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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: