When you lose a loved one because of another person’s negligence, the void their presence creates can leave you reeling from the pain. When financial pressures creep in and insurance companies give you the run-around, the weight of your losses may start to feel unbearable. A Garland wrongful death lawyer can throw you a lifeline by helping you file a wrongful death claim to get justice and monetary relief.
The Texas Law Dog provides empathetic legal representation so you do not have to suffer alone in the wake of your loved one’s death. We will be your most vocal advocate so you are not taken advantage of while you are at your most vulnerable. A Garland personal injury lawyer will get you the results you need to begin to heal. At The Texas Law Dog, we don’t just bark; we bite.
An Overview of Wrongful Death Claims
Wrongful death claims are built upon the premise that negligence was exhibited on the part of another party and resulted in a fatal outcome. The determination for a wrongful death claim is based on whether or not the decedent would have been able to file a personal injury claim against the negligent party if they had survived. If such a claim could be made, then surviving family members have the right to move forward with a wrongful death suit.
A wrongful death can result from a number of catastrophic accidents caused by negligence. Vehicle, workplace, and medical accidents are just a few of the ways an untimely death may occur. Oftentimes, these fatalities could have been prevented with the additional use of caution.
It is important to have a wrongful death lawyer in Garland help you validate your claim and file the necessary paperwork to begin the claim process. They will also be instrumental in helping demonstrate that the party responsible did not show the necessary caution and care needed to keep your loved one from being killed.
For a free legal consultation, call (817) 775-5364
Who Can File a Wrongful Death Claim
Individuals entitled to file wrongful death survival actions are limited to immediate family members such as a spouse, child, and parents. In some instances, another close family member may have a right to take action if one of the individuals mentioned previously is not present to take such action.
Additionally, according to Texas Civil Practice and Remedies Code Chapter 71, the deceased’s representative may also have the right to take action on behalf of the estate and family in the event that the decedent’s loved ones do not file a wrongful death claim within three months of the accident.
When filing a wrongful death claim, you will need to have certain documents to show evidence of the decedent’s death and evidence that their death was the cause of negligence. These include the death certificate and autopsy report, medical bills and documentation, and accident evidence in the form of police reports, statements, photos, and videos. Additionally, if the decedent had an active will, then this may also be considered throughout the legal proceedings.
In addition to filing your claim and pursuing restitution on behalf of your loved one, you may also be able to receive compensation through insurance death benefits. If the decedent had any active policies at the time of their death where they named you as a beneficiary, then you may be entitled to withdraw these funds. However, insurance companies may try to avoid paying out the policy’s benefits, so enlist the representation of an experienced lawyer.
Garland Wrongful Death Lawyer Near Me (817) 775-5364
A Garland Wrongful Death Attorney is a Light in the Darkness
When all hope seems lost, a lawyer can shed light on your rights and a recommended course of action. They will ensure you do not have to make the next move by yourself. They will handle all paperwork and filing, investigate your claim, ensure you have the right evidence, and negotiate maximum compensation on your behalf.
For many, wrongful death claims and lawsuits are overwhelming and confusing. However, a skilled lawyer possesses a wide range of knowledge to smoothly navigate through the various obstacles and requirements to secure the results that are needed. They can also ensure you receive fair and equitable treatment.
Your lawyer will also strive to make the legal process as painless as possible. While the burden of proof lies with you and your lawyer, they will help ensure you do not have to relive the tragic events you experienced any more than necessary. Your lawyer will be a safeguard between you and the opposing parties.
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Damages That Can be Recovered in a Wrongful Death Claim
While nothing compares to the existence of your loved one in your life, wrongful death settlements can help ease the mounting costs you may be facing in the wake of their death. Compensation can provide relief for a variety of losses and give you peace of mind, especially if the decedent was the primary earner in your family. Some of the expenses and intangible losses you may be able to recover include:
- End-of-life medical care and expenses
- Funeral and burial costs
- Lost income previously provided by the decedent
- Pain, suffering, and emotional distress
- Decreased quality of life and enjoyment
- Loss of consortium and/or companionship
- Lost inheritance
To have the best chances of securing a settlement, your claim must be filed within the wrongful death statute of limitations. You will typically have two years from the time of death to file a claim, but some exceptions may apply. Extensions may be made in instances where fraud occurred, or the individual entitled to file a claim was a minor at the time that the death took place.
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Receive the Support You Need With The Texas Law Dog
The Texas Law Dog supports you during a difficult and emotional time and helps you get justice when you have lost a loved one prematurely. We help you get compensation so you will not have to bear the weight of financial pressure while grieving your loss.
Talk with a wrongful death attorney in Garland and learn how they can help when you schedule a free consultation today.
Call (817) 775-5364 or complete a Free Case Evaluation form