30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
FREE TEXAS WRONGFUL DEATH LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR TEXAS WRONGFUL DEATH LAWYERS
3 EASY STEPS TO HIRE A TEXAS WRONGFUL DEATH LAWYER
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CALL AN
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GET FREE CASE
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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.
Texas Wrongful Death Lawyers: Your Supportive Advocates for Justice
Losing a loved one is one of life’s most challenging experiences, and when that loss happens because of someone else’s actions or negligence, the grief is accompanied by questions, frustrations, and the desire for justice. At our firm, we understand that no amount of compensation can replace the loved one you’ve lost, but we’re here to help you seek accountability, closure, and some measure of justice. Our team of compassionate and dedicated Texas wrongful death attorneys is committed to supporting families who seek answers and fair compensation through the wrongful death lawsuit process in Texas.
Understanding Wrongful Death Claims in Texas
In Texas, wrongful death claims aim to hold individuals, corporations, or other entities accountable for actions that have resulted in the loss of life due to negligence, recklessness, or intentional harm. Under Texas law, a wrongful death claim may be filed if it can be proven that the death resulted from a “wrongful act, neglect, carelessness, unskillfulness, or default.” These claims seek compensation for the surviving family members, who are often left facing emotional and financial challenges as a result of their loss.
For a successful wrongful death claim, it’s essential to understand both who can file and what damages may be sought. Texas law allows only specific family members – usually the spouse, children, and parents of the deceased – to initiate a wrongful death lawsuit. These claims are separate from criminal charges, as they are part of civil law, and focus solely on compensating the family rather than punishing the offender.
The Legal Process of a Wrongful Death Lawsuit in Texas
Navigating the wrongful death lawsuit process can feel overwhelming. However, a Texas wrongful death lawyer can help by managing each phase, from evidence gathering to negotiations, all the way through to trial, if necessary. Typically, this process starts with an investigation, where the attorney collects and reviews evidence to support the claim. This includes police reports, medical records, witness statements, and professional analysis. This evidence forms the foundation for establishing negligence and proving that the responsible party’s actions directly led to the wrongful death.
Once the investigation is complete, your attorney will file the wrongful death claim in court. This legal step officially initiates the process and informs the responsible party and their insurance company of the claim. Following this, negotiations with the insurance company are pursued, often in an attempt to settle the matter outside of court. If a fair settlement cannot be reached, we will then proceed to trial, where we represent you in front of a judge or jury to seek the compensation you and your family deserve.
Types of Damages Available in a Wrongful Death Lawsuit in Texas
Compensation, referred to as damages, may cover medical expenses, funeral costs, lost future earnings, and loss of companionship. These elements are assessed in detail, with the goal of securing a fair and comprehensive settlement that reflects both the financial and emotional impact of the loss. Settlements vary depending on the specific circumstances, and Texas wrongful death lawyers will advocate for compensation that accounts for the unique aspects of your case.
The damages awarded can be categorized into the following:
- Economic damages cover measurable financial losses such as medical bills and lost income.
- Non-economic damages focus on intangible elements like emotional suffering and loss of consortium.
- Punitive damages may be awarded in cases where the defendant’s actions were especially reckless or egregious, serving as a form of punishment and deterrent.
Common Causes of Wrongful Death in Texas
Wrongful deaths occur in various ways and each presents unique legal challenges.
- Motor vehicle accidents are among the most common causes of wrongful death in Texas, with car, motorcycle, and truck accidents frequently leading to fatal outcomes. In such cases, the driver’s negligence or reckless actions become the focal point of the lawsuit.
- Workplace accidents are another significant category, particularly in industries like construction, where safety regulations are critical.
- Defective products, including machinery and consumer goods, can also lead to wrongful death, as can premises liability cases involving unsafe property conditions.
How We Handle Insurance Companies in Wrongful Death Cases
Insurance companies are a common part of wrongful death claims. They often represent the defendant and seek to minimize the payout. Negotiating with insurance companies requires a keen understanding of insurance tactics and a firm stance to ensure that the grieving family receives fair compensation. As award-winning Texas wrongful death attorneys, we have dealt with a wide range of insurance companies and understand how to effectively counter low settlement offers or unfair tactics.
In wrongful death cases, insurance adjusters often attempt to settle quickly, sometimes before a family has had the chance to assess their full loss. Our firm believes in advocating for the best possible outcome, which often means taking the time to gather a full picture of damages, including long-term financial impacts and emotional suffering. In instances where the insurance company is unwilling to offer a fair settlement, we are prepared to take the case to court, where we fight for what’s right with the same commitment and tenacity.
Schedule Your Free Consultation With Gosuits Texas Wrongful Death Lawyers
Choosing a law firm for a wrongful death case is a deeply personal decision, and we understand that families seek not only legal representation but also compassion, understanding, and support. Our attorneys bring not only legal acumen but also a deeply compassionate approach, ensuring that every family we represent feels supported, informed, and empowered. We are proud to have received numerous client testimonials and positive reviews on our Google Business Page, reflecting our commitment to responsive and dedicated service. Additionally, we have award-winning attorneys on our team who bring extensive experience to each case, continually striving to make a meaningful difference for the families we serve.
Our firm’s mission is rooted in the belief that every client deserves exceptional representation without financial burden, especially in the wake of a tragedy. If you’re ready to explore your options and seek justice for your loved one, we invite you to schedule a consultation with one of our Texas wrongful death lawyers. In this consultation, we will take the time to understand your unique circumstances, answer any questions, and discuss how we can support you in moving forward with a wrongful death claim. Reach out to us today and discover what makes our firm a trusted choice for wrongful death cases across Texas.
TEXAS 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.
Who can file a wrongful death lawsuit in Texas?
Only specific family members, including spouses, children, and parents, are eligible to file a wrongful death lawsuit in Texas. This ensures that those most affected by the loss have the opportunity to seek justice on behalf of their loved one.
How long does a wrongful death case typically take?
The duration varies based on factors such as the complexity of the case and the willingness of the defendant to settle. While some cases resolve within months, others may take longer, especially if they proceed to trial.
What types of compensation can families expect in a wrongful death case?
Families may be eligible for economic and non-economic damages covering medical expenses, funeral costs, lost earnings, and emotional suffering. In some cases, families may also be eligible for punitive damages, especially if the actions leading to the wrongful death were particularly reckless or egregious.
Will my case go to court, or can it be settled out of court?
Many wrongful death cases are resolved through negotiations with the defendant’s insurance company, which may avoid the need for a trial. However, if a fair settlement cannot be reached, your attorney may advise proceeding to court to seek justice.
Do wrongful death cases require extensive evidence?
Yes, gathering extensive evidence is essential to proving negligence in wrongful death cases. This includes medical records, accident reports, witness statements, and testimonies. A dedicated wrongful death attorney in Texas will guide you in collecting and organizing all necessary documentation to build a strong case.
GET TO KNOW OUR TEXAS 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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