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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 surviving family members. 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 someone or an entity in Dallas-Fort Worth or 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 burden caused by a wrongful death. While no amount of money can compensate for the loss of your loved one, it may relieve the financial burden your family member’s death has caused. The wrongful death attorneys at Tate Law Offices, P.C. will evaluate your wrongful death case and make every effort to get you the compensation to which you may be entitled.
If your loved one’s death was caused by negligence or a deliberate act of someone else, you may be able to sue for wrongful death. There may be grounds for a civil lawsuit to recover compensation. Monetary compensation can help surviving family members deal with expenses brought on by the death, such as funeral expenses, lost wages, and medical bills.
If your family member tragically died in a fatal accident, you are likely facing insurmountable grief, coupled with unexpected financial expenses. To ease this burden, you may be able to file a wrongful death claim. You’ll want to contact an experienced injury attorney to help you navigate the process. They will help you determine if you have a case and walk you through the process.
A wrongful death claim may be filed by eligible family members. In Texas, the law allows the victim’s surviving spouse, children, and parents have the right to bring a wrongful death claim. If they have not filed within three months, the deceased’s representative of their estate may file a lawsuit instead. However, this can only be done if none of the surviving family members file a claim within the time limit.
Texas generally requires a wrongful death suit to be filed within two years of the death. However, there may be times when you have more or less time to file the claim. That’s why it’s important to consult with a injury lawyer in Dallas-Fort Worth or anywhere Texas as soon as you learn the death occurred.
In Texas, certain surviving family members may recover damages from the person or entity responsible for the fatality. In general, the victim’s 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.
Children of the deceased person may file a lawsuit in Texas to recover the following damages:
Spouse of the deceased person may file a lawsuit in Texas to recover the following damages:
Texas law also allows parents to file a lawsuit upon the wrongful death of their child for damages, including the following:
Pecuniary (financial) loss
Loss of advice and counsel
Loss of household and domestic services
Loss of maintenance, support, and reasonable contributions of pecuniary value
Loss of consortium
Loss of companionship and society
Bystander damages if the parents witnessed the event
In addition to wrongful death damages recoverable by certain family members, the deceased’s estate may be eligible to recover what is known as survival damages.
These damages can be passed on to the heirs of the estate, and they are as follows:
Let one of our personal injury lawyers review your case, explain your legal options, and answer all your questions in a free case evaluation.
A legal procedure where a plaintiff or a small group of plaintiffs act on behalf of a larger group or class of plaintiffs who have all suffered similar injuries or damages. A class action must have a common defendant or defendants. Class actions can arise from injuries that are physical or financial in nature (and less commonly, certain types of nuisances). These plaintiffs work together against the defendant(s) as a class in order to seek remedy for the entire group through a class-action lawsuit or a settlement resulting from negotiation prior to entering the courts. The final awarded compensation or settlement is then divided between the members of the class based on various criteria agreed upon by the class at large. Class actions are commonly utilized in product liability claims, defective vehicle claims and toxic torts.
If you’ve lost a loved one you may be exploring your legal options. If your loved one was involved in a situation such as a truck wreck or motor vehicle accident, a defective product injury, a toxic environment or other disaster, where negligence was involved, you may be able to seek remedy for your losses. You should immediately seek the advice of an experienced wrongful death attorney who practices in Texas or the state where you reside.
Wrongful death claims and survival actions are two very distinct forms of legal proceedings in terms of a death involving negligence. You may have grounds to pursue both forms of legal action in Texas. Tate Law Offices can help you better understand the differences between these two types of actions, and we’re here to help 24/7 should you wish to talk to an attorney about your case. Please call or text us us at 972-499-4813 or use our chat feature or contact form to get a free consultation regarding your wrongful death claim or survival action case
A surviving spouse, child or parent may file a wrongful death lawsuit in Texas courts to seek compensation for a deceased family member. This allows surviving relatives to be compensated for damages they have suffered due to a fatality involving a loved one. What kind of damages can a family collect for? Medical bills and expenses, funeral expenses, and loss of the deceased’s financial support and companionship.
A survival action aims to collect damages suffered by a victim prior to their death. This could include the cost of medical care, such as hospitalization, any losses due to property damage, pain, suffering, mental anguish and other potential damages that deserve compensation. Survival actions address damages similar to those a plaintiff might seek in a claim that does not involve a fatality. Any compensation obtained is placed into the estate of the deceased to be to dispersed. Therefore, the settlement or the amount of the awarded damages is not distributed directly to those family members surviving the deceased.
Family members may seek to collect compensation via both a survival action and wrongful death claim in the state of Texas, or may only be able to use one or the other, depending on the circumstances. On proper grounds a family can file both actions if the fatality was caused by a third party, the deceased incurred losses due to injury, and the surviving family members were also subject to damages.
The Statue of Limitations in Texas for wrongful death claims and survival actions is two years from the date of of the fatality. There may be exceptions to this, but these are best determined with the help of a qualified wrongful death attorney that practices in the state of Texas. An injury attorney can help you decide which kind of action applies to your claims and guide you through the details and process of filing a lawsuit is proper remedy is not possible through settlement negotiations with the defendant.