Losing a family member is devastating. You have no idea how you will remain emotionally and financially stable after the loss of your loved one. If someone else is responsible for your family member’s death, hold them accountable. Speak with a compassionate and empathetic wrongful death lawyer in Midlothian. They can explain your legal options in detail.
The Texas Law Dog understands how difficult it is to lose a family member. If you want to take legal action against anyone who contributed to your family member’s death, we can help. We have obtained millions of dollars in compensatory damages for our clients.
Trust us to help you with your wrongful death. Talk with a Midlothian personal injury lawyer from our team.
Why You Need Legal Representation in a Wrongful Death Case
A wrongful death attorney in Midlothian understands the challenges you will face as you deal with the aftermath of a family member’s death. They want you to take care of yourself while they handle your legal matters. If warranted, they will represent you in your case against anyone responsible for the loss of your loved one.
Your lawyer shares FAQs and other resources. They teach you about the legal process and what it entails. Your attorney builds an argument that will resonate with a judge or jury. At the same time, they can negotiate a settlement on your behalf. If no agreement is reached, your lawyer can take your case to trial.
The Texas Law Dog provides insights into how to handle a wrongful death claim. We help you make informed legal decisions. Along with this, we provide emotional support during your litigation. If you have concerns or questions at any point, we will address them promptly. Contact us today for more information.
Who Can File a Wrongful Death Claim in Midlothian?
In Texas, the surviving spouse, child, or parent of a deceased person (decedent) may file a wrongful death claim. Or, there are times when a personal representative may submit a claim following an individual’s death. This representative may be an executor or administrator of the decedent’s will.
Based on the Texas Civil Practice and Remedies Code Section 16.003, you may have two years from the date of someone’s death to submit a wrongful death claim. This time frame may not be extended. As such, you may want to partner with a Midlothian wrongful death lawyer right away. This ensures your claim is submitted before the window in which you can do so closes.
Who you choose as your legal representation impacts your case outcome. For example, if a family member is killed in a car crash caused by a distracted driver, consult with a Midlothian car accident lawyer. If you hire this attorney, you will have access to a legal representative who knows what to do to get you compensation from this motorist or their auto insurance company.
Midlothian Wrongful Death Lawyer Near Me (817) 775-5364
How Much a Wrongful Death Case Is Worth
The compensation you receive in your wrongful death case depends on your losses. Your lawyer will calculate your losses. They may encourage you to ask for economic and non-economic damages for many reasons, such as:
- Medical bills
- Lost wages
- Loss of consortium
- Loss of companionship
- Burial and funeral expenses
If you file a lawsuit, you may not have to go to trial. A liable party may propose a settlement prior to your trial date. You can review a settlement offer with your lawyer, which may help you decide if it is in your best interests to accept it. If you decline an offer, you can continue with your litigation, and your attorney will try to prove to a judge or jury that a liable party was negligent.
How to Prove Negligence in a Wrongful Death Case
Your lawyer may use witness statements, medical records, accident scene photos, and other evidence to illustrate to a judge or jury that a liable party acted negligently and should have to compensate you for your losses. They want to highlight that the following elements of negligence were present relative to your case:
Duty of Care
Your attorney may describe how the defendant has a duty of care, which is a legal obligation to avoid any acts that could cause harm to others. They want the court to see that the defendant was obligated to do things to avoid putting people in danger.
Breach of Duty of Care
The defendant breaches their duty of care by committing a careless or reckless act. For instance, a trucker is driving their vehicle while intoxicated. They slam their truck into your family member’s car, and your loved one is killed. Your lawyer can provide details to the court about how this trucker violated their duty of care.
Causation
Your accident is the result of the defendant’s decision to breach their duty of care. To validate this point, your lawyer may use a wide range of evidence that shows the correlation between the defendant’s breach of their duty of care and your loved one’s death.
Damages
You have incurred losses because of the defendant’s actions. As your attorney presents your case to a judge or jury, they want to make it clear that you are dealing with quantifiable and subjective losses. If their argument is successful, a judge or jury may be inclined to award damages.
Per the Texas Civil Practice and Remedies Code Section 33.001, proportionate responsibility can affect your case outcome. If your late family member is 1-50% responsible for an incident that leads to their death, your damages may be reduced proportionately by their percentage of fault. In a situation where your late loved one is primarily at fault, you may not receive damages.
Ask for Legal Help with a Wrongful Death Case
The Texas Law Dog offers legal guidance and support to those who have lost a family member due to someone else’s actions. Our Midlothian wrongful death attorneys can assess your case and let you know if you have grounds for legal action against anyone responsible for your loved one’s death. To learn more, schedule a free case consultation with us.
