifies all guilty parties and our firm constructs a claim against them for these fatal auto accidents that brought you to our site. Our firm put pressure on defendants to provide an equitable solution for our customers. Our firm is developing winning strategies to fight vigorously in the courts, if needed. Our firm will be there for you. Contact Grossman Law Offices toll free 1-855-239-1290. Our firm gives you a free consultation and explains all your options. Our firm is available anytime. The sooner you contact the stronger your claim will be later.