Negligent actions by other parties are a common cause of wrongful deaths. When your loved one’s life was prematurely cut short because of another party, then a wrongful death lawyer in Leander can compassionately guide you through the legal process so you can get justice. A lawyer will fight to secure the resources you need to navigate this tragic change in your life.
The Texas Law Dog empathizes with you and your family after your family member has been wrongfully killed. We also fiercely fight for you so you have an advocate to negotiate compensation while you are grieving your loss. From the moment you consult with a Leander personal injury lawyer, we get to work gathering evidence and building a strong case that gets results. We don’t just bark, we bite.
Understanding Wrongful Death Claims and the Importance of Legal Representation
A wrongful death occurs when another party’s negligent actions are severe enough to result in an individual’s immediate or delayed death. These accidents are typically avoidable, which adds to the injustice of these events. Since an accident victim would generally have the right to file a personal injury claim for their losses if they had lived, surviving family members can file a claim on their behalf instead.
Accidents that result in wrongful deaths can be caused by a variety of situations. Vehicle accidents, falls, medical or surgical errors, defective products, workplace accidents, nursing home abuse, and more can cause fatal injuries or medical complications that lead to death. When this happens, it is important to collect evidence and keep detailed records of everything so you have a strong claim when filing a lawsuit.
Losing a family member is an emotional time, and a Leander wrongful death attorney can help streamline and resolve your case so you can get closure and begin to heal. These cases can be complex, and a skilled lawyer uses their legal and local knowledge to find solutions and customize their strategies to your circumstances so you can get favorable results when you need them the most.
Types of Wrongful Death Actions and Who Can File Them in Leander
Surviving families can face hardship and losses as a result of their loved one’s death. For example, a family could be left without a stable source of income, or a child could lose the support and care of a parent. In these situations, certain family members may be eligible to file a wrongful death claim to recover these and other losses. This helps families regain stability and have the resources they need.
According to Texas Civil Practice and Remedies Code § 71, family members who are eligible to file a claim are prioritized by their relationship and level of dependency on the decedent. Generally, a decedent’s spouse or child may file a wrongful death action. However, if the decedent was unmarried and didn’t have any children, then the decedent’s parents or other applicable kin may submit a claim instead.
In addition to a wrongful death claim, wrongful death survival actions can be filed on behalf of the decedent for the losses and suffering they endured between the accident and their death. This type of claim is filed by the decedent’s representative on behalf of their estate. Recovered damages help cover the decedent’s medical bills, lost wages, and more. Both types of claims can be filed simultaneously.
Leander Wrongful Death Lawyer Near Me (817) 775-5364
A Wrongful Death Attorney in Leander Establishes Fault When Settling a Claim
There are many factors that are considered when settling a wrongful death case, such as how much time the case will take, whether it will be settled or go to court, and who is at fault, to name a few. This last item plays a big part in wrongful death cases and can impact all other aspects of your case. A lawyer will investigate the cause of the accident and determine who is liable for the decedent’s death.
With the help of supporting evidence, a lawyer can hold the party responsible for your loved one’s death. They will demonstrate that the at-fault party was supposed to exercise care and caution to ensure safety, but carelessly or willfully disregarded this responsibility. The direct result of these actions was an accident that led to the decedent’s death. As such, the at-fault party is required to pay for damages.
Surviving families should be aware that if their loved one contributed to the accident that caused their death, then compensation may be reduced to compensate for their actions. Per Texas Civil Practice and Remedies Code § 33, parties who contribute less than 50% to an accident will have their damages reduced by their percentage of fault. Consult a lawyer in these situations for maximum recovery.
Families Can Recover Compensation for Wrongful Death Losses
When you take legal action for the losses connected to your loved one’s death, you can receive compensation for multiple types of losses. These damages help ease your suffering and financial burden so you can pick up the pieces and regain stability as you rebuild your life. Common losses that can be recovered through wrongful death and survival actions include:
- Any medical expenses incurred by the decedent before they died
- Funeral and burial costs for the decedent
- Loss of wages
- Damages caused to the decedent’s property in the accident
- Death benefits
- Lost inheritance
- Loss of spousal or parental companionship, caring, and services
- Pain and suffering
- Emotional and mental anguish
- Punitive damages
Enlist the help of The Texas Law Dog to help you determine which losses you can recover through both types of claims and how much your losses are worth. With our background in the insurance industry, we know how to effectively negotiate a fair settlement that will support your family as you move forward. We put a stop to the insurance company’s tactics, so you receive everything you are entitled to recover.
The Texas Law Dog is Compassionate and Aggressive
The Texas Law Dog fights to make sure you don’t have to suffer any more than you already have, and can get the closure you seek. A Leander wrongful death lawyer walks this path with you so you have an ally who will prioritize you and protect your rights and interests. We are ready to meet with you for a free consultation and help you determine how to proceed. Contact us today to get started.
