Losing a loved one due to someone else’s wrongful acts is both emotionally and financially devastating. When you turn to your Denton wrongful death lawyer with The Texas Law Dog, you get a legal team that fights for justice and maximum compensation.
Your Denton personal injury lawyer is here to help, because at The Texas Law Dog, “We Don’t Just Bark. We Bite.”
Common Causes of Wrongful Death in Denton
Losing a loved one due to negligence is devastating, leaving families with emotional and financial burdens. Wrongful death cases arise when reckless actions lead to fatal accidents that could have been prevented.
If you lost a loved one, a Denton wrongful death attorney from The Texas Law Dog can help you pursue justice and hold the responsible party accountable.
Fatal Car and Truck Accidents
Traffic collisions are one of the leading causes of wrongful death in Denton. High-speed crashes, reckless driving, and impaired motorists put lives at risk every day. Your Denton car accident lawyer can investigate the cause of the crash and fight for the compensation your family deserves.
Commercial truck accidents often result in catastrophic injuries due to the size and weight of such vehicles. Driver fatigue, improper maintenance, and overloaded cargo frequently contribute to fatal collisions. If a trucking company’s negligence played a role in the accident, your case may involve multiple liable parties.
Workplace Accidents Leading to Wrongful Death
Some job sites expose workers to life-threatening risks due to hazardous conditions. Construction accidents, equipment failures, and toxic exposures are common causes of workplace fatalities. Employers who fail to follow safety regulations may be held liable for wrongful death claims.
Even office jobs can present dangers when employers do not maintain a safe environment. Slip and fall accidents, electrical hazards, and workplace violence can lead to fatal injuries. When employers prioritize profits over worker safety, families have the right to seek compensation.
Medical Malpractice and Fatal Errors
Patients trust doctors, nurses, and hospitals to provide proper medical care. When healthcare providers make mistakes, the consequences can be fatal. Surgical errors, misdiagnoses, and medication mistakes often lead to wrongful death claims.
Holding medical professionals accountable requires proving negligence caused the patient’s death. If you are filing a wrongful death action, you must show that a doctor or hospital failed to meet the standard of care. Pursuing a claim can provide financial relief and help prevent future medical errors.
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Who Can File a Wrongful Death Claim in Texas
Losing a loved one due to negligence is devastating, but Texas law allows certain family members to seek financial compensation. Under Texas Civil Practice and Remedies Code § 71.004, only specific individuals can file a wrongful death lawsuit. If you lost a spouse, parent, or child, you may have legal standing to pursue a claim.
Spouses have the right to file a wrongful death lawsuit, regardless of whether they were legally married or in a common-law marriage. Children, including legally adopted children, may also file a claim for the wrongful death of a parent. Parents of a deceased child are eligible to pursue compensation, but siblings do not have legal standing under Texas law.
Time Limits for Filing
Wrongful death claims must be filed within a specific time frame to be valid. Under Texas Civil Practice and Remedies Code § 16.003, surviving family members generally have two years from the date of death to file a claim. Failing to meet this deadline may result in losing the right to seek compensation.
Certain exceptions may extend or shorten the filing period. If the defendant concealed their role in the wrongful death or the claimant was a minor at the time of the death, the statute of limitations may be paused. In rare cases, courts may allow exceptions for extraordinary circumstances, but most claims must be filed within the two-year period.
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Texas Wrongful Death Laws and the Legal Standard
Texas wrongful death laws establish who can be held liable and what must be proven for a successful claim. Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death occurs when a person’s negligence, recklessness, or intentional misconduct leads to another person’s death. The responsible party may be an individual, business, or government entity.
To recover compensation, you must prove that the defendant owed a duty of care to the deceased and that their breach of that duty directly caused the fatal injuries. This legal standard applies to a variety of cases. Some of the most common incidents that result in wrongful death include fatal car accidents, medical malpractice, and workplace accidents.
Wrongful death claims are separate from criminal cases, which means liability is determined based on a preponderance of the evidence rather than beyond a reasonable doubt. Even if the defendant is not convicted in criminal court, they may still be held financially responsible in a wrongful death lawsuit. Whether the state chooses to file criminal charges has no bearing on your ability to pursue a civil claim.
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Potential Damages to be Recovered
Wrongful death claims allow surviving family members to recover financial compensation for both economic and non-economic losses. The damages available depend on several different factors. Some examples of potentially recoverable damages include:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Loss of the deceased’s income and financial support
- Loss of household services
- Loss of inheritance
- Loss of companionship and emotional support
- Pain and suffering experienced by surviving family members
- Mental anguish and emotional distress
- Loss of parental guidance for minor children
- Property damage related to the incident
- Punitive damages in cases of gross negligence or intentional misconduct
In cases where the defendant’s actions could be considered grossly negligent or willful, the civil court system has the authority to award punitive damages under Texas Civil Practice and Remedies Code § 41.003. These damages are designed to ensure the defendant is punished beyond what you are entitled to and deter similar behavior in the future. While not available in every case, punitive damages may significantly increase the compensation awarded to the surviving family.
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Speak with a Wrongful Death Lawyer in Denton Today
When someone else’s negligence takes the life of your loved one, you deserve answers, accountability, and justice.
Work with your wrongful death attorney in Denton from The Texas Law Dog to pursue financial recovery and hold the at-fault party responsible. Contact our office today for a confidential consultation.
Call (817) 775-5364 or complete a Free Case Evaluation form