Arlington Wrongful Death Lawyer
There are many burdens a family takes on after the tragic loss of a loved one, many of which—such as medical costs, funeral, and burial costs—are financial in nature. Fortunately, if someone’s death stems from another person’s carelessness or recklessness, the decedent’s estate could recover compensation for these types of losses.
An Arlington wrongful death lawyer could help surviving family members both in and out of court, from filing claims to—if necessary—proving their case during the trial. With legal guidance from a compassionate personal injury attorney, you may be able to seek justice for your loved one more effectively.
What Could a Fatal Injury Claim Cover?
Texas state law allows people hurt in accidents—or, in the event of a wrongful death, their surviving family—to sue for damages or losses sustained during or as a direct result of that accident. Chapter 71 of the Texas Civil Practice and Remedies Code specifically allows certain individuals to enforce the rights of the deceased to recover the compensation they would have been able to recover had they survived their injuries.
However, the law limits those who are eligible to file a wrongful death claim on behalf of their deceased loved one. In Arlington, only the surviving spouse, parents, or children of the deceased may file a wrongful death claim. This group includes adoptive children and parents as the case may be, but siblings and other close relatives cannot file a complaint on their loved one’s behalf.
The decedent’s estate may be eligible to recover for damages such as:
- Emotional distress
- Mental anguish
- Lost inheritance and benefits
- Lost earning capacity
- Loss of consortium and companionship
- Loss of services
- Funeral and burial expenses
An Arlington wrongful death attorney could work to prove the following damages in court in the interest of obtaining compensation on behalf of a deceased person’s estate.
Does There Need To Be Intent For Filing a Wrongful Death Action?
Intent is not needed to bring a successful death cause of action. The court is looking for the following elements: the death of an individual, death caused by another’s negligence or with intent to cause harm, the survivors or family members who are suffering monetary injury as a result of death, and the appointment of a personal representative for the decedent’s estate. A knowledgeable Arlington attorney could help surviving family members after a loved one’s passing due to a fatal accident.
Survival Actions Lawsuits in Arlington
In addition to a wrongful death claim, eligible surviving family members of a decedent could also file a survival action lawsuit. These lawsuits are meant to help family members recover the compensation that the deceased would have been able to pursue for their own losses if they were able to do so.
More specifically, a survival action could seek recovery for more traditional forms of civil compensation, including:
- Medical expenses sustained between the accident and the decedent’s passing
- Compensation for the physical pain felt by the decedent
- Mental anguish suffered from the incident
Once recovered by the deceased’s estate, a damage award stemming from such a suit would be distributed to a surviving loved one in accordance with inheritance law, or the decedent’s will if they had one. A qualified attorney in Arlington could provide legal guidance for survival actions at the same time as a related wrongful death case.
Call an Arlington Wrongful Death Attorney Today
Losing a loved one can be a terrible and traumatizing experience for any family. Pursuing your rights and interests in court and holding the negligent party accountable is not just a way to protect your future—it could be an essential part of the healing process.
By calling an Arlington wrongful death lawyer, you could take proactive steps to secure the compensation that you need and deserve. Call our office today to set up a consultation.