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Carrollton Wrongful Death Lawyers: Pursuing Justice For Your Loved Ones
At our law firm, we understand that the loss of a loved one is one of the most devastating experiences a family can endure. When that loss is due to someone else’s negligence or wrongful actions, the pain can be compounded by feelings of anger, confusion, and a desire for justice. As dedicated Carrollton wrongful death lawyers, we are here to guide you through this difficult time and help you understand your legal options.
Wrongful death is a legal term that refers to a situation where a person’s death is caused by the negligent, reckless, or intentional actions of another party. In such cases, the surviving family members may have the right to seek compensation for their loss through a wrongful death claim. As experienced wrongful death attorneys in Carrollton, we have helped numerous families navigate this complex legal process.
Understanding Wrongful Death Claims in Texas
Texas law defines wrongful death as a fatality caused by another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default.” This broad definition covers a wide range of situations, from fatal car accidents to workplace incidents. As a Carrollton wrongful death law firm, we have extensive experience handling various types of wrongful death cases.
Some of the common causes of wrongful death that our Carrollton wrongful death attorneys encounter include:
- Car accidents: Tragically, many wrongful death cases stem from fatal car crashes caused by drunk driving, distracted driving, or reckless behavior on the road. Our wrongful death lawyers in Carrollton have a deep understanding of traffic laws and accident reconstruction techniques, which are essential in building a strong case.
- Workplace incidents: Fatal accidents at work sites, especially in construction or industrial settings, often lead to wrongful death claims. Our wrongful death attorney in Carrollton is well-versed in workplace safety regulations and can help families navigate both workers’ compensation and third-party liability claims.
- Product liability: Defective products, from faulty vehicle components to dangerous medications, can lead to fatal accidents. Our Carrollton wrongful death attorneys have experience in product liability law and can help hold manufacturers accountable for their negligence.
Please note that as plaintiff attorneys, our wrongful death law firm in Carrollton focuses exclusively on civil cases. We do not handle criminal prosecutions, although in some cases, a wrongful death claim may proceed alongside a criminal case for the same incident.
Who Can File a Wrongful Death Claim in Texas?
Texas law specifies that only certain individuals have the right to file a wrongful death claim. These include:
- The surviving spouse
- Children of the deceased (including adopted children)
- Parents of the deceased (including adoptive parents)
If none of these individuals file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim, unless all eligible family members request that no claim be filed. As your Carrollton wrongful death lawyer, we can help you determine if you’re eligible to file a claim and guide you through the process.
The Legal Process of a Wrongful Death Claim
Filing a wrongful death lawsuit can be a complex and emotionally challenging process. We at Gosuits strive to make this process as smooth as possible for our clients while diligently pursuing justice on their behalf. The legal process typically begins with a thorough investigation of the circumstances surrounding the death. This may involve gathering police reports, medical records, witness statements, and other relevant evidence. In some cases, we may consult with accident reconstruction professionals or medical authorities to build a stronger case.
Once we have gathered sufficient evidence, we will file a wrongful death lawsuit on behalf of the eligible family members. In Texas, there is a statute of limitations for wrongful death claims. Generally, the claim must be filed within two years of the date of death, with some exceptions.
After the lawsuit is filed, there is typically a period of discovery, during which both sides exchange information and evidence. Many wrongful death cases are settled out of court through negotiations between the attorneys and the defendant’s insurance company. However, if a fair settlement cannot be reached, our wrongful death lawyers in Carrollton are prepared to take your case to trial. Throughout this process, we will keep you informed and involved, ensuring that you understand each step and are comfortable with the decisions being made.
Potential Damages in a Wrongful Death Case
In a wrongful death case, the law allows for the recovery of various types of damages. These are generally divided into economic and non-economic damages.
Economic damages are those that have a specific monetary value attached to them. These may include:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and benefits the deceased would have earned
- Loss of inheritance
- Value of services the deceased would have provided to the family
Non-economic damages are more subjective and can be more challenging to quantify. These may include:
- Mental anguish and emotional pain suffered by the surviving family members
- Loss of companionship, love, and guidance
- Loss of consortium for the surviving spouse
In some cases, where the defendant’s actions were particularly egregious, punitive damages may also be awarded. These are intended to discourage similar behavior in the future. We understand that no amount of money can truly compensate for the loss of a loved one, but obtaining fair compensation can provide financial security and a sense of justice for the surviving family members.
How Our Firm Can Help
Our team of wrongful death lawyers understands the nuances of Texas wrongful death law and have a track record of representing families in these sensitive matters. At Gosuits, our people set us apart. We pride ourselves on our competence, experience, and knowledge.
Our approach is comprehensive and client-focused. We begin by conducting a thorough investigation of the circumstances surrounding your loved one’s death. This may involve collaborating with accident reconstruction professionals, medical authorities, and financial analysts to build a strong case. As a full-service legal practice, we take great delight in pushing for dynamic lawyering and doing it ourselves; we are prompt, proactive, and focused on pursuing positive outcomes.
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, we’re here to help. Our Carrollton wrongful death attorneys are ready to listen to your story, answer your questions, and provide guidance on your potential legal options. Don’t navigate this difficult time alone. Contact Gosuits today for a free, no-obligation consultation.
CARROLLTON WRONGFUL DEATH LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
How long do I have to file a wrongful death claim in Texas?
Generally, you have two years from the date of death to file a claim. However, there are exceptions to this rule, so it is best to consult with a Carrollton wrongful death lawyer as soon as possible.
What if my loved one was partially at fault for the accident that caused their death?
Texas follows a modified comparative fault rule. If your loved one was less than 51% at fault, you may still be able to recover damages, but the amount might be reduced based on their percentage of fault.
How much does it cost to hire a wrongful death lawyer?
Many wrongful death attorneys in Carrollton, including our firm, work on a contingency fee basis. This means we only get paid if we obtain compensation for you, typically taking a percentage of the settlement or verdict.
How does Texas law define "wrongful act" in the context of a wrongful death claim?
In Texas, a “wrongful act” in a wrongful death case refers to any action or inaction that results in a person’s death due to negligence, carelessness, or intentional harm. This can include various scenarios such as distracted driving, failure to maintain safe premises, or manufacturing defective products. Our Carrollton wrongful death lawyers can help you understand if your situation falls under this definition.
Can I file a wrongful death claim if my loved one died while working offshore?
Yes, you may be able to file a wrongful death claim under maritime law, specifically the Death on the High Seas Act (DOHSA) or the Jones Act, depending on the circumstances. These cases can be particularly complex due to the intersection of state and federal laws. A wrongful death attorney in Carrollton with experience in maritime law can guide you through this process.
What is a "survival action" and how does it differ from a wrongful death claim?
A survival action is a legal claim that can be filed alongside a wrongful death claim. While a wrongful death claim compensates the family for their losses, a survival action seeks damages for the pain and suffering the deceased experienced between the time of injury and death.
GET TO KNOW OUR CARROLLTON WRONGFUL DEATH LAWYERS
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“Hire the Smart Suits for Your Lawsuits”
SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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