Those left behind after a loved one’s preventable, untimely death experience deep trauma. There is the grief that follows loss, but that grief is compounded by shock, anger, and the sense of injustice. The financial repercussions are also potentially devastating, as families are left without the financial support or other household contributions provided by the deceased.
Reach out to the Texas Law Dog to get help from a Lewisville personal injury lawyer if you have lost a loved one because of someone else’s negligence. Our team has received consistent five-star ratings from clients, and a wrongful death lawyer in Lewisville is ready to give you that same five-star treatment. We are here for you.
How to Prove a Wrongful Death
A wrongful death is a death that was preventable. It occurred because someone else committed a careless, reckless, or intentional act that either killed the victim immediately or led to their eventual demise. Any preventable accident or violent act could provide grounds for a wrongful death claim.
A successful outcome requires showing the at-fault party owed the decedent a duty of care–a legal obligation to uphold their safety. For example, drivers owe all road travelers a duty to operate their vehicles safely. Property owners are obligated to keep their properties free of known hazards that could cause visitors harm.
Then, you must show that the at-fault party failed in this duty, and that failure led to the untimely death and left the surviving family with measurable damages. An experienced wrongful death attorney in Lewisville can help you file the claim and take your case through the entire legal process.
Laws Governing Wrongful Death in Texas
Chapter 71 of the Texas Civil Practice and Remedies Code establishes the State’s wrongful death laws. Under this statute, only the deceased’s surviving spouse, children, or parents can file a claim. If no eligible party files within three months of the death, the estate can submit a claim after that period, unless the family requests the estate not to file.
The wrongful death statute of limitations in Texas is usually two years from the date of the death. It is best to connect with a Lewisville wrongful death lawyer as soon as possible. A fast connection allows time for gathering evidence and accurately identifying and filing against the at-fault party well within that deadline.
Texas Code Chapter 33 establishes the role “fault” plays in the amount of compensation available. If your loved one was 51% or more responsible for the incident leading to their death, you cannot seek damages. If they hold a smaller percentage, the compensation amount is reduced proportionally. Our team will fight to protect your loved one from blame and keep your compensation intact.
Lewisville Wrongful Death Lawyer Near Me (817) 775-5364
Compensation from a Wrongful Death Claim
A wrongful death settlement or trial award compensates the deceased’s surviving family members for losses incurred by the victim’s death. The recoverable damages after a wrongful death typically include recovery or recognition of:
- Funeral costs
- The deceased’s lost income
- Value of the deceased’s life
- Related medical costs
- The family’s pain, suffering, and grief
- Loss of consortium
In some wrongful death cases, families may be entitled to “exemplary” damages. Per the Texas Code, these only apply if the “death is caused by the willful act or omission or gross negligence of the defendant.” Exemplary damages are an additional monetary penalty assigned to the defendant and paid to the deceased’s family.
When to File a Survival Action
Some cases may warrant filing wrongful death survival actions. Compensation from a survival action is paid to the deceased’s state. It covers losses the victim experienced before death, and that the victim could have pursued themselves had they lived.
A survival action only applies if the victim does not immediately die from the accident or act of violence in question.
A Wrongful Death Attorney in Lewisville Can Build and Protect Your Case
Losing a loved one unexpectedly and unjustly leaves families devastated. Taking on a complicated legal situation will add layers of unnecessary stress to survivors, preventing them from putting their emotional energy into healing. It can also lead to an unfair settlement. Insurance companies may act sympathetically and make an early settlement offer. Do not accept it without consulting the Texas Law Dog.
A Lewisville wrongful death attorney will work to build a strong case on solid evidence and will value your losses with great care. Let us review any settlement offers to determine if they honor what your case is worth. We will handle all discussions with the insurance companies and demand that they pay what they owe.
Our team also knows how fraught this time is for you and your family, and that relationships can become strained when dealing with financial and legal matters. We will protect you during these turbulent times and uphold your rights under Texas law. Let us handle filing a wrongful death action and provide the support and protection you deserve.
Trial Awards and Settlements
The decision of taking a wrongful death to trial vs. settling is high stakes. Many cases settle without a trial. The opposing sides come to a fair compensation agreement through negotiations. This option usually takes less time and is less stressful than a trial. Still, sometimes a trial proves necessary.
The other side may not negotiate productively. They may consistently make insulting settlement offers. Your attorney will take you through your options and give you a clear sense of the possible outcomes. We do not want you to settle for less. Our goal is to get you the best resolution available.
Restoring Justice After a Wrongful Death
The Texas Law Dog bites back against injustice, and a wrongful death is one of the most tragic forms of injustice. You can trust our team to acknowledge your pain and respect your grief while still fighting aggressively to hold the negligent party accountable for the damage their actions have caused.
Connect with us for a free case consultation. We look forward to helping you build a more hopeful future.
