30
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1846+
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500+
SUCCESSFUL LAWSUITS
FREE FRISCO WRONGFUL DEATH LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR FRISCO WRONGFUL DEATH LAWYERS
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COMMUNITY AND FIRM EVENTS
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Frisco Wrongful Death Lawyers Dedicated to Seeking Justice for Your Loved Ones
Losing a family member is one of the most challenging experiences one can go through, and the emotional impact can feel overwhelming. When that loss occurs because of another party’s actions, whether due to negligence, recklessness, or misconduct, families are often left with a range of complex emotions and questions about what steps to take. As Frisco wrongful death lawyers, we understand this difficulty and are here to guide families through the legal process with compassion, respect, and professionalism.
Understanding Wrongful Death Law In Frisco
In Frisco, wrongful death claims allow specific family members to seek damages when someone dies as a result of another party’s wrongful act, negligence, carelessness, unskillfulness, or default. These cases can arise from various circumstances, including motor vehicle accidents, workplace accidents, defective products, and premises liability. While each case has its own specific circumstances, a wrongful death lawyer in Frisco can provide clarity on whether a case meets the criteria for a wrongful death claim under local law.
To fully understand wrongful death law, it’s important to recognize that this legal area aims to address the tangible and intangible losses a family endures when a loved one passes away unexpectedly. Wrongful death statutes provide a pathway for families to seek compensation for the impact of a sudden, preventable loss. These laws are designed to provide accountability, deter wrongful actions, and help families face the future more securely. For instance, if an accident occurs due to a driver’s recklessness or if a patient suffers due to medical negligence, a Frisco wrongful death attorney can represent the surviving family members in seeking justice.
Who Can File a Wrongful Death Claim in Frisco?
Only specific individuals are eligible to file a wrongful death claim. The following people typically have the legal right to bring forward a lawsuit:
- Spouse of the deceased
- Children of the deceased (including adult children)
- Parents of the deceased
If the deceased has no surviving immediate family members, the executor of the estate may file a claim on behalf of the estate.
State law does not permit certain other family members to file a wrongful death claim, including:
- Siblings
- Extended family members (e.g., aunts, uncles, cousins)
Even if these individuals were close to the deceased, the law limits eligibility to immediate family members as listed above.
Types of Damages in Wrongful Death Claims
The goal of a wrongful death claim is to provide surviving family members with financial compensation for their loss. These damages are categorized into the folowing main types, each addressing different impacts:
- Economic Damages: These cover measurable financial losses, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and future earnings the deceased would have contributed to the family
- Non-Economic Damages: These address the more intangible effects of losing a loved one, such as:
- Loss of companionship and emotional support
- Mental anguish experienced by family members
- Emotional distress resulting from the loved one’s absence
Steps in the Wrongful Death Claim Process
Initiating a wrongful death claim involves multiple steps, each requiring thorough investigation and careful documentation. The process often begins with a consultation, where we discuss the details of the incident, the family’s goals, and potential legal strategies. Following this initial meeting, we conduct a detailed investigation to gather evidence, which might include accident reports, witness statements, medical records, and professional analyses. This evidence is important in establishing the defendant’s liability and demonstrating how their actions led to the wrongful death.
Once the evidence is compiled, the case proceeds to the filing stage, where the lawsuit is officially submitted to the court. From here, the legal process can include discovery, negotiations, and, if necessary, trial proceedings. Throughout this journey, a Frisco wrongful death lawyer is committed to protecting the family’s interests and advocating on their behalf. This support is invaluable for families navigating the court system while dealing with grief and loss.
Handling Insurance Companies and Defendants
In many wrongful death cases, insurance companies play a significant role in determining the outcome. Unfortunately, insurers may attempt to minimize the payout to the family, prioritizing their financial interests over justice. We understand the tactics often employed by insurance adjusters, including offering settlements that may seem reasonable but do not fully account for the family’s losses. Our goal is to assist families in obtaining the compensation they deserve, not simply the amount the insurance company is willing to offer.
Our firm has experience in communicating with insurance companies, and we leverage evidence and legal precedents to advocate for a fair settlement. If the insurer refuses to provide an acceptable offer, we are prepared to take the case to court, where we will continue to advocate for our clients’ rights.
Why Choose Our Dedicated Attorneys for Your Wrongful Death Case?
When facing a wrongful death case, working with a legal team that prioritizes you and your family’s well-being is essential. At our firm, you’re not just another case number. Unlike larger firms, we don’t hand you off to case managers. Instead, you work directly with one of our attorneys who will guide you through every step of the process. We believe that personalized, attentive representation is critical to achieving the best results.
Our team of Frisco wrongful death attorneys is composed of professionals, each known for their excellence and commitment to clients. With multiple awards and extensive experience in wrongful death and personal injury law, our attorneys understand the intricacies of state law and what it takes to secure a favorable outcome. Our firm is also pioneering in its approach: we use proprietary software and machine learning to expedite cases, providing clients with efficient, smart strategies rather than aggressive tactics.
Clients appreciate our prompt, proactive approach and dedication to seeking the compensation they deserve. We are always available to answer questions and provide updates, ensuring that you have peace of mind and access to your attorney whenever needed. Our reputation for success is reflected in the hundreds of positive testimonials on our Google Business Page, where clients have shared their satisfaction with our compassionate and result-oriented services.
If you’re searching for a wrongful death attorney in Frisco TX who combines experience, empathy, and commitment, consider reaching out for a consultation with us. Our team is here to listen, advise, and support your family’s pursuit of justice.
FRISCO 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 is liability determined in a wrongful death case involving multiple parties?
When multiple parties may be responsible for a wrongful death, Texas law allows for proportionate responsibility. This means each party can be assigned a percentage of fault based on their actions and how these actions contributed to the incident. In cases where several defendants are involved, such as in a multi-vehicle accident or a workplace incident with multiple contractors, a wrongful death attorney in Frisco will gather evidence to establish each party’s role. This process often involves expert witnesses and a thorough investigation. If a party is found more than 50% responsible, they may be required to cover a significant portion of the damages. However, if multiple parties share responsibility, each may be liable only for their percentage of fault, based on Texas’s comparative fault rules.
What are the key factors that influence the value of a wrongful death claim?
The value of a wrongful death claim depends on various factors, including the age, earning capacity, health, and life expectancy of the deceased, as well as the financial and emotional impact on the surviving family members. The relationship between the deceased and each family member involved also plays a role, as Texas law considers how close the family was to the deceased when assessing non-economic damages like loss of companionship. Additionally, economic factors such as funeral expenses, lost wages, and future financial contributions are considered in determining compensation.
Are wrongful death settlements taxable in Texas?
In most cases, Texas does not tax wrongful death settlements awarded to surviving family members. According to federal tax law, compensation received for physical injuries, emotional distress, and other losses directly tied to the wrongful death is generally non-taxable. However, there may be exceptions, particularly if the settlement includes punitive damages or interest on the awarded amount. These portions may be subject to taxation under specific conditions. Working with a Frisco wrongful death attorney and a financial advisor can help families understand any potential tax implications and structure their settlement accordingly to minimize tax liability.
How does the statute of limitations affect wrongful death claims, and are there any exceptions?
In Texas, the statute of limitations for filing a wrongful death claim is typically two years from the date of death. This strict timeline means families must act within this period or risk losing the ability to file a claim. However, some exceptions may extend the filing deadline. For example, if a minor child is the one eligible to file, the statute of limitations may be paused until the child reaches legal adulthood. Additionally, if the cause of death was not immediately apparent or if evidence surfaces later implicating someone in the death, the discovery rule may allow for an extended filing period. A wrongful death attorney in Frisco TX can review the specifics of a case to determine if any exceptions apply, ensuring that the family’s rights are fully protected.
GET TO KNOW OUR FRISCO 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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