Wrongful Death Lawyer

In Texas, a “wrongful death” can occur when one person’s negligence or misconduct results in:

• When a person dies as the result of an accident, or when a fetus does not survive its birth alive.
• A case where the injury is the result of a “wrongful act, neglect, carelessness, unskillfulness, or default” committed by another person or entity.
• If the injured person had lived or been born alive, he or she would have been eligible to file a personal injury lawsuit.

(Tex. Civ. Prac. & Rem. Code §§ 71.001 to 71.003 (2021).)

A wrongful death claim is similar to a personal injury claim in which the injured individual is no longer able to pursue the case on their own behalf. A wrongful death lawsuit can be filed on the basis of a variety of events, including:

• negligence-based incidents (such as car accidents)
• medical malpractice, or
• intentional acts (including crimes).

Who Is Eligible to Bring a Wrongful Death Claim in Texas?

In Texas, the deceased person’s surviving spouse, children, and parents—or one or more of those individuals on behalf of them all—are qualified to bring a civil lawsuit in the state’s courts.

If the deceased person’s spouse, children, or parents do not file a lawsuit for wrongful death within three months of the date of death, the personal representative (also known as the “executor”) or administrator of the deceased person’s estate may submit it instead. Unless all surviving family members listed above specifically request that the wrongful death claim not be filed. (Tex. Civ. Prac. & Rem. Code § 71.004 (2021).)

What Types Of Damages Are Possible In A Texas Wrongful Death Case?

In a case alleging Texas wrong death, the plaintiffs’ claimed losses are paid to the deceased person’s surviving spouse, children, and parents for their suffering incurred as a result of the death. In a Texas wrongful death lawsuit, damages may include the following:

• lost earning capacity
• The deceased’s family members may be relieved of the burden of providing care, maintenance, services, support, advice, and counseling for many years to come.
• The surviving family’s grief and suffering over the death of a loved one
• lost love, companionship, comfort, and society, and
• lost inheritance, including what the deceased would likely have saved and left to surviving family members if he or she had lived.

Exemplary damages (sometimes called “punitive damages“) are permitted in a Texas wrongful death lawsuit, however they may only be awarded if the person’s death was caused by a “willful act or omission or gross negligence.” Exemplary damages are designed to serve as a deterrent for others who would choose to engage in similar conduct and not, as the name implies, compensate the family for their losses.

Get more information about the different types of damages that may be available in a wrongful death lawsuit, as well as access to the full text of wrongful death laws at Texas Personal Injury Lawyers.

Why Should I Hire A Wrongful Death Lawyer?

It’s difficult to bring a successful wrongful death lawsuit. An experienced and committed lawyer may be beneficial during this distressing period, especially if you’re new to taking legal action against another individual.

Here is a look at some of the key reasons you need one.

• You are Grieving the Loss

Claims for damages fall into several categories. Some are devoid of any emotional trauma, while others are the polar opposite. wrongful death claims are a type of damage claim that falls into the latter category. You must file your claim while continuing to grieve for an loved one who has died. It’s tempting to believe that pursuing a personal injury claim is an overwhelming and time-consuming experience. It might be difficult, but it doesn’t have to be this way. This can cause you a lot of stress, so let an attorney handle the legal hassles of preparing and filing your claim for you.

• You Don’t Know the Value of Your Claim

If you don’t know the highest amount your claim is worth, an insurance company or a responsible party can lowball you. In fact, insurers frequently use this tactic to provide a fast but inexpensive compensation. You won’t know whether the deal is fair unless you consult an attorney. The attorney will evaluate your case’s criteria and, based on that, supply a range of possible compensation amounts. This gives you confidence in your negotiations with the insurance company.

• You Don’t Have Experience in Negotiating with Insurers

Insurance adjusters and insurance companies are notorious for their strong negotiating skills. They have a variety of techniques at their disposal to get you to accept a low offer. It is only with the aid of an excellent attorney that you can respond to their empty challenges and negotiate on even terms.

• You Have No Money to Hire Legal Services

Many people believe that hiring an attorney for a wrongful death claim will be expensive right off the bat. However, the majority of attorneys who work on wrongful death claims charge a contingency fee. You are not obligated to pay anything up front in this type of contract. If your claim is successful and you receive the full settlement amount, you are not obligated to pay anything. You must then pay an attorney a percentage of damages only when your claim succeeds.

• Your Case May Go to Trial

Not all claims are resolved through negotiations. The at-fault party or the insurance company may decline your claim or propose a settlement that is insufficient to be proper. If you reach an impasse during negotiations, your only option is to file a wrongful death lawsuit. That is only possible with the assistance of an attorney who will go to trial, defend you in court, and fight for your rights.