There is nothing more tragic than learning of a family member’s death caused by a preventable personal injury or accident, and there is no simple way to recover any semblance of fair compensation.
As a highly experienced and trusted Carrollton personal injury lawyer with a background in the insurance industry, the team at The Texas Law Dog wants to become your advocate during this difficult time. Let our Carrollton wrongful death lawyer fight for justice for your loved one.
Determining Wrongful Death Under Texas Laws
Wrongful death occurs when someone’s actions or inactions directly cause an accident or other incident that leads to the death of someone else. In these simple terms, it may seem easy to prove that another person caused your loved one to lose their life, but that is rarely the case. More commonly, it is challenging to prove wrongful death for a number of key reasons, including ensuring the incident meets the qualifications of wrongful death:
- Duty of Care: The defendant must owe the victim a duty of care, meaning they owe them some reasonable level of safety.
- The breach of duty of care: For some reason, the party breached that duty of care, such as engaging in activities that were reckless or through negligent care of their property.
- Causation: The breach of the duty of care is what directly caused the accident to take place.
- Injury: The victim suffered physical and financial loss as a result of the accident
Wrongful death requires you to demonstrate that each of these areas applies to your family member’s lost life, and that is hard to do when the witnesses cannot speak for themselves. Significant research and evidence work is required to ensure that all details are clarified so that fair compensation is possible. Wrongful death is very much a critical type of recovery after a personal injury case since those funds may be necessary to help you maintain your quality of life for years to come.
Types of Accidents Involving Wrongful Death Claims
Any type of accident that someone else causes can result in wrongful death claims if you can demonstrate negligence. By uncovering detailed evidence, our wrongful death attorney in Carrollton will work to understand what occurred in your case. Some examples of the types of accidents that may result in a wrongful death claim include:
- Car accidents
- Motorcycle accidents
- Medical malpractice cases
- Nursing home abuse cases
- Premises liability, such as swimming pool drownings
- Truck accidents
- Pedestrian accidents
- Product liability cases
Even if the type of accident your loved one suffered is not listed here, yet you believe their death was preventable, we encourage you to contact us. Our legal team will investigate what took place by gathering all available and hard-to-obtain evidence to determine if you have the right to compensation. When you are suffering, let The Texas Law Dog help you recover fair compensation. Be sure to read our FAQs and watch our videos to learn more.
Carrollton Wrongful Death Lawyer Near Me (817) 775-5364
Who Can File a Wrongful Death Claim in Texas
When wrongful death happens, the family of the individual must make the decision to seek legal action against those expected to be at fault. However, there are limitations on who can make this claim based on their relationship with the deceased person. According to Texas Civil Practice and Remedies Code §71.004, the spouse of the individual is the first person to make such decisions.
In situations where there is no spouse or children, or in the case of a new spouse or children, the parents of the deceased can make the decision to seek financial compensation through legal action. If you are one of these individuals, we strongly urge you to speak to a wrongful death lawyer in Carrollton in your case to recover fair damages. Let us take a closer look at what occurred so we can fight for you to receive fair compensation.
In some situations, other parties may be eligible to file a claim. If no other party exists (spouse, child, or parent) and you are an heir to the estate of that individual, you may be able to seek compensation through a lawsuit. In addition to this, the representative of the estate may also seek legal action to recover damages owed to the estate itself as a part of the probate process.
Damages You May Be Able to Recover Under Texas Wrongful Death Claims
Victims of wrongful death cannot seek compensation themselves, but those named above may be able to seek out losses the decedent would have received if they survived, as well as damages the family suffers moving forward. No amount of money makes it possible for you to move on easily, but reducing the financial burden of this event on your future may be possible if you pursue fair compensation such as:
- Medical costs for the individual’s care needs from the time of the accident until their death
- Final costs for funerals and burials
- Pain and suffering for the victim during the accident and through recovery
- Loss of consortium
- Loss of companionship
- Loss of financial security if a person was a dependent of the deceased party
- Loss of inheritance
Each case is vastly different, but our objective is to fully investigate all ways in which this death will impact your life, as well as how it caused turmoil, pain, and suffering for your loved one. By demonstrating economic and noneconomic losses, and in some cases, the right to punitive losses, it may be possible to recover damages to help you move forward with the support you need.
When you believe your loved one died at the hands of another person, it is strongly urged that you seek out legal guidance and read our lawyer referrals before you settle the claim.
Turn to a Carrollton Wrongful Death Lawyer at Our Firm for a Free Consultation
There is so much on the line, and if you do not take the time to request even just a free consultation, you may be plagued by “what if” questions for years to come.
Let our Carrollton wrongful death attorney fight for justice for your loved one by allowing for fair compensation. Set up a free consultation with The Texas Law Dog today to learn more about your rights.
