Ft. Worth Wrongful Death Lawyer
The death of a family member is one of life’s most painful experiences. If you have experienced a death in your family our thoughts and prayers go out to you. At Tate Law Offices, P.C., we understand how emotionally devastating a loved one’s death is for the survivors, and our Dallas personal injury attorneys can help you through this difficult time by taking care of the necessary legal actions following your family member’s death.
If your family member’s death was caused by a wrongful act of an individual or entity in Texas, you may be entitled to receive damages from the responsible parties. Texas wrongful death law allows certain surviving family members to recover damages to help lessen the financial burden caused by the unexpected loss of their loved one. While no amount of money can ever adequately compensate for this loss, a wrongful death claim may relieve some of the economic impact of your family member’s death. The wrongful death attorneys at Tate Law Offices, P.C., will evaluate your case and make every effort to get you the compensation to which you may be entitled. Contact us today for your free case review.
How Tate Law Offices, P.C., Can Help with Your Ft. Worth Wrongful Death Case or Survival Claim Lawsuit
Given the high stakes in a case involving death, insurance companies dispatch their adjusters, investigators, and attorneys to begin work on a wrongful death case within minutes or hours of a death. The sole goal of the insurance companies is to develop evidence that they can use to deny payment of compensation to the survivors and the estate. Therefore, it is extremely important to contact the Dallas wrongful death attorneys at Tate Law Offices, P.C., in Dallas as soon as possible.
In order to build a strong wrongful death and survival case our experienced Texas wrongful death case lawyers will:
- Quickly secure the evidence.
- Obtain witness affidavits.
- Take photographs.
- Download available black box data from vehicles involved in the accident.
- Have an accident reconstruction expert determine the factors that contributed to the accident, if necessary.
- Send letters to safeguard against the destruction or modification of any of the vehicles or other evidence.
- Hire an economist after the initial evidence is obtained to calculate the financial loss the family will incur due to the death.
- Assist the estate with making a wrongful death claim and/or survival claim and transferring assets to the heirs.
At Tate Law Offices, P.C., our wrongful death lawyers thoroughly understand the technical, medical, and legal aspects of Texas wrongful death and survival cases. We will fight to recover damages owed to you in order to help you begin healing from your devastating loss. In addition to the emotional effects of a loved one’s death, we understand the financial stresses you may be under after the death of your family member and will work to ease this burden.
Therefore, our Texas wrongful death case lawyers will provide a no cost evaluation of your case. Additionally, we will not charge you any legal fees unless we recover damages from your wrongful death case. Contact us to arrange a meeting with one of our experienced and caring attorneys.
What Is Wrongful Death?
In Texas, when a person is killed due to the negligence or willful act of another, it may be considered a wrongful death case. Specifically, Texas’ wrongful death law says that a person is responsible for the damages resulting from a death caused by their “wrongful act, neglect, carelessness, unskillfulness, or default.” Employers are responsible for the actions of their employees, so if an employee causes the death of another person while working, the employer may be held financially responsible for the resulting damages.
Common reasons for wrongful death claims involve incidents such as:
- Motor vehicle accidents
- Acts of medical malpractice or negligence
- Pedestrian accidents
- Bicyclist accidents
- Defective product incidents
- Workplace negligence incidents
After a wrongful death in Texas, the surviving family members may be eligible for damages through a wrongful death lawsuit. The objective of a wrongful death lawsuit is to recover damages to compensate surviving family members for losses suffered due to the wrongful death. Texas wrongful death law allows damages to be recovered for various financial and emotional losses. At Tate Law Offices, P.C., our wrongful death attorneys work to help maximize your case value so you can focus on your family during this difficult time.
Who Can Recover Damages from Wrongful Death Cases in Ft. Worth?
In Dallas, Fort Worth, and throughout the State of Texas, certain surviving family members may recover damages from the person or entity responsible for a wrongful death. In general, the surviving spouse, children, or parents of the deceased person may recover damages in a wrongful death case. The types of damages recovered depend upon the relationship between the deceased person and the survivors.
What Damages Could You Get After a Fatal Accident?
The specific types of damages you could receive after a fatal accident depend on your relationship to the victim and the circumstances surrounding your claim.
Texas law allows the surviving spouse, children, and parents of the deceased to pursue compensation for two broad categories of damages. The first category is for damages that the family personally incurred because of the death. The second category is for damages the decedent personally suffered because of the accident. In this manner, the family members can seek recovery for the personal injury damages their loved one would have been able to pursue had he or she survived the accident.
Damages that the family may be able to recover compensation for in a wrongful death case in Texas include:
- Lost earning capacity
- Lost inheritance
- Lost support and care
- Loss of household and domestic services
- Loss of companionship, society, comfort, and love
- Emotional and mental pain and suffering suffered by survivors
- Medical expenses
- Lost wages
- Funeral and burial expenses
- Pain and suffering of the decedent
Texas’ wrongful death law also specifically provides for exemplary or punitive damages when the death is caused by gross negligence or an intentional act. These damages are meant to punish the defendant for particularly egregious conduct that cannot be accepted by society.
How Much Is My Texas Wrongful Death Claim Worth?
The potential value of your case depends on a number of factors, including:
- The type and value of wrongful death damages you are claiming
- The decedent’s age
- The decedent’s profession, occupation, and earning potential
- The decedent’s life expectancy
- Whether the defendant’s conduct was particularly egregious
Because every wrongful death case is different, it is important to consult a knowledgeable Ft. Worth wrongful death attorney to get a better idea about the potential value of your claim.
Filing a Wrongful Death Claim in Texas
Many wrongful death cases start the same way: You notify the responsible party of the death and why they are legally liable for the damages you have sustained. If the defendant has an insurance company, you and your attorney may first try to negotiate a fair settlement, based on the particular circumstances involved in your claim. If that does not work, you might consider filing a wrongful death lawsuit.
If the surviving spouse, children, and parents do not file a wrongful death lawsuit within three months of the death, the executor or administrator of the decedent’s estate must take this legal action unless all of the surviving family members who have a right to make a claim instructed them not to.
The complaint will set out the basic facts of the case, including:
- The decedent’s identity
- The relationship between the person filing the lawsuit and the decedent
- The facts surrounding your loved one’s death
- Information about the residence of the decedent and defendant
- The reasons why the defendant is legally responsible for the death
- The damages you and any other claimants have suffered
You only have a limited amount of time to file a wrongful death lawsuit in Texas, so do not delay.
Wrongful Death Statute of Limitations in Texas
Each state has what is known as the “statute of limitations” for different causes of action. This is the time limit that you have to take certain legal action, such as filing a lawsuit. If you pass the deadline, your case can be dismissed because it is time-barred.
The wrongful death statute of limitations in Texas is generally two years from the decedent’s death. This means that, in most cases, you only have two years from your loved one’s death to file a wrongful death action. However, there are some circumstances when you may have more or less time than this, so it is best to talk to a knowledgeable Ft. Worth wrongful death lawyer to know what the time limit is for your case.
Contact a Fort Worth Wrongful Death Lawyer for Assistance with Your Wrongful Death Claim
Nothing is harder than dealing with the sudden death of your loved one. This can be even more difficult if someone’s carelessness or recklessness caused your loved one’s death. At Tate Law Offices, P.C., our legal team is dedicated to helping you seek the justice you and your family deserve. While no amount of compensation can ever replace your loved one, a successful wrongful death claim may be able to ease some of the financial burden.
Our firm has an impressive 99% success rate. We have won over 3,000 cases. Because we work on a contingency fee, we do not charge any attorney fees unless and until we recover compensation on your behalf. This means you have nothing to lose by reaching out to us and learning more about your legal rights and options. Contact us today for your free case review.