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 Plano 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 (972) 947-3370 now for a free consultation and some excellent advice.
When faced with the unimaginable, grieving families deserve answers and support. For many decades, our firm has been dedicated to obtaining compensation and holding wrongdoers accountable for the loss of loved ones.
While the majority of our wrongful death case outcomes remain confidential, there is one particular case that exemplifies our commitment and approach. We were called upon to represent the family of an individual who tragically lost his life in a pedestrian accident on the shoulder of a highway. Although the motorist’s insurance company promptly disclosed their policy limits, they denied liability and refused to meet those limits due to the initial police report that appeared to fault our deceased client.
The motorist’s statement claimed that our client had stumbled into their lane of travel. To shed light on this situation, we commissioned a toxicology report, which conclusively demonstrated the absence of drugs or alcohol in our client’s system, casting doubt on the motorist’s assertion that our client was stumbling.
Furthermore, we obtained and reviewed the body-worn camera footage from the investigating officer, which proved to be pivotal. The footage contained a brief interaction where the motorist acknowledged seeing our client before the incident, establishing that there was ample time for the motorist to react and avoid the collision. This strongly implied that the motorist had not made sufficient effort to swerve and prevent striking our client, despite having the opportunity to do so.
Armed with this crucial footage, our firm presented it as part of our settlement demand, leading to a swift reversal by the insurance carrier. More importantly, this allowed the grieving family to finally gain a clearer understanding of the events leading to their loved one’s tragic passing.
Our commitment doesn’t waver when faced with challenging circumstances. We persistently pursue the truth, even when initial reports may not favor our clients. We refuse to back down when insurance companies deny liability. We dig deeper, uncover the facts, and advocate for families with unwavering dedication, just as we did for this family, and just as we will 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
A Wrongful Death Claim arises when a family member passes away due to someone else’s negligence, recklessness, intentional actions, or misconduct. Surviving family members have the right to pursue claims for mental anguish, loss of financial support, loss of household services, loss of support, loss of advice, and loss of maintenance provided by the deceased family member prior to their untimely death.
Whether or not the deceased had a Will, an estate can be established, and legal damages will be pursued through a survival action case. The distinctions between these two types of claims will be explained below.
Acting promptly is crucial, as there are two statutes of limitations in Texas:
The decisions made by you and your family now will significantly impact your case’s outcome. You have only one 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 someone else’s negligence or gross negligence.
A Survival Action is filed by the deceased’s estate, seeking damages for the harm suffered directly by the deceased from someone else’s negligence or gross negligence leading to their demise.
The distinction hinges on the party harmed – for example, children who lose financial support and advice due to their father’s sudden death or an estate seeking compensation for a victim’s pain, suffering, and medical bills in the days or weeks leading to their death.
In many cases, pursuing both causes of action is advisable. However, when dealing with limited funds and substantial medical bills, focusing on wrongful death claims may prevent lien holders from intervening and attaching to the recovery in the survival action.
In the state of Texas, the eligibility to file a wrongful death claim is legally defined, distinguishing between those who can initiate legal action and the beneficiaries. According to Texas law, the following individuals are authorized to file a claim:
No, under Texas Law, siblings do not possess this right. However, funds recovered from a survivor action are directed to the estate. If the deceased had a will designating a sibling as a beneficiary, that sibling would indirectly benefit financially from the lawsuit.
In Texas, the general rule is that the executor and/or administrator of the decedent’s estate may file a wrongful death claim if it hasn’t been initiated within ninety (90) days following the decedent’s demise by their surviving spouse, children, parent, and/or guardian. An exception exists if the estate has been expressly prohibited from filing a lawsuit by one of the mentioned parties.
In Texas, a lawsuit must be filed by the decedent’s surviving spouse, parent, or child. Additionally, it must be proven that a person or corporation committed a wrongful act causing injuries to the decedent leading to their demise. It must also be established that the decedent would have had grounds for legal action if they had survived. Furthermore, the surviving spouse, parent, or child must have suffered actual damages as outlined earlier.
Recoverable damages include “actual damages.” While a surviving spouse or surviving children can potentially recover punitive damages, this is not applicable to parents of a deceased child.
Parents of a child victim in a wrongful death claim may recover damages such as monetary losses resulting from the child’s demise (both before and after the age of 18), damages for the termination of the parent-child relationship, often termed as “companionship and society,” and mental anguish, encompassing emotional pain, torment, and suffering—sometimes articulated as grief and bereavement—resulting from the demise.
Parents can recover the same damages as if the child were a minor (refer to the information above).
Recoverable damages encompass monetary loss due to the spouse’s passing, damages for the termination of the marital relationship (including love, affection, comfort, and the sexual relationship), mental anguish resulting from the demise, and the loss of inheritance, which includes the loss of future earning capacity or money that would have been added to the estate.
Recoverable damages consist of future monetary loss resulting from the parent’s death, damages for the cessation of the parent-child relationship (including love and compassion), mental anguish, and the loss of inheritance, if applicable.
Jurors typically consider the nature of the relationship between the deceased and the party filing the claim, the living arrangements of the parties, any extended periods of absence, family harmony, and shared interests and activities.
Yes, punitive damages can be recovered if the loved one’s death resulted from willful or grossly negligent conduct. The Tort Reform Act of 1995 imposes caps on punitive damages, and Texas law limits the recovery of punitive damages in these cases to the surviving spouse and children. Notably, parents are not eligible to recover punitive damages for the death of a child.
Possibly. The eligibility to recover damages in this scenario is highly case-specific and depends on the support, if any, received from the decedent during the separation period leading up to their death.
Yes, but inexplicably, generally only if the fetus would have been able to take at least one breath if removed from the womb just before the violent event, or if the fetus is born alive and subsequently dies.
A survival action is initiated either by or on behalf of an estate to seek damages for the injuries sustained by the decedent who was a victim of wrongful death prior to 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 punitive damages.
Yes, amounts recovered in a survival action are subject to a hospital lien, whereas wrongful death damages are generally not subject to such liens.
Likely not. Recovery of these damages is typically limited to instances where conscious pain and suffering can be demonstrated, even if only for a brief period.
Proving a wrongful death claim in Texas involves establishing four key elements:
The most challenging aspect of any wrongful death claim is proving negligence. While negligence is easily proven in cases like drunk driving, it may be less clear and often requires significant time and resources in cases involving medical malpractice, for instance. This may also be referred to as a “breach of duty,” signifying the defendant’s obligation to exercise “due care” for the safety of the decedent – essentially, a duty to prevent harm or not engage in actions that may cause harm.
Establishing causation can range from straightforward, as in a car crash where it’s relatively easy to determine whether the defendant’s actions caused the accident, to remarkably challenging. In cases involving medical malpractice, proving negligence becomes intricate, especially when the consequences may not manifest until months or years after a negligent act, such as prescribing the wrong medicine.
If intent or a breach of duty, and causation are established, damages are presumed as the death of the injured person is demonstrated. However, in cases where harm occurs without resulting in death, even proving these elements may not guarantee success if the nature and extent of the harm (damages) are not adequately demonstrated.
It is unfortunate that the decisions of others can lead to the loss of a loved one, but it is a reality we must face. If you find yourself in this heart-wrenching situation, reach out to our Plano lawyers for a free consultation and guidance.
No, they are distinct. Criminal convictions, including “murder,” are determined in criminal court, with no provision for seeking financial compensation. In Texas, “Wrongful Death” is a civil action seeking financial damages, not imprisonment or execution. While murder may be the basis for a wrongful death lawsuit, winning a criminal trial does not necessarily preclude a wrongful death claim, as seen in the case of O.J. Simpson.
For example, hypothetically, if prosecutors decide not to pursue a drunk driver responsible for a fatal accident due to insufficient evidence for manslaughter, you can still file a claim for wrongful death in Texas and potentially recover financial compensation.
In criminal cases, the prosecutor must prove guilt “beyond a reasonable doubt,” whereas in civil wrongful death cases, the burden is to prove “preponderance of the evidence” (more likely than not). This difference was evident in O.J. Simpson’s legal saga, where he won his criminal trial due to the jury having doubts, but lost the wrongful death claim based on a civil court jury finding it more likely than not that he was responsible.
Various avenues exist for recovering financial compensation in Texas, including “actual damages” types such as:
In addition to compensatory damages, Texas allows for “exemplary” damages, meant to penalize or punish the defendant for gross negligence rather than compensating for actual losses.
Call (972) 947-3370 to talk to a Plano accidental 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.
Seriously Hurt? We’ll Come to You!
PLANO OFFICE
Mullen & Mullen Law Firm in Plano0
8105 Rasor Boulevard #237
Plano, TX 75024
Call (972) 947-3370 today!
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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.
