Arlington Wrongful Death Lawyer
Wrongful death cases occur when the negligence or misconduct of another individual, company, or entity causes a person’s death. These cases can be complex and emotionally challenging for the surviving family members, who often face significant financial and emotional burdens due to their loved one’s untimely death.
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Importance of hiring an experienced Arlington wrongful death lawyer
Navigating the intricacies of a wrongful death claim requires an experienced and knowledgeable personal injury attorney who is well-versed in Texas wrongful death laws. An experienced Arlington wrongful death lawyer can help the surviving family members understand their rights, gather the necessary evidence to build a strong case and fight for the compensation they deserve.
Allbee Law Firm is a personal injury and wrongful death law firm in Arlington, Texas. We limit our practice to helping personal injury and wrongful death victims. With a skilled and compassionate legal team, Allbee Law Firm is dedicated to providing personalized legal services and helping seek justice for the families of wrongful death victims. To schedule a free consultation, contact Allbee Law Firm at (817) 244-6453.
What is considered a wrongful death?
The Burden Of Proof
A wrongful death is a death that occurs due to a business or person’s negligence, carelessness, or intentional actions of another individual, company, or entity. In legal terms, a wrongful death claim is a civil action brought by the surviving family members of the deceased to recover compensation for their losses and damages.
Examples of wrongful death cases
Wrongful death cases can arise from various situations, including but not limited to the following:
Car Accidents, Truck Accidents, And Motorcycle Accidents
When a driver’s negligence or reckless behavior causes a fatal accident.
When a healthcare professional fails to provide an adequate standard of care results in the death of a patient.
When an employer’s negligence or failure to adhere to safety regulations leads to a worker’s death.
When a defective product causes a fatality due to a manufacturing error, design flaw, or inadequate warning.
When a property owner’s negligence leads to a fatal accident, such as a slip and fall or drowning in an unsecured swimming pool. Intentional acts When someone intentionally causes the death of another person, such as in cases of assault or homicide.
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Who can sue for wrongful death in Texas?
In Texas, the following people are eligible to file wrongful death lawsuits after losing a loved one:
The deceased person’s surviving spouse can file a wrongful death claim to seek financial compensation for their loss.
Both biological and legally adopted children of the deceased person have the right to bring a wrongful death suit.
The deceased’s parents, including adoptive parents, can also file a wrongful death claim to recover compensation for damages.
Exceptions And Limitations
There are certain exceptions and limitations to be aware of when it comes to filing a wrongful death claim in Texas:
Siblings, grandparents, and other relatives are not eligible to file wrongful death lawsuits under Texas law.
If the eligible parties don’t file a wrongful death claim within three months of the death, the personal representative of the deceased or the executor of the deceased person’s estate may file the lawsuit.
In cases where the deceased’s death was caused by their own criminal actions or intentional wrongdoing, a wrongful death claim may not be viable.
Texas follows a modified comparative fault rule. This means that if the deceased person is found to be partially at fault for their own death, the wrongful death compensation awarded to the surviving family members may be reduced in proportion to the deceased’s percentage of fault.
Arlington Wrongful Death Lawyer FAQs
There are exceptions to the standard two-year statute of limitations for wrongful death cases in Texas, such as the discovery rule, the tolling of the statute of limitations for minor children, and fraudulent concealment by the defendant.
According to Texas law, siblings and certain family members (such as grandparents, aunts, or uncles) generally do not have the legal standing to file civil lawsuits for wrongful death. Only the surviving spouse, children, and parents of the deceased person are eligible to file such a claim.
Economic damages in a wrongful death lawsuit are intended to compensate the surviving family members for their financial losses due to their loved one’s death. These may include:
Compensation for any medical expenses incurred due to the deceased person’s final illness or injury, such as hospital bills, medications, and treatments.
Loss Of Income
Compensation for the financial support the deceased would have provided to their family had they lived, including lost wages, benefits, and future earning potential.
Non-economic damages are meant to compensate the surviving family members for the non-financial, intangible losses they have experienced due to their loved one’s death. These may include:
Loss Of Companionship
Compensation for the loss of love, companionship, guidance, and support that the deceased person provided to their family members.
Compensation for the mental anguish, grief, and emotional pain suffered by the family members due to their loved one’s wrongful death.
In some cases, punitive damages may be awarded in a wrongful death lawsuit. Punitive damages are not intended to compensate the family for their losses but rather to punish the defendant for their egregious behavior and deter similar conduct in the future. Punitive damages may be awarded in cases where the defendant’s actions were particularly reckless, malicious, or intentional.
The evidence necessary to build a solid wrongful death case may include police reports, medical records, witness statements, expert testimony, and any other documentation or information that helps establish the at-fault party’s negligence, recklessness, or intentional actions, as well as the resulting damages to the surviving family members.
Wrongful death settlement amounts in Texas are determined based on various factors, such as the deceased person’s age, earning capacity, the nature of the relationship with the surviving family members, the severity of the defendant’s conduct, and the specific damages suffered by the family, including economic and non-economic losses.
Yes, a wrongful death lawsuit can be filed even if there is an ongoing or completed criminal case related to the same incident. Wrongful death claims are civil lawsuits, which are separate from criminal proceedings and have different standards of proof and objectives.
Yes, the immediate family members can potentially claim wrongful death and survival action damages in Texas. While wrongful death damages compensate the surviving family members for their losses, survival action damages compensate the deceased person’s estate for the losses they would have been entitled to if they had lived.
To protect their rights in a wrongful death case, a survivor should consult with an experienced Arlingto wrongful death attorney, gather and preserve all relevant evidence, comply with the statute of limitations, and actively participate in the legal process, including settlement negotiations or trial proceedings.
Statute of Limitations
In Texas, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased person’s death. This means the eligible family members must initiate legal action within this time frame to preserve their right to seek compensation for their loss.
Exceptions To The Statute of Limitations
There are certain exceptions to the standard two-year statute of limitations for wrongful death cases in Texas. These exceptions may extend or shorten the time frame in which a lawsuit must be filed:
If the cause of the wrongful death was not immediately apparent, the discovery rule may apply, and the statute of limitations begins to run from the date the cause of death was discovered or reasonably should have been discovered.
If the eligible family member is a minor child, the statute of limitations may be tolled (paused) until the child reaches the age of 18. At that point, the child typically has two years to file the wrongful death lawsuit.
If the defendant intentionally concealed their involvement in the wrongful death, the statute of limitations may be extended to allow the family more time to file a lawsuit once the fraud is discovered.
Due to the complexity of these exceptions and the importance of filing within the appropriate time frame, it is highly recommended that families consult with an Arlington wrongful death lawyer as soon as possible after the death of a loved one.
The length of a wrongful death lawsuit in Texas can vary depending on several factors, including:
1 – Complexity of The Case
Cases involving multiple defendants, complicated legal issues, or extensive evidence may take longer to resolve.
2 – Availability of Evidence
Gathering the necessary evidence to prove a wrongful death claim can be time-consuming, especially if witnesses are difficult to locate or records are hard to obtain.
3 – Court Schedules And Delays
The court’s calendar and any delays in the legal process can impact the overall duration of the lawsuit.
4 – Settlement Negotiations
Many wrongful death cases are resolved through settlement negotiations, which can either shorten or lengthen the duration of the case, depending on the willingness of the parties to reach an agreement.
5 – Appeals
If either party appeals a court decision, the lawsuit can be extended by several months or even years.
Importance of Timely Legal Action
While wrongful death lawsuits can be time-consuming, it is crucial for surviving family members to take timely legal action. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death, meaning that the family must file the lawsuit within that time frame.
Failing to file within the statute of limitations can result in the loss of the right to seek compensation. By working with an experienced Arlington wrongful death lawyer, families can ensure that their case is filed on time and that all necessary steps are taken to maximize the chances of a successful outcome.
How do you prove wrongful death in Texas?
Establishing negligence To win a wrongful death claim in Texas, the plaintiff must present evidence that the defendant’s negligence, recklessness, or intentional actions caused the death of their loved one.
Elements Of Negligence
A plaintiff must have evidence of four essential elements of negligence to win a wrongful death claim:
1. Duty Of Care
The plaintiff must prove that the defendant owed a duty of care to the deceased. This duty can vary depending on the relationship between the parties and the specific circumstances of the case. For example, a driver owes a duty of care to other road users, while a doctor owes a duty of care to their patients.
2. Breach Of Duty
The plaintiff must demonstrate that the defendant breached their duty of care by acting negligently, recklessly, or intentionally. A breached duty can include actions such as driving under the influence, failing to adhere to safety regulations, or providing substandard medical care.
The plaintiff must establish that the defendant’s breach of duty was the direct and proximate cause of the deceased’s death. Causation involves proving that the death would not have occurred if the defendant had not breached their duty of care.
Finally, the plaintiff must prove that the wrongful death resulted in actual damages, such as funeral expenses, loss of financial support, and emotional suffering. These damages must be quantifiable and directly related to the death to receive monetary compensation.
Who gets the money from a wrongful death settlement in Texas?
In Texas, the funds from a wrongful death settlement are distributed among eligible family members, such as the surviving spouse, children, and parents.
The distribution of these funds is typically based on the proportion of each family member’s financial and emotional losses resulting from the wrongful death. In some cases, the court may provide specific guidance on allocating funds among the eligible parties.
Importance of seeking legal help for a wrongful death claim
Dealing with losing a loved one due to wrongful death is an incredibly difficult and emotional experience. Seeking the help of an experienced Arlington wrongful death lawyer is crucial to ensure that your rights are protected and you receive the compensation you deserve for your loss.
A skilled wrongful death lawyer can help you through the complex legal process, gather evidence, negotiate settlements, and represent your interests in court.
Schedule a free consultation with an Arlington wrongful death Attorney
If you have lost a loved one due to wrongful death, contact Allbee Law Firm for compassionate and dedicated legal representation. Our team is committed to fighting for the justice and compensation you deserve.
To discuss your case and learn more about your legal options, contact Allbee Law Firm at (817) 244-6453 and schedule a free, no-obligation consultation with one of our knowledgeable Arlington wrongful death lawyers. We are here to help you and your family through this challenging time.