A wrongful death is any death that results from someone else’s negligence, carelessness, or wrongful act. After a wrongful death, surviving loved ones are often plagued with unexpected financial stresses in addition to shocking and overwhelming grief.
If someone you love was killed due to another party’s negligence or an intentional act, you might be eligible to seek answers, justice, and financial compensation. Although money could never make up for your loss, rightful compensation could allow you and your family the time and space needed to cope and support each other without worrying about additional financial strain.
The Arlington wrongful death attorneys of Tate Law Offices, P.C. are here to help you seek justice. Contact us today to learn more in a free consultation.
How an Arlington Wrongful Death Attorney Can Help
There are differences between wrongful death claims and survivor claims and we will be glad to explain those to you. For purposes of this article, we will at times refer to wrongful death claims to include survivor claims. Wrongful death claims tend to be complex and emotionally difficult, so it’s usually in your best interest to hire a knowledgeable attorney for assistance. A Texas wrongful death lawyer can help you by:- Explaining your legal rights and options
- Determining who is legally eligible to file a claim
- Estimating the potential value of your claim
- Communicating with other parties on your behalf
- Identifying and preserving useful supporting evidence
- Negotiating for a full and fair settlement
How Do You File a Wrongful Death Case in Arlington, TX?
If your loved one suffered a wrongful death in Arlington, TX, we can help you by:- Gathering as much information as possible from the at-fault party, including their insurance and contact details.
- Collecting supporting evidence for your claim, such as witness statements, video footage of the incident, and your loved one’s medical records.
- Keeping track of any expenses you incur due to your loved one’s wrongful death, such as medical bills, final care costs, and reductions in household income.
- Seeking an out-of-court settlement or filing suit against the at fault party to collect the compensation you deserve.
Who Can File a Claim for Wrongful Death in Arlington, TX?
Only certain people are eligible to file a wrongful death claim in Texas. According to Texas wrongful death law, the following individuals can file a claim:- Surviving spouses, biological children, and parents of the wrongful death victim.
- Adopted children of the wrongful death victim. Adopted children are typically prohibited from filing wrongful death claims in the event of the death of a biological parent.
- Adoptive parents of children who suffer a wrongful death.
- An executor or administrator of the victim’s estate. These individuals are typically named in a person’s will or appointed by the court.
What Do You Have to Prove in a Wrongful Death Claim in Texas?
To recover compensation in a Texas wrongful death claim, you must be able to demonstrate three key elements:- The at-fault party was negligent – This could be negligence in the form of unsafe driving behavior, poor property maintenance, medical malpractice, or irresponsible business practices, for example.
- Their negligence was a contributing factor in your loved one’s death – You must provide evidence to demonstrate that the at-fault party’s negligence directly contributed to the death of your loved one.
- You suffered damages – You must also show that you incurred losses, such as funeral and burial cost, loss of income, mental anguish, etc. due to your loved one’s wrongful death.
What Damages Are Recoverable in a Texas Wrongful Death and Survivor Case?
Texas wrongful death and survivor damages for which surviving loved ones or the estate could recover compensation include:- Medical expenses – The cost of any medical care your loved one received to treat their fatal injury or illness before their untimely death.
- Funeral, burial, cremation costs – Costs of your loved one’s final care and reasonable expenses related to their funeral, burial, or cremation.
- Loss of the deceased’s earning capacity – The immediate loss of your loved one’s wages and benefits, as well as the estimated costs of wages and benefits they were likely to earn if they had survived.
- Loss of inheritance – The estimated costs of any money the deceased likely would have saved and distributed to loved ones over the course of their normal life expectancy.
- Loss of care, companionship, and society – The subjective costs of the lost maintenance, care, guidance, services, and advice your loved one could have provided.
- Pain, suffering, and mental anguish – The subjective costs of the pain and suffering your loved one endured before they died, as well as the mental anguish you experienced as a result of your loss.
- Punitive damages – If the at-fault party was extremely reckless or intentionally malicious, punitive damages could be awarded to compensate you, punish the wrongdoer, and discourage similar behavior in the future.
