When you unexpectedly lose a spouse or close relative, your emotional trauma can be compounded if you find out that your loved one died because of an avoidable accident. Money cannot replace the person you lost but getting compensation from the at-fault person could help with funeral expenses and your other financial losses.
When you work with a Carrollton Wrongful Death lawyer on your claim or lawsuit, you get to devote your attention to your family and yourself while we take care of your legal matters. We treat our clients with respect and compassion while aggressively going after the compensation they deserve for the tragic loss of their loved one.
Who Can Pursue a Wrongful Death Claim in Texas?
Texas Civil Practice and Remedies Code § 71.004 says that only the surviving spouse, children, and parents of the person who was the victim of a wrongful death can pursue monetary damages for their losses. They can let the executor or administrator of the estate of the decedent file and handle the wrongful death action. Either way, only the legal beneficiaries can receive the proceeds of a wrongful death lawsuit or claim in Texas.
Other relatives like the decedent’s siblings, nieces, nephews, and cousins do not have authority under Texas law to go after the at-fault party for the loss of their loved one. Our attorneys can answer any questions you have about who may be eligible to file in your situation.
For a free legal consultation with a wrongful death lawyer serving Carrollton, call (972) 535-6377
How to Find Out If Your Loved One’s Loss Was a Wrongful Death
When a person dies of natural causes, the survivors do not have a claim for wrongful death. Under Texas law, a wrongful death is when someone dies because of the wrongful act of someone else. That wrongful act could be negligence, neglect, the failure to act when required, abuse, or some other wrongful intentional act.
Sometimes people mistakenly think that when their loved one died at the hands of a criminal, the only remedy available is the criminal case. In fact, if someone else’s accidental or intentional act took the life of your loved one prematurely, it does not matter whether criminal charges get filed or not. Your right to go after money damages for your losses is independent of any potential criminal case. In this instance, we would be filing a civil suit.
Your attorneys can answer any questions you have about the difference between criminal prosecution and civil action, and how each of these types of legal proceedings may impact your pursuit for compensation.
Carrollton Wrongful Death Lawyer Near Me (972) 535-6377
Recoverable Compensation for Wrongful Death in Texas
When the jury finds that the defendant is responsible for the wrongful death of the decedent, the jury can award to the legal beneficiaries the actual losses caused by the untimely death. Actual damages in Texas wrongful death cases could include things like:
- The funeral and burial expenses
- Loss of the decedent’s financial support, earning capacity, and inheritance
- Loss of the affection, comfort, and companionship of the deceased person
- Loss of the care and services the decedent provided for the family
- Loss of the deceased person’s guidance, advice, and counsel
- The emotional suffering of the surviving loved ones
Exemplary damages, also called punitive damages, are allowed in addition to the actual damages when the jury finds that the injury to the decedent happened because of an intentional act, gross negligence, or a willful failure to act. Punitive damages are rare in many personal injury cases, but we can see if your loved one’s passing could potentially qualify for this type of payment.
Common Causes of Wrongful Death
Whether by carelessness or an intentional act, there is likely no limit to the kinds of situations that could lead to someone’s wrongful death. Here are some examples of things that can cause fatal injuries that result in wrongful death claims:
Motor Vehicle Accidents
One of the most common circumstances in which someone suffers an untimely death is a motor vehicle accident. This category can include:
- Car accidents
- Truck accidents
- Plane accidents
- Bus accidents
- Train accidents
- Boat accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
Road rage can lead to fatal consequences, as can careless conduct like speeding or driving while under the influence of alcohol. Behaviors like these are considered recklessness. Our attorneys will use evidence of the responsible party’s behavior to demonstrate their liability for your family’s losses.
Medical malpractice causes the deaths of thousands of people in our country annually. Surgical errors, medication mistakes, and infections that develop from being in the hospital are some examples of preventable harm that can be fatal.
Slip and Fall Accidents
Slip and fall accidents take more lives than many people realize. If the person gets a severe head injury or damages the spinal cord, they might not survive their wounds.
Nursing Home Abuse and Neglect
Failing to provide adequate care and attention in a nursing home can be neglect. In extreme cases, this neglect can cause the death of a resident.
Premises Liability Accidents
Some wrongful deaths are the result of a hazardous premises. Assault, domestic violence, and robbery may occur in places that have negligent security or other dangerous conditions that increase the odds of intentional harm.
There are many other ways that one can die at the hands of another person through accidental or intentional wrongful conduct.
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Do Not Miss the Filing Deadline for Your Wrongful Death Case
You only have two years to file a wrongful death lawsuit in Texas, according to Texas Civil Practice and Remedies Code § 16.003. If you miss the deadline, the law will forever bar you from holding the defendant accountable for the loss of your loved one.
Merely negotiating with the defendant’s liability insurance carrier does not satisfy the two-year statute of limitations. If the case does not settle before the deadline, your lawyers will need to file an actual lawsuit.
Why We Are a Good Choice to Handle Your Wrongful Death Claim
You do not have to take our word for it that we are the right law firm to handle your wrongful death claim. Here are a few examples of what our clients have said about us in their posted reviews:
- “I am so glad I hired Underwood law firm. They were so professional and friendly. I would highly recommend anyone to hire them. I got what I was after because of them.”
- “Mr. Underwood and his staff were very supportive. He worked hard and made sure that I received the best offer for my settlement. I would recommend him and his team to friends and family. I once again thank you for your services.”
- “I would like to tell Mr. Underwood that you are the best Lawyer on the planet.”
When you have suffered a tragic loss like the wrongful death of a loved one, you deserve a Carrollton wrongful death lawyer who will care about what happens to you and fight tirelessly to get you the compensation that you and your family deserve.
Reach Out to Secure the Help of Our Wrongful Death Attorneys
You can call the Underwood Law Office today for a free initial consultation. We handle wrongful death cases on a contingency fee basis, which means that you do not pay any upfront legal fees. We do not get paid until you win.