30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
FREE PLANO WRONGFUL DEATH LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR PLANO WRONGFUL DEATH LAWYERS
3 EASY STEPS TO HIRE A PLANO WRONGFUL DEATH LAWYER
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CALL AN
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GET FREE CASE
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LET THE SMART
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THE REST
COMMUNITY AND FIRM EVENTS
Here at Gosuits we understand that being a part of the community means more than just providing legal services. Whether we are participating in a community event or hosting a firm event, our goal is always the same: to build strong relationships with the people we serve and to make a positive impact in our community.
Plano Wrongful Death Lawyers: Compassionate Legal Support for Families in Need
Losing a loved one unexpectedly is a deeply painful experience. When this loss occurs due to another party’s negligence or wrongful act, the resulting emotional turmoil is compounded by legal complexities. At our firm, our Plano wrongful death lawyers understand the gravity of these cases and are dedicated to providing compassionate, knowledgeable support to families seeking justice.
What Constitutes a Wrongful Death Case in Texas?
A wrongful death claim is a civil action that gives certain family members the right to pursue compensation for the damages they have endured. While financial recovery cannot replace the lost life, it can provide families with the means to move forward, covering expenses, securing stability, and acknowledging the loss that has profoundly altered their lives.
Wrongful death is defined as the loss of life resulting from another party’s negligence, recklessness, or intentional actions. Common examples include fatal motor vehicle accidents, workplace incidents, and defective products.
Eligibility for Filing a Wrongful Death Claim in Texas
Under Texas law, specific family members are eligible to file a wrongful death claim. Here’s what you need to know:
- Immediate family members have the primary right to file a claim. Spouses, children, and parents of the deceased are eligible to file a wrongful death lawsuit.
- If immediate family members do not file within three months, a representative of the deceased’s estate may step in. This representative can pursue the claim on behalf of the family, provided the family does not object.
Understanding Compensation in Wrongful Death Cases
Compensation in a wrongful death case is designed to relieve the financial and emotional burdens placed on the family. Damages awarded can include compensation for lost earnings, medical expenses incurred prior to the death, funeral costs, loss of companionship, and mental anguish. Although no financial amount can ever fully compensate for the loss of a life, these damages can help stabilize the family’s financial situation and provide a sense of recognition for their suffering.
Calculating the appropriate compensation involves a careful assessment of several factors, including the deceased’s projected future earnings, the emotional impact on surviving family members, and the family’s overall loss of support.
The Legal Process in Wrongful Death Cases
The legal process of a wrongful death claim can be complex and emotionally demanding. Here’s an outline of how we approach these cases:
- Initial consultation and investigation. After an initial consultation, our Plano wrongful death lawyer team conducts a thorough investigation into the circumstances surrounding the death. This includes gathering all available evidence and identifying the responsible parties.
- Collection of critical evidence. Our team reviews medical records, accident reports, and eyewitness testimonies. We may also consult with relevant experts to establish the cause of death and confirm liability.
- Filing the claim and negotiations. Once we have built a solid foundation of evidence, we proceed with filing the claim. This involves presenting our findings and negotiating with the defendant’s representatives or insurance companies to seek a fair resolution.
- Preparing for settlement or trial. While some cases are resolved through settlement, others may require a trial to ensure fair compensation. We prepare each case thoroughly, regardless of the anticipated path, to advocate for the best possible outcome.
Handling Insurance in Wrongful Death Cases
Insurance companies are often involved in wrongful death claims, specifically in cases arising from motor vehicle accidents or defective products. Dealing with insurance companies can be a difficult aspect of the process, as adjusters may attempt to minimize the payout or dispute liability. One common strategy used by insurance adjusters is to offer a quick settlement in hopes that grieving families will accept it without fully understanding their rights or the true value of their claim.
Unique Aspects of Plano in Wrongful Death Cases
Plano, a rapidly growing city north of Dallas, is known for its rich history, vibrant culture, and strong sense of community. From the Plano Balloon Festival to its impressive parks and bustling corporate centers, Plano offers a unique blend of small-town charm and big-city amenities. In wrongful death cases, local knowledge of Plano can be very valuable as specific circumstances may relate to the city’s infrastructure, traffic patterns, or even the standards upheld by its major institutions.
For example, Plano’s extensive road network and high commuter volume can contribute to motor vehicle accidents, a common cause of wrongful death cases. Understanding the nuances of Plano’s local laws, traffic conditions, and the operations of local entities allows our Plano wrongful death lawyer team to provide representation tailored to the city’s distinct characteristics.
Why Choose Our Plano Wrongful Death Attorneys?
At our firm, we recognize that pursuing a wrongful death claim requires more than just legal excellence; it requires a compassionate and personalized approach tailored to each client’s unique situation. Unlike larger firms where clients are often handed off to case managers, we ensure that you work directly with one of our dedicated Plano wrongful death attorneys. Each of our clients receives one-on-one attention which allows us to stay closely involved at every stage of the case for full transparency, support, and timely updates.
Our attorneys have a proven track record, backed by numerous awards and industry recognition. We are also proud to have garnered hundreds of positive reviews on our Google Business Page from clients who have seen first-hand the dedication and care we bring to each case. We pride ourselves on being a forward-thinking law firm that leverages proprietary software and machine learning to streamline certain aspects of case management for a more efficient process and superior outcomes.
If you’re seeking dedicated, knowledgeable attorneys who prioritize your well-being and financial recovery, our Plano wrongful death lawyer team is here to support you. We’re available 24/7 to answer any questions you may have and offer a free consultation to discuss your case.
PLANO 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?
The statute of limitations for wrongful death claims in Texas is typically two years from the date of death. However, certain exceptions may apply depending on the specifics of the case, so we recommend consulting with our Plano wrongful death lawyers promptly to ensure your rights are protected.
What types of evidence are needed to prove wrongful death?
Evidence in wrongful death cases may include accident reports, medical records, witness statements, and expert opinions. Our Plano wrongful death attorneys work closely with experts to gather and present comprehensive evidence, building a strong case on your behalf.
Can multiple family members file separate wrongful death claims?
Eligible family members usually file a joint claim. Our team assists families in structuring their claims to ensure everyone’s needs are considered, providing clear guidance throughout the process.
How is the value of a wrongful death case determined?
The value is based on multiple factors, including the deceased’s income, emotional impact on the family, and future financial contributions. Our attorneys employ a detailed approach to determine a fair value for the claim so that all losses are accounted for.
What can I expect during the wrongful death legal process?
The process may include investigation, filing, negotiations, and potentially going to trial. Our firm keeps clients informed at every stage, ensuring that they feel supported and prepared for what lies ahead.
GET TO KNOW OUR PLANO 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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