DID YOUR LOVED ONE SUFFER AN ACCIDENTAL DEATH?
NO FEES UNLESS YOU COLLECT
In the last four years, our firm made Top Verdict’s “Top 50” Personal Injury Settlements in Texas list 44 times, and the “Top 100” list 70 times.
YOU CAN TRUST OUR FAMILY TO FIGHT FOR YOURS™
If your loved suffered a wrongful death due to the negligence or recklessness of another person or company, our skilled Fort Worth attorneys are ready to assist. Obviously, no amount of money can ever undo the ultimate injustice. Rest assured, however, that we will hold the wrongdoer accountable, get the answers you deserve, and seek the maximum financial compensation available.
Mullen & Mullen is consistently recognized by TopVerdict for obtaining some of the largest recoveries in the entire state of Texas. In the last 4 years our firm made the Texas “Top 50 Personal Injury Settlements” list 44 times, and the “Top 100” list 70 times. Our stellar results allow us to offer a below industry standard 29% pre-suit contingency fee which means more money in your pocket.
Our experienced local team has an incredibly strong work ethic and truly cares. We’ve been privileged to serve North Texas for over 40 years. This is our backyard. Call (817) 768-6680 now for a free consultation and some excellent advice.
When the unimaginable occurs, bereaved families seek and rightfully deserve answers. Our firm, spanning decades, has a dedicated record of securing compensation and holding wrongdoers accountable on behalf of clients who have suffered the loss of their loved ones.
While most of the outcomes in our wrongful death cases remain confidential and cannot be divulged in great detail, there’s one case that epitomizes our firm’s commitment.
We were engaged by the family of an individual who tragically lost his life in a pedestrian accident while walking on the shoulder of a highway. The insurance provider of the motorist promptly revealed the policy limits of their insured but contested liability, refusing to honor the policy limits, citing the police report that assigned fault to our deceased client.
The motorist stated in the police report that our client had stumbled into his lane of travel. When we commissioned a toxicology report, it unequivocally showed that our client had no drugs or alcohol in his system, casting significant doubt on the motorist’s claim that our client had appeared to be stumbling before the incident.
We also obtained the body-worn camera footage from the investigating officer, which proved pivotal. The footage contained a brief exchange where the motorist acknowledged seeing our client before the incident occurred, establishing that there was enough time for him to react. The implication was clear – the motorist had failed to move over sufficiently to avoid the collision, despite having the opportunity to do so.
Armed with this concise yet crucial footage, our firm presented it along with our settlement demand, prompting the insurance carrier to swiftly reverse their stance. Most importantly, the grieving family could finally find solace in knowing the full truth about what transpired in the loss of their loved one.
We didn’t simply accept the police report’s judgment that faulted our deceased client, nor did we relent when the motorist’s insurance provider disclaimed liability. Instead, we delved deeper, unraveled the facts, and fought relentlessly for this family, just as we are prepared to do for yours.
Gross Settlements Before Fees & Expenses
We have achieved numerous multimillion-dollar settlements across all practice areas, but we are restricted from displaying some very large results due to settlement confidentiality. Here are a few recent results without confidentiality agreements:
$6,150,000.00
Work Accident
$4,000,000.00
Wrongful Death
$2,978,104.95
Vehicle Accident
$2,550,000.00
Vehicle Accident
$2,550,000.00
Vehicle Accident
$2,250,000.00
Premises Liability
According to TopVerdict.com, our Dallas attorneys consistently achieve some of the highest recoveries in the state of Texas. As a matter of fact, in the last four years, we’ve made their Texas “Top 50” Personal Injury Settlements list 43 times, and their “Top 100” list 70 times. For example, in 2021 one of our claims made the Top 10 list, eight made the Top 11-20 list, and ten made the Top 21-50 list. When you factor in our reduced 29% contingency fee, we are confident we will help you recover more. At Mullen & Mullen, we pride ourselves on routinely recovering full policy limits for our clients without the necessity of costly and time-consuming litigation.
According to TopVerdict.com, our Dallas attorneys consistently achieve some of the highest recoveries in the state of Texas. As a matter of fact, in the last three years we’ve made their “Texas Top 50 Personal Injury Settlements” list 43 times. For example, in 2021 one of our claims made the Top 10 list, eight made the Top 11-20 list, and ten made the Top 21-50 list. When you factor in our reduced 29% contingency fee, we are confident we will help you recover more. At Mullen & Mullen, we pride ourselves on routinely recovering full policy limits for our clients without the necessity of costly and time-consuming litigation.
We have access to state-of-the-art diagnostic technology through well-established relationships with medical doctors, surgeons, physical therapists, chiropractors, neurologists, counselors, and other healthcare providers in the entire DFW Metroplex. You receive the quality medical attention you need from local providers near where you live or work. These providers specialize in treating people hurt in accidents of all kinds and they know how to properly document injuries to meet the legal burden of proof in your personal injury case. These providers are also willing to delay billing collections until after your case is resolved so you can focus on recovering without additional stress. Physicians that don’t routinely treat accident victims as part of their practice usually turn away patients over fear of being involved in the legal process or fear of health insurance companies refusing to pay accident-related healthcare bills. Please call us at 214-747-5240 for a free consultation and some advice.
Even if you don’t have health insurance or can’t afford your deductible, Mullen & Mullen will secure you the quality healthcare and state-of-the art diagnostics you deserve with no upfront out of pocket costs.
Shane, Joseph and Regis have almost 100 years of combined experience practicing personal injury law. That doesn’t even include the combined experience of the attorneys that serve as of-counsel to Mullen & Mullen at no additional cost to our clients. Our firm continues to evolve, but we never forget our Core Values. We do the right thing, handle cases the way we would want our own case handled, and we truly listen to clients. We have over 40 years of local knowledge, and that matters!
Some lawyers forget that they represent the client, but we never have. Our legal team will make YOU the priority. You are the boss, and we will respond quickly to your requests for case updates and assistance. We guarantee that when you need to speak to your counsel, you will speak directly to your counsel, not to a paralegal or secretary, because that’s the way it should be.
Most firms hire an investigator to help develop evidence on your case and charge you back for that service. Our firm, however, has 2 full-time accident investigators on staff and we offer their services to you for free. This is another way we will maximize your compensation.
They say a picture is worth a thousand words. Video footage is worth a lot more. Our in-house videographer allows us to capture the true impact the accident has on your life beyond mere words on a piece of paper.
When necessary, Mullen & Mullen Law Firm uses cutting edge technology like 3D imaging videos to fully demonstrate the extent of our clients’ injuries to the insurance companies. This also helps maximize the value of your claim.
Mullen & Mullen’s attorneys live and work right here in Dallas, and always have. We believe in paying our success forward by helping people in the North Texas community, and are dedicated to supporting these local charities.
Our Managing Partner, Shane V. Mullen, has been handling personal injury cases for 21 years. He is “Top-rated” by Thompson Reuters who named him as a Texas Super Lawyer 3 consecutive years. Shane is also a lifetime member of both the Million & Multi-Million Dollar Advocates Forums, solidifying his expertise in handling significant cases. He is also an esteemed member of Rue Ratings’ Best Attorneys of America, further attesting to his exceptional legal prowess. Shane brings hard-won, battle born knowledge to your case.
With 18 years of personal injury experience, Attorney Joseph R. Morrison has established himself as a highly skilled legal professional. Notably, he served as counsel of record in a case that garnered recognition from VerdictSearch.com as a top 5 Premises liability (slip and fall) verdict in Texas. The defendant in this case was a Fortune 500 company with an annual revenue exceeding 11 billion. The specific case, Jeffrey Young v. ConAgra Foods, Inc., showcased Joe’s exceptional abilities in achieving favorable outcomes.
Joe is a distinguished member of The National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers, solidifying his standing among the nation’s most esteemed legal practitioners. Furthermore, his membership in both the Million & Multi-Million Dollar Advocates Forums further attests to his expertise in handling substantial cases.
Both Shane and Joseph are lifetime members of the Million & Multi-Million Dollar Advocates Forums, meaning they have each settled cases in excess of two million. This solidifies their expertise in handling significant personal injury cases.
Our Founder, Attorney Regis L. Mullen, has 56 years of personal injury experience. Regis received his Admission to practice law in 1967. Previously a Litigation Supervisor at Allstate Insurance Company, he knows all the tactics liability carriers use to deny or reduce personal injury settlements. Drawing upon his profound comprehension of the inner workings of the insurance industry, Regis established a law firm dedicated to meeting the legal needs of injured individuals in North Texas.
According to our records, the result obtained by Shane V. Mullen, Joseph R. Morrison in the case Estate of Unborn Child v. Motorist was one of the Top 50 Wrongful Death Settlements in the United States in the year 2021 and has made our list of the Top 50 Wrongful Death Settlements in the Nation in 2021. See the list here.
Case: Estate of Unborn Child v. Motorist
Type: Car Accident, Motor Vehicle Accident, Wrongful Death, Negligent Tort
Attorneys: Shane V. Mullen, Joseph R. Morrison of Mullen & Mullen Law Firm
Amount: $1,510,000.00
State: Texas
When a family member succumbs to the negligence, recklessness, intentional actions, or misconduct of another party, surviving family members have grounds for legal action. They can pursue claims for mental anguish, loss of financial support, loss of household services, loss of advice, and loss of maintenance that the deceased family member provided before their premature death.
Even if the deceased had a Will, an estate can still be established. Legal damages for the deceased will be pursued through a survival action case, and we will outline the distinctions between these two types of claims below.
Time is of the essence, so prompt action is crucial. In Texas, two statutes of limitations govern the law:
The decisions you make now will significantly impact your case’s outcome. You have a single opportunity to present your loved one’s story correctly.
A Wrongful Death claim is initiated by certain family members who directly suffer financial and emotional harm due to the untimely and unjust loss of a relative caused by another’s negligence or gross negligence.
A Survival Action is filed by the deceased’s estate, seeking damages for the harm suffered by the deceased directly due to someone else’s negligence or gross negligence leading to their demise.
The distinction hinges on the victim and the nature of the harm. For instance, if a father dies suddenly and can no longer support his children, the children may sue for mental anguish and the loss of financial support and guidance.
In a case where a single individual endures a prolonged, agonizing death, the estate can sue for pain, suffering, physical impairment, mental anguish, and medical bills incurred leading up to the death.
While it’s often advisable to pursue both causes of action, financial constraints may necessitate prioritizing wrongful death claims to prevent large hospital liens and other liens from attaching to the ultimate recovery of the survival action. By focusing solely on wrongful death damages, lien holders are often deterred from intervening in the pursuit of compensation for your family.
In Texas, the eligibility to file a wrongful death claim is legally defined, distinguishing between those with the right to initiate legal action and the beneficiaries. According to Texas law, the following individuals have the standing to file a claim:
No, under Texas law, siblings do not possess this right. However, funds recovered from a survivor action benefit the estate. If the deceased had a will designating a sibling as a beneficiary, indirect financial benefits accrue to the sibling through the lawsuit.
In Texas, the executor and/or administrator of the decedent’s estate generally has the right to file a wrongful death claim if no such action has been initiated within ninety (90) days following the decedent’s death by the surviving spouse, children, parent, and/or guardian. An exception exists if the estate is prohibited from filing a lawsuit by any of the aforementioned parties.
To file a wrongful death claim in Texas, the decedent’s surviving spouse, parent, or child must bring the suit, and it must be proven that a person or corporation committed a wrongful act resulting in the decedent’s injuries and subsequent death. Furthermore, it must be established that the decedent would have had grounds for legal action if they had survived. The surviving spouse, parent, or child must have also suffered actual damages, as detailed above.
Recoverable damages include “actual damages.” While a surviving spouse or surviving children may potentially recover punitive damages, this is not applicable to parents of a deceased child.
Parents of a deceased child can recover monetary damages resulting from the child’s death (before and after the age of 18), damages for the termination of the parent-child relationship, commonly referred to as “companionship and society,” and mental anguish, encompassing emotional pain, torment, and suffering—sometimes presented as grief and bereavement—resulting from the demise.
Parents can recover the same damages as if the child were a minor (refer to the above explanation).
Recoverable damages include financial loss due to the spouse’s death, damages for the termination of the marital relationship (affection, comfort, sexual companionship), mental anguish resulting from the death, and the loss of inheritance (including the loss of future earning capacity or additional assets to the estate).
Recoverable damages encompass future financial loss due to the parent’s passing, damages for the disruption of the parent-child relationship (affection, compassion, etc.), mental anguish, and potential loss of inheritance.
Jurors are typically instructed to consider the relationship between the deceased and the party, living arrangements, any extended periods of absence, family harmony, and shared interests or activities.
Yes, punitive damages can be recovered if the loved one’s death resulted from willful or grossly negligent conduct. However, the Tort Reform Act of 1995 imposes caps on punitive damages, and Texas law limits recovery to the surviving spouse and children. Strangely, parents are not eligible to recover punitive damages for the loss of a child.
Potentially. This is a case-specific inquiry, taking into account the support received (if any) from the decedent during the separation period before their demise.
Yes, but inexplicably, generally only if the fetus would have been capable of taking at least one breath if removed from the womb just prior to the violent event or if the fetus is born alive and subsequently dies.
A survival action is initiated by or on behalf of an estate to seek damages for injuries suffered by the decedent who was the victim of wrongful death before their passing.
Recoverable damages in a survival action encompass the physical pain and mental anguish endured by the victim before their demise, medical expenses incurred prior to their passing, funeral and burial expenses, property damages, and potential punitive damages.
Yes, amounts recovered in a survival action are subject to a hospital lien, whereas wrongful death damages generally are not.
Likely not. Recovery of such damages is typically limited to instances where conscious pain and suffering can be demonstrated, even if only for a brief period.
Four elements must be proven:
Proving negligence is often the most challenging aspect of a wrongful death claim. While cases involving clear negligence, such as drunk driving, are straightforward, matters like medical malpractice can be less clear-cut, requiring significant time and resources for determination.
This might also be referred to as “breach of duty,” signifying the defendant’s responsibility for a duty of “due care”—a duty to keep the other person safe or refrain from actions that may cause harm.
Establishing causation can vary in difficulty. For instance, in a car crash, it is relatively straightforward to determine whether the defendant’s actions caused the accident. However, in cases involving medical malpractice, proving negligence becomes challenging, especially when the harmful consequences occur months or years after the negligent act, such as prescribing the wrong medicine.
Once intent, breach of duty, and causation are established, damages are presumed due to the loss of the individual. However, in cases where harm occurs but not death, proving intent and causation may not be sufficient; you must also demonstrate the nature and extent of the harm (damages).
Facing the reality that others’ decisions can lead to the loss of a loved one is difficult. If you find yourself in this heartbreaking situation, contact our Fort Worth lawyers for a free consultation and guidance.
No, it is distinct. Murder charges can only be pursued in criminal court, and financial compensation cannot be sought for such charges. In Texas, wrongful death is a civil action seeking financial damages, not imprisonment or execution. While a murder victim’s family may file a wrongful death lawsuit, it’s a separate legal avenue. Notably, O.J. Simpson, after winning his criminal trial, lost a wrongful death lawsuit brought by surviving family members.
In criminal cases, the prosecutor must prove “beyond a reasonable doubt,” while in civil wrongful death cases, the standard is a lower burden of proof, known as “preponderance of the evidence.” This distinction played a role in Simpson’s case, where he won the criminal trial but lost the civil wrongful death claim.
Various avenues exist for financial compensation in Texas. Examples of “actual damages” include:
Additionally, “exemplary” damages can be awarded in Texas, serving to penalize or punish the defendant for gross negligence, rather than compensating for actual losses.
Call (817) 768-6680 to talk to a Fort Worth wrongful death attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Texas statute of limitations gives you just 2 years from the date of your accident to file a claim.
We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.
Mullen & Mullen Law Firm
9500 Ray White Rd #241
Fort Worth, TX 76244
Phone (817) 768-6680
By Appointment Only
The Mullen & Mullen family is here to address your concerns and make the path to recovery smooth. There are no fees to get started and you pay $0 if we don’t settle your case.
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LICENSED BY THE STATES OF TEXAS & MISSOURI FOR THE GENERAL PRACTICE OF LAW. The information on this website is not intended to be legal advice. That can only come from a qualified personal injury lawyer who is familiar with all the circumstances and facts of your specific case and the law relevant to it.
