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Dallas Wrongful Death Lawyers: Your Advocates in Loss
Losing a loved one is always devastating, but when that loss comes as a result of someone else’s negligence or misconduct, the pain can be overwhelming. At Gosuits, our Dallas wrongful death lawyers understand the deep-seated grief and confusion you may be experiencing. We recognize that no legal action can truly compensate for your loss, but we’re here to help you handle this difficult time and seek the justice your loved one deserves.
As wrongful death attorneys in Dallas, Texas, we’ve walked alongside many families facing similar heartbreaking circumstances. We’ve seen firsthand how a wrongful death can impact every aspect of a family’s life – emotionally, financially, and practically. Our team is dedicated to providing compassionate support and strong legal advocacy during this challenging period.
If you’re dealing with the aftermath of a wrongful death, know that you don’t have to face this alone. Our Dallas wrongful death law firm is here to offer the legal support and guidance you need during this difficult time. While we can’t change the past, we can work tirelessly to help secure a more stable future for you and your family.
What Constitutes a Wrongful Death in Texas?
Under Texas law, a wrongful death is defined as a death resulting from another person’s or entity’s wrongful act, neglect, carelessness, unskillfulness, or default. As Dallas wrongful death attorneys, we frequently handle cases arising from various circumstances, including but not limited to:
- Motor Vehicle Accidents: Car crashes, truck collisions, and motorcycle accidents are common causes of wrongful death. These incidents often result from driver negligence, such as distracted driving, speeding, or driving under the influence.
- Workplace Accidents: Fatal accidents in the workplace, particularly in industries like construction or manufacturing, can lead to wrongful death claims. These may involve falls from heights, equipment malfunctions, or exposure to hazardous materials.
- Defective Products: When a product is unreasonably dangerous due to design flaws, manufacturing defects, or inadequate warnings, and results in a fatal accident, the manufacturer may be held liable for wrongful death.
- Premises Liability: Property owners have a duty to maintain safe conditions for visitors. Fatal accidents resulting from hazardous conditions on someone else’s property, such as slip and fall incidents or inadequate security, may be grounds for a wrongful death claim.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, the following parties may file a wrongful death claim:
- Surviving Spouse: The husband or wife of the deceased person has the right to file a wrongful death claim, regardless of whether they were separated at the time of death.
- Children: Both minor and adult children of the deceased can file a claim. This includes legally adopted children, but typically excludes stepchildren unless they were legally adopted.
- Parents: The parents of the deceased, including adoptive parents, have the right to file a wrongful death claim. However, foster parents are generally not eligible.
It’s important to note that siblings, grandparents, and other relatives are not eligible to file wrongful death claims under Texas law, regardless of their relationship with the deceased.
If the eligible family members do not file a wrongful death claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim on behalf of the estate, unless all eligible family members request that the claim not be filed.
Types of Compensation Available
While no amount of money can truly compensate for the loss of a loved one, financial recovery can help ease the burden on families and provide a measure of justice. In Texas, there are several types of damages that may be awarded in a wrongful death case:
Economic Damages
These are quantifiable financial losses resulting from the death. They may include:
- Lost earning capacity of the deceased
- Lost care, maintenance, services, support, advice, and counsel the deceased would have provided to family members
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial expenses
Non-Economic Damages
These damages are more subjective and aim to compensate for intangible losses, such as:
- Mental anguish and emotional pain suffered by the family members
- Loss of companionship, comfort, and society
- Loss of inheritance that the deceased would likely have saved and left to surviving family members
As your Dallas wrongful death compensation lawyers, we work diligently to accurately calculate and pursue all applicable damages. We consult with economic professionals, life care planners, and other professionals to present a comprehensive and well-supported claim for compensation.
The Wrongful Death Claim Process
Here’s an overview of what you can expect during the wrongful death claim process:
- Initial Consultation: The process begins with a free, confidential consultation with our Dallas wrongful death attorneys. During this meeting, we’ll discuss the circumstances of your loved one’s death, evaluate the merits of your case, and explain your legal options.
- Investigation and Evidence Gathering: If we take on your case, our team will conduct a thorough investigation which may involve collecting police reports, medical records, and witness statements. We may also consult with accident reconstruction professionals, medical professionals, and other specialists to build a strong case.
- Filing the Lawsuit: Once we’ve gathered sufficient evidence, we’ll file a wrongful death lawsuit on your behalf. This legal document outlines your claims against the responsible party or parties.
- Discovery Phase: After the lawsuit is filed, both sides exchange information in a process called discovery. This may include written questions (interrogatories), requests for documents, and depositions (sworn out-of-court testimony).
- Negotiations and Settlement: Many wrongful death cases are resolved through settlement negotiations. As well-versed negotiators, we’ll work to secure a fair settlement that adequately compensates you for your losses. However, we always prepare each case as if it will go to trial, which often leads to better settlement offers.
Throughout this process, we keep you informed and involved, explaining each step and addressing any questions or concerns you may have. As your Dallas wrongful death legal help team, we handle all legal aspects of your case so you may focus on healing and honoring your loved one’s memory.
Why Choose Gosuits?
When seeking a wrongful death attorney in Dallas, Texas, working with a firm with the experience, resources, and dedication to handle your case effectively makes a huge difference in the quality of your legal service. Our team of wrongful death lawyers in Dallas has extensive experience handling complex wrongful death cases. We’ve represented numerous families in Dallas and throughout Texas, working diligently to secure favorable outcomes for our clients.
We’ve implemented proprietary software utilizing machine learning and other advanced technologies, streamlining certain aspects of legal practice. We provide not just legal representation, but also support and guidance throughout the process.
We work on a contingency fee basis, meaning you pay nothing unless we win your case. This arrangement allows families to pursue their case without financial strain during an already difficult time. We invite you to schedule a free consultation with our team. During this consultation, we can discuss your situation, answer your questions, and help you understand your legal options.
DALLAS 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?
In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death. However, there are exceptions to this rule, and it’s crucial to consult with a wrongful death attorney in Dallas, Texas, as soon as possible to discuss your claim.
What if the deceased person was partially at fault for the accident?
Texas follows a modified comparative fault rule. If the deceased was less than 51% responsible for the accident, a claim can still be pursued. However, the compensation may be reduced by the percentage of fault attributed to the deceased. Our wrongful death attorneys in Dallas can help evaluate the circumstances and build a strong case even in complex liability situations.
How long does a wrongful death case typically take?
The duration of a wrongful death case can vary significantly depending on the complexity of the case, the willingness of the opposing party to negotiate, and whether the case goes to trial. Some cases may settle in a matter of months, while others can take years to resolve. As your Dallas wrongful death legal help team, we work efficiently to resolve your case as quickly as possible while still aiming to secure the best possible outcome.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is filed by family members for their own losses resulting from the death, such as loss of financial support and companionship. A survival action, on the other hand, is brought on behalf of the deceased’s estate for the pain and suffering the deceased experienced before death, as well as any punitive damages.
How much does it cost to hire a wrongful death attorney in Dallas?
At Gosuits, we work on a contingency fee basis for wrongful death cases. This means you pay no upfront costs, and we only get paid if we secure compensation for you. Our fee is typically a percentage of the recovery, which we’ll discuss clearly with you before taking on your case. This arrangement allows families to pursue their case without additional financial strain during an already difficult time.
GET TO KNOW OUR DALLAS WRONGFUL DEATH LAWYERS
It's time we do things the SMART way rather than the hard way
“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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* Best Lawyers Ones to Watch 2022 – Sean Chalaki
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