The death of a treasured loved one can shake up your entire family. When you discover their death could have been prevented if it were not for the negligence of another, you may be anxious to hold the at-fault party accountable to the full extent of the law. Thankfully, with help from a high-powered Frisco personal injury lawyer, you can get justice for your relative.
Calls are answered 24 hours a day, so do not hesitate to contact a leading Frisco wrongful death lawyer from The Texas Law Dog when you are ready to take action. Our team will walk you through the claims process so you have a better idea of what to expect as we move forward with your case. Contact us to request a free consultation today and learn more about what is next for your wrongful death insurance and civil claims.
Types of Accidents That Can Result in Wrongful Death
Losing a loved one in a preventable accident can devastate your family emotionally and financially. Many accidents that lead to wrongful death occur due to another party’s negligence, leaving surviving family members to seek justice. Your Frisco wrongful death attorney from The Texas Law Dog can help you understand your options for pursuing compensation when tragedy strikes, such as:
- Car accidents
- Truck collisions
- Motorcycle accidents
- Pedestrian accidents
- Workplace accidents
- Medical malpractice
- Defective product incidents
- Construction accidents
- Drowning accidents
- Boating accidents
- Fires and explosions
- Nursing home neglect
Establishing the burden of proof in wrongful death claims is critical to securing compensation. In Texas, wrongful death cases require showing that the at-fault party acted negligently or wrongfully, causing the victim’s death. The evidence presented must meet the preponderance of the evidence standard, demonstrating that it is more likely than not that the defendant’s actions led to the loss.
For a free legal consultation, call (817) 775-5364
Surviving Family Members May Be Entitled to Specific Types of Recoverable Damages
When someone passes away due to wrongful death, surviving family members such as spouses, children, or parents may be entitled to compensation under Tex. Civ. Pract. & Rem. Code § 71.001. The compensation available often depends on the relationship with the deceased and the extent of financial and emotional losses suffered.
Understanding your rights is essential, especially when wrongful death settlements are generally calculated by various economic and non-economic factors.
Laws Regarding Punitive Damages in Texas Wrongful Death Claims
Punitive damages, also called exemplary damages, are awarded in wrongful death claims to penalize egregious behavior and deter similar misconduct in the future. In Texas, punitive damages are typically reserved for cases involving gross negligence, willful misconduct, or intentional harm. To qualify, surviving family members must prove that the defendant’s actions demonstrated a reckless disregard for the safety or rights of others.
Unlike compensatory damages, punitive damages do not aim to cover financial losses but instead serve as a punishment for the at-fault party. Tex. Civ. Prac. & Rem. Code § 41.008 imposes limits on the amount of punitive damages that can be awarded, generally capping them at two times the amount of economic damages plus an equal amount of non-economic damages, up to $750,000. Understanding the nuances of punitive damages in wrongful death claims is critical in determining how much compensation you might receive for your loss.
Compensation for Economic and Non-Economic Loss
The value of a wrongful death claim often depends on the measurable economic impact and the emotional toll of losing a loved one. Courts and insurance adjusters calculate these damages based on the unique circumstances of each case, considering the relationship between the deceased and the surviving family members. Wrongful death settlements are generally calculated by examining both tangible and intangible losses, including:
- Funeral and burial expenses
- Loss of income and future earning capacity
- Medical expenses incurred before death
- Loss of companionship and guidance
- Emotional distress and mental anguish
- Loss of household services
- Pain and suffering of the deceased
Frisco Wrongful Death Lawyer Near Me (817) 775-5364
Several Wrongful Death Laws Could Impact Your Case
Wrongful death claims differ significantly from standard personal injury lawsuits, with distinct laws that can affect how your case is handled in Texas. Understanding these legal nuances is essential to protect your family’s right to pursue compensation.
Two critical factors are the time frame for filing a claim and determining who is eligible to bring a wrongful death lawsuit.
The Statute of Limitations
Tex. Civ. Pract. & Proc. Code § 16.003 places a strict statute of limitations on wrongful death claims, typically requiring the lawsuit to be filed within two years of the deceased person’s passing. Failing to meet this deadline could bar your family from recovering compensation, regardless of the claim’s validity.
For additional details, review our resource on the wrongful death statute of limitations to understand how these laws might apply to your case.
Who Has the Right to File the Claim
In Texas, specific family members are granted the right to file a wrongful death lawsuit, including the surviving spouse, children, and parents of the deceased.
These parties are generally given priority under the law, ensuring those most directly affected can seek justice for their loss. If eligible family members do not take action within three months of the death, the executor or personal representative of the estate may step in to file the claim.
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Trust in a Compassionate Wrongful Death Attorney in Frisco for Help Today
Between the extreme emotional distress and severe financial concerns that may arise when your loved one is suddenly taken from you, moving forward can feel impossible. But when you have a compassionate wrongful death lawyer in Frisco with The Texas Law Dog working for you, you can have a trusted legal representative by your side every step of the way, protecting your right to grieve. Let us handle the specifics of your wrongful death action while you mourn your loss.
Have our team start working on your insurance and civil claims as soon as today. You can reach us by phone or through our secured contact form to schedule your free, no-obligation consultation. When the jury returns a verdict in your favor, and justice is finally served, you will be glad you did.
Call (817) 775-5364 or complete a Free Case Evaluation form