Losing a family member is sad and tragic. You and your loved ones may feel the devastation of your loss for a long time. If someone else is liable for your family member’s death, you may have the right to seek justice and compensatory damages. Talk with a compassionate and empathetic wrongful death lawyer in Rockwall, and they can explain your legal options.
The Texas Law Dog cares about you and your family. Since 2018, we have been helping families in wrongful death cases and many others. Let us help you as you decide whether to proceed with a wrongful death claim or lawsuit. To learn more, schedule a free case consultation with a Rockwell personal injury lawyer from our team.
Reasons to File a Wrongful Death Claim in Rockwall
You may think filing a wrongful death action is more trouble than it is actually worth. Unfortunately, nothing will change the past. Your loved one may be gone, but you may have the opportunity to hold the party liable for their death, responsible for their actions. A wrongful death attorney in Rockwall can help you do just that.
Your attorney wants you and your family to care for and support one another as you cope with your loss. They will handle your legal matters and keep you updated throughout your case proceedings. Your attorney can submit your claim and help you recover compensatory damages. If you have legal concerns at any point, your lawyer addresses them promptly.
At The Texas Law Dog, we want our clients to make informed legal decisions. We can provide you with insights into wrongful death survival actions and other legal topics relating to your case. If you are weighing the pros and cons of a wrongful death claim, we can help you decide what to do from here. Contact us today.
What a Wrongful Death Claim Entails
In Texas, there is a two-year limitations period for a wrongful death claim, per the state’s Civil Practice and Remedies Code. A Rockwall wrongful death lawyer will let you know if you are eligible to file a claim. If so, they can assist you at each stage of the claims process.
With a claim, you ask the insurance company of the party liable for your family member’s death for compensation. The claims process should be simple, but problems are likely to come up along the way. Ultimately, a liable party’s insurer is more focused on its client’s best interests above yours. Thus, the business may contest your claim or offer a lowball settlement.
Your attorney negotiates a settlement with the at-fault party’s insurance company. If your lawyer receives a settlement proposal, they will share the offer with you. Regardless, if a settlement offer is worth far less than what you have suffered in losses, your lawyer may advise you to decline it. They may also recommend moving forward with a wrongful death lawsuit.
Rockwall Wrongful Death Lawyer Near Me (817) 775-5364
What to Expect if You File a Wrongful Death Lawsuit
Ideally, your lawyer will settle your wrongful death case without having to go to trial. Yet, there are times when insurance settlement negotiations go nowhere. At these times, it may be beneficial to proceed with a lawsuit. If you sue for damages, your case goes in front of a judge or jury to determine if you will be compensated for your losses.
Your personal injury attorney makes sure you can enter the courtroom feeling confident about your case. Leading up to your trial, they may gather accident scene photos, witness statements, and other proof. Their collection of evidence may make it tough for the defendant to prove that they should not have to pay damages.
Presenting your case to a judge or jury does not automatically mean that you will receive compensation. A judge or jury may rule in the defendant’s favor. Alternatively, they may find that your family member is partly to blame for their death. If this happens, what you receive in compensation can be reduced by your late loved one’s percentage of fault.
The Role of Negligence in a Wrongful Death Case
Your lawyer takes their responsibility as your legal representation seriously. In a wrongful death trial, they want a judge or jury to see that the defendant was negligent. To illustrate this point, your attorney will build an argument that emphasizes these elements of negligence:
- Duty of Care: A party has a legal obligation not to engage in any acts that can put people at risk.
- Breach of Duty of Care: This party violates their duty of care, as they committed an act that most people would consider to be careless or reckless.
- Causation: Since the party acted carelessly or recklessly, they did something that led to your loved one’s death.
- Damages: You are dealing with burial and funeral expenses, pain and suffering, and other economic and non-economic damages because the party decides to breach their duty of care.
Texas has a proportionate responsibility statute that applies to wrongful death cases. Sometimes referred to as a “51% rule,” this statute prevents you from getting damages if your family member is primarily responsible for their death. In a situation where your loved one is 1-50% liable for their death, a court may award you damages minus their percentage of fault.
Who Can Be at Fault for a Wrongful Death
One or more parties can be responsible for your family member’s death. Your lawyer may review surveillance or traffic camera footage, interview witnesses, and take other measures to find out who is liable for your loss. Parties that can be at fault for a wrongful death include:
- Motorist
- Truck company
- Business operator
- Property owner
Select a lawyer who has experience helping clients in cases similar to yours. For instance, your family member is killed in a truck accident. Speak with a truck accident lawyer in Rockwall about your case. This attorney can describe hours of service (HOS) rules and other trucking industry regulations that may relate to your case.
Get Help From a Rockwall Wrongful Death Lawyer
You are not alone as you try to figure out how to respond after you lose a loved one due to someone else’s actions.
The Texas Law Dog is here to assist you in any way possible. For more information, request a free case consultation with a Rockwall wrongful death attorney from our team.
