No one wants to turn a loved one’s tragic death into a legal matter. Unfortunately, sometimes life’s circumstances require you to consider bringing a wrongful death lawsuit. If you suspect the death of your spouse, parent, or child was the consequence of someone else’s negligence, please contact the Hartley Law Firm today. A skilled Richardson wrongful death lawyer can help you get justice after another person’s negligence kills a loved one. Reach out to discuss your wrongful death case with an attorney.
How can an Attorney Help Me?
Your Richardson wrongful death attorney can hear your story and help you identify your legal options. The Hartley Law Firm legal team has extensive experience working with family members after fatal accidents. We are committed to holding those responsible for a loved one’s death financially accountable. Nothing can bring back a deceased loved one, but pursuing a Richardson wrongful death case can provide meaningful consolation. Obtaining compensation for the loss of a loved one allows family members to overcome the financial burdens they face after a tragic loss. Contact us today.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a claim family members bring against a person or corporation that has negligently caused the death of their loved one. Wrongful death can occur due to a wide range of catastrophic accidents, such as fatal motor vehicle accidents, unsafe products, on-the-job accidents, or deadly animal attacks. The purpose of a wrongful death claim is to hold the negligent person accountable. It also seeks to prevent the same conduct from injuring or killing others and compensates specifically defined relatives for the emotional suffering and financial losses resulting from losing their loved one.
Who Can Make a Wrongful Death Claim in a Richardson Wrongful Death Case?
Under Texas law, parents, children, and surviving spouses can bring a wrongful death claim. In Texas, surviving children, parents, and spouses have a three-month window to file a wrongful death suit following a loved one’s death. If they do not file a claim within the three-month window, the executor can file a wrongful death lawsuit on behalf of the spouse, children, and dependents. However, the family members can ask the administrator or executor not to file a claim.
What Is the Deadline to Bring a Wrongful Death Claim in a Richardson Wrongful Death Case?
Under Texas law, a two-year statute of limitations begins to run from the date of the wrongful death. You must file your lawsuit before the expiration of the statute of limitations, or you lose the right to seek compensation. There are limited circumstances that may extend the time you have to file (or shorten it). An attorney can help you determine if any of these circumstances apply to you.
Compensation Available for Wrongful Death
When a spouse, parent, or child dies tragically, the decedent’s family suffers unbearable grief. The loss compounds when the decedent was the household’s primary wage earner and their salary covered household expenses. When the immediate family relies on the decedent’s salary to pay the mortgage, car payments, health insurance premiums, groceries, and tuition, the family faces a direct and immediate economic loss.
A wrongful death lawsuit allows for a range of damages. Some of the damages available include:
- Loss of past and future income;
- Loss of past and future household services and assistance;
- Loss of society, companionship, and consortium; and
- Mental anguish and emotional distress suffered by the loss of a loved one.
Punitive damages are also available if the defendant’s willful act, omission, or gross negligence caused the wrongful death.
Survival Action
Texas law distinguishes between wrongful death and survival actions. A survival claim is a cause of action to obtain compensation for the decedent’s personal injury. Under the Texas survival statute, the victim’s death doesn’t extinguish a personal injury claim. Instead, the personal injury claim lives on. It passes to the victim’s heirs, legal representatives, and estate. The injuries can, but do not have to be, the cause of death. A survival claim allows individuals to collect damages such as funeral expenses, lost wages, and medical bills.
Hiring a Wrongful Death Attorney
Hiring a wrongful death attorney after someone negligently causes the death of a loved one is a wise choice. A Richardson wrongful death attorney can guide you through the process and develop the best legal strategy. Your attorney can determine whether to file a single or multiple lawsuits and identify all negligent parties.
Choose an Experienced Richardson Wrongful Death Lawyer
The Hartley Law Firm is a client-centered firm focused on providing each client with personalized attention and complete dedication to each case. We don’t chase volume but instead seek the best outcome for every client. Our award-winning team is committed to seeking justice for your devastating loss.
Once engaged, we go to work handling every aspect of your case. We are fully prepared to take your case to trial if we cannot reach a favorable settlement. Recognized for excellence in personal injury work, we can provide meaningful legal guidance. We would be honored to take on the role of a zealous advocate in your Richardson wrongful death case. Use our experience, skill, and cutting-edge technology to your advantage. Contact us for your free case consultation.
