Few things can lead to the lowest points in our lives as much as losing someone close to us. When that comes with the added sting of that loss coming from someone’s gross negligence, you can be left with even more emotional pain than you thought possible.
While it cannot undo what has already been done, seeking justice through court-ordered compensation with the help of a McKinney wrongful death lawyer can be a large part of your path to getting life back on track.
Since our founding in 2018, The Texas Law Dog has helped our valued clients fight for their lost loved ones by seeking justice in court for all kinds of cases, including wrongful deaths. Our McKinney personal injury lawyers are ready to walk with you every step of the way to receiving your compensation. Do not let the wrongful death of your family member slip by without taking action against whoever caused it.
Damages You Can Claim in a Wrongful Death Case in McKinney
Many personal injury cases deal with the victim’s recovery from injuries, financial strains, emotional tolls, among many other aspects thrown into chaos after an accident.
When dealing with a wrongful death, the types of claims change slightly in order to address the needs of the family members left behind by the deceased. Knowing what qualifies as recoverable damages after a wrongful death is foundational in building a successful wrongful death case in McKinney.
- Severe emotional strain
- Loss of close companionship
- Loss of financial security
- Loss of caregiving, emotional support, and/or guidance
- Medical expenses
- Funeral costs
- Punitive damages
Talking with The Texas Law Dog will help us determine the right path for your case, especially when there are unique circumstances that caused the wrongful death. Our personal attention will make sure you get the opportunity to fill us in on all the details of the accident and what life has been like for you and other loved ones since losing someone close to you. Let our experience help guide you through the legal process during such a distressing time.
Who Can Make a Wrongful Death Claim in McKinney
Simply knowing someone who suffered wrongful death does not mean you are able to make a claim for wrongful death on their behalf. Tex. Civil Practice and Remedies Code § 71.004. tells us that only specific people are permitted to file this type of claim. A McKinney wrongful death attorney can help you figure this out with certainty.
Those who qualify to file a claim include surviving family members like a spouse, child, or parent of the deceased. A claim can also be filed by the executor of the deceased’s estate. The law does not give this power to friends or a significant-other of the deceased who was not married to the deceased.
The same section of law says that a claim must be filed within three months of the death. If three months have passed, whoever is designated as the executor of the estate will file the claim. The deceased’s family is allowed to request and prevent the executor from filing a claim, should that be the chosen course of action.
McKinney Wrongful Death Lawyer Near Me (817) 775-5364
What Constitutes a Wrongful Death in Texas
While deaths resulting from accidents are always a tragedy, not all deaths qualify as wrongful deaths in the eyes of Texas law. It may be painful finding out filing a wrongful death action is not the right course for you, but consulting a wrongful death attorney in McKinney will set you up with the right type of filing. Being more familiar with how the law is structured will aid your conversations with your attorney.
Tex. Civil Practice and Remedies Code § 71.002. describes the nature of incidents that result in deaths that qualify as wrongful deaths, that you may file a claim against. These include someone’s default, neglect, carelessness, unskillfulness, or their plain and simple wrongful act. While these can be subjective, it is ultimately up to how we present the case in court and the court’s interpretation of the events.
Certain circumstances qualify as a wrongful death when they deal with an unborn child. Texas law defines a person being a person from the moment of conception, which means that a wrongful death could apply if someone dies before they are born. This kind of claim is exempt, however, from the mother of that unborn child, or a licensed professional healthcare provider who is performing their usual job duties to normal standards.
Talk to a McKinney Wrongful Death Lawyer Today
In difficult grieving periods, we realize how precious every moment is. Losing your loved one may leave you with so much time taken away from you that you can never truly get back. The Texas Law Dog understands this and will do everything in our power to fight for you in court so that the pain of your loss does not derail your life any more.
We can determine if settling a wrongful death case is right for you. Settlements can recover damages without the strife of going through the process of a full trial. While defendants will sometimes put up a fight if they think they can weasel their way out of being held accountable, settling can let everyone move on with their lives and some semblance of restitution.
It is also important to consider the toll this may take on you as you seek to get compensated. This process may involve long, and very emotionally taxing discussions that you have to have with your wrongful death lawyer in McKinney, the judge, a mediator or arbitrator, all of which can lead to results in your favor. Trying to get back some of what you lost in your wrongful death case is no easy task regardless of the specific circumstances, but you should trust that The Texas Law Dog is here for you all the way through.
