A family member dies due to no fault of their own. You and your loved ones are devastated and have no idea of what to do from here. Let a Mesquite wrongful death lawyer handle your legal matters during this difficult time in your life.
The Texas Law Dog is a Hopkins County native who provides top-notch legal representation. We are here to help if you and your family want to seek compensatory damages from anyone liable for your loved one’s death. Consult with a Mesquite personal injury lawyer.
What You Need to Know About a Wrongful Death Claim
Filing a wrongful death claim is unlikely to be a consideration as you cope with the loss of a family member. A Mesquite wrongful death attorney understands this. They want you to think about how your family member’s death could impact you and your loved ones moving forward.
You could have grounds for a wrongful death claim if a family member dies as a result of someone else’s negligence. To find out, meet with an attorney. If you are eligible to file one, ask your lawyer how they will handle your wrongful death claim and guide you through the legal process.
The Texas Law Dog offers FAQs and other legal resources to those weighing the pros and cons of submitting a wrongful death claim. We can explain what can happen if you proceed with a lawsuit. Schedule a free case consultation with us.
For a free legal consultation, call (817) 775-5364
How a Mesquite Wrongful Death Lawsuit Works
In accordance with Texas Civil Practice & Remedies Code Section 16.003, you have two years from the date of a family member’s death to sue a liable party. A wrongful death lawyer in Mesquite determines your eligibility for filing a lawsuit.
In a lawsuit, you argue why you should be compensated for losses relating to your family member’s death. Your attorney explains the role of expert witnesses in your wrongful death case. They gather evidence to support your argument.
A judge or jury has a role in your wrongful death case. They can decide if you will receive damages and, if so, how much. Alternatively, the defendant can propose a settlement and, if you approve it, can close your case without a trial.
Mesquite Wrongful Death Lawyer Near Me (817) 775-5364
Compensation Available in a Wrongful Death Case
You can ask for economic and non-economic damages. A wrongful death attorney in Mesquite discusses both types of damages and when you could recover them. Reasons why a judge or jury awards damages include:
- Pain and suffering
- Loss of companionship
- Loss of income
- Emotional distress
- Burial and funeral expenses
Rarely are punitive damages awarded in wrongful death cases. These are provided to deter a liable party from committing acts of negligence in the future. Your lawyer can share information about what punitive damages are and how they apply to your case.
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How to Get Compensation in a Wrongful Death Lawsuit
Your evidence is crucial if you want to secure fair compensation. Proof comes in many forms, and your lawyer considers a wide range of evidence as they prepare your argument. Evidence that could help you in your wrongful death case includes:
- Witness statements
- Medical records
- Accident scene photos and videos
In the same way you collect proof, the defendant gathers evidence to disprove your case against them. Your lawyer accounts for the defendant’s argument. This helps your attorney find ways to make it clear that the defendant was negligent and should be held accountable for your losses.
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Proving Negligence in a Wrongful Death Case
Saying someone caused your family member’s death is insufficient if you want to obtain compensation from them. Your lawyer can teach you about negligence and its impact on your case. They focus on proving the following elements of negligence were present at the time your family member was killed:
- Duty of Care: The defendant had a legal obligation to act reasonably toward your family member and not do things that could put them in danger.
- Breach of Duty of Care: The defendant violated their legal obligation by committing acts that a reasonable person would consider to be reckless or careless.
- Causation: The defendant’s actions contributed to your family member’s death.
- Damages: You are dealing with losses because of the defendant’s actions.
Your lawyer wants the court to accept your argument and understand why awarding damages is warranted. Yet, a judge or jury could have doubts about whether your family member is partly responsible for their death. These doubts could prompt the court to award partial damages or no compensation at all.
The Role of Comparative Negligence in a Wrongful Death Case
Texas has a comparative negligence statute that can hurt your chances of getting full damages from anyone responsible for a family member’s death. This statute gives the court the right to award partial damages based on fault. If your late family member is 1-50% liable for their death, the court could offer a portion of the damages you initially sought.
For example, a judge or jury rules that the defendant in your wrongful death lawsuit is 80% responsible for your family member’s death. You receive 80% of the compensation you requested.
Now, look at what happens if the court finds your family member is more than 50% at fault for their death. In this situation, your late family member is more liable than anyone else. Therefore, the court may not award you damages.
Tips to Help with a Wrongful Death Case
Do not wait to request legal help. The statute of limitations gives you a short period for submitting a wrongful death claim. Once this window closes, you are solely responsible for all losses associated with your family member’s death.
Take care of yourself and give yourself grace as you go through the legal process. A wrongful death lawsuit can be emotionally taxing for you and your family. Seek professional counseling if you feel this could be beneficial, exercise, maintain a healthy diet, and do other things to help you feel your best.
If the defendant offers a settlement, review the proposal with your lawyer. Keep in mind that a settlement is not a legally binding pact until you approve it. If you want to see your case through to trial, you have the option to do just that, and your lawyer will assist you each step of the way.
Hire a Mesquite Wrongful Death Lawyer to Serve as Your Legal Representative and Advocate
The Texas Law Dog knows how challenging it is to submit a wrongful death claim. We offer legal services and support to those who are evaluating their legal options or are ready to file a wrongful death lawsuit. Request a free case consultation with us.
Call (817) 775-5364 or complete a Free Case Evaluation form