Losing a loved one is never easy. In the midst of grieving, the last thing you want to think about is having to go through the legal process of filing a wrongful death lawsuit. Hiring an experienced Flower Mound wrongful death lawyer to handle all the details of your claim and provide support can help you find some sense of peace in this new normal. If your loved one died because of someone else’s actions, you deserve justice. Though no amount of monetary compensation can truly make up for your loss, it is the closest the legal system can get to making it right, and we want to ensure you receive every penny you are owed. Contact us today!
What Is Wrongful Death in Texas?
Not all states share the same definition of a wrongful death case. In Texas, wrongful death occurs when the injured person would have had the right to file a personal injury lawsuit if they had lived. This also applies in the case of an unborn fetus. This type of civil lawsuit may be filed against the party who is responsible for the death of your loved one. In some circumstances, it can be difficult to determine who was at fault. A knowledgeable wrongful death attorney can conduct an independent investigation into your case to gather evidence and make a decision on how to move your case forward. Common examples of wrongful death include:
- Negligence-based accidents like car accidents,
- Premise liability,
- Workplace accidents,
- Medical malpractice, and
- Intentional acts.
If the death of your loved one was the result of a crime, separate criminal charges may also apply. In this case, both a civil and a criminal case could be filed at the same time.
Who Can File a Wrongful Death Lawsuit in Texas?
Only a handful of people are permitted to file a wrongful death case in Texas when a loved one passes. These people include the decedent’s surviving spouse, children, and parents. Children must be adults to bring the claim and must be legally recognized as the children of the deceased. Siblings and other members of the estate or people named in the will are not permitted to bring a wrongful death claim.
If none of these surviving relatives files the suit within three months of the death, a personal representative of the estate may file the claim instead. A personal representative is a person who is handling the deceased’s affairs and may be an executor or administrator. The Texas wrongful death statute of limitations gives the representative two years to file the claim after the death of your loved one.
Wrongful Death Compensation
The death of a loved one can be incredibly painful, and the full effects of their absences may not even be felt immediately. If they were the financial provider or care provider for the family, surviving without their contributions may be difficult. You and your family are already grieving, and you should not have to also struggle because of someone else’s negligent actions.
Your Flower Mound wrongful death lawyer can help you gather evidence to prove the cause of death and determine the value of your case. Many survivors fail to understand what their case is truly worth, which can easily result in accepting an unfair settlement that does not meet the full value of their needs.
Here are some of the things that may be covered and should be taken into consideration when determining how much your wrongful death case is worth. These are all related to how the death has impacted the beneficiaries:
- Loss of future income,
- Loss of support and care,
- Funeral and burial expenses,
- Pain and suffering, and
- Cost of therapy to cope with the loss.
These may be different depending on your relationship with the decedent and their actual, provable impact on your everyday life.
What Is a Survival Action?
In many cases, your wrongful death lawyer may advise you to consider filing a survival action in conjunction with your wrongful death lawsuit. This is a claim that the decedent could have brought to collect personal injury damages had they survived. For example, if your loved one was in a car accident and in the hospital for weeks before they died, a survival action would ask for compensation that they would have been entitled to had they lived. This could include medical bills, loss of income, pain and suffering, emotional distress, and more. This compensation encompasses financial, physical, mental, and emotional suffering between the date of the injury and the date of death. A survival action may not be applicable if death was sudden.
Contact a Flower Mound Wrongful Death Lawyer
Seeking counsel from an experienced wrongful death attorney can make all the difference in your ability to receive a fair settlement that meets your financial needs and achieves some degree of justice for what you have been through. The team at Hartley Law Firm understands how difficult this time can be. By choosing to allow us to help, we can take care of the details of your wrongful death case so that you can focus on healing and learning how to navigate life without your loved one. It is also important to know that there are no upfront fees for service. We do not recover unless you do. Contact us today to schedule an appointment for your case consultation.