What is a Valid Wrongful Death Claim in Texas, How is it Applied and What are Your Options?

Without a clear understanding of the law, many people in your situation may not be fully aware of whether or not they may be able to seek legal action against a negligent party through a wrongful death lawsuit. So, to begin at the beginning, here is a list of basic conditions that must have existed, or may have existed, in order for you and your family can pursue a wrongful death lawsuit:

Your loved one must have died as a result of the negligent behavior of another person or entity (like a company). This negligent behavior could have been the direct cause – or in legal terms – the proximate cause of the fatal accident. Proximate cause means that the liable party played a contributing role (or the only role) leading up to the accident. More on this website
Your relative must have a surviving family member or beneficiary that can pursue legal action. Second cousins once removed do not have legal standing unless they can prove a strong, ongoing link to the deceased family member. And that only rarely happens.
Your beloved victim or your family must have incurred some form of tangible financial loss as a result of the fatal accident, which is a civil case is known as legal damages.
If at least one of these basic aspects existed as a result of the accident that claimed the life of your loved one, you have the right to seek legal action against the liable parties through a wrongful death lawsuit in civil court. If you are unsure whether or not these circumstances may have existed in regards to your possible case, contact one of our Texas wrongful death attorneys toll-free at 1(800) 862-1260 to discuss the merits of your wrongful death case.

You should also be aware that a civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges since the purposes of each type of case are different. But if criminal charges were considered against any negligent parties, even if they were not formally filed, that has no bearing on your right to file a wrongful death lawsuit in civil court. And if criminal charges are filed against the liable defendant, regardless of whether that defendant is found guilty or innocent in criminal court, the fact that charges were actually filed significantly strengthens any civil case you might choose to subsequently file.

For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. If the same driver had been drunk at the time of the fatal pedestrian accident, then criminal charges likely would be brought against the driver. In either instance, the driver could be held civilly liable for their actions through a wrongful death lawsuit in Texas, regardless of the status of the criminal activity.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

Texas Personal Injury Lawyers » Texas’ Wrongful Death Laws vs. The other States

How do Texas’ Wrongful Death Laws Match-up to those of the Rest of the United States?

If a loved one has passed away as a result of the negligence of another you may have a claim in a wrongful death cause of action. All family members are not able to recover. Generally one must be a parent, child, or spouse of the deceased in order to recover wrongful death damages. Texas has a wrongful death recovery method that mirrors many other states but does have some differences. If you have had a loved one die as a result of the negligence of another you will need to hire an attorney who can assert your rights. The attorneys at Our Law Offices have extensive skill and experience in the practice of personal injury law. We have a well-earned reputation for getting the results that our clients deserve.

Who Can Bring a Wrongful Death Claim?

In Texas, a wrongful death cause of action can be brought by the family members of the deceased. The family members who generally are able to recover for the wrongful death of one of their family members are generally the parents, children, and spouses of the deceased. Some states only permit the executor of the deceased’s estate to bring a wrongful death claim on behalf of the family. The family members and other individuals named in the will do not have the right to veto a settlement agreement, although the court is required to approve any settlement agreement. Find more information here @ https://www.carabinshaw.com/midland-wrongful-death.html

Who Can Receive Benefits?

In Texas, damages that are awarded from wrongful death claims are given to the party who brought the claim. In some states, damages that may be recovered from the death of your family member will go directly to the estate of the deceased and all the deceased’s bills and expenses must be paid first before any distribution can be made. Texas has no such requirement.

When Must a Claim be Made By?

The statute of limitations to bring a wrongful death claim in Texas is two years. Some states have various other statutes of limitations deadlines. While most states have two year limitation period, some have been known to have three and four year limitation periods.

What Recovery is Available?

There are multiple recovery claims in a wrongful death cause of action. Medical costs, loss of earning capacity, funeral costs, loss of consortium, and mental anguish among other forms of recovery is available to the families of the deceased.

While the recovery of damages will never fully compensate you for your loss, it will help you have some level of financial security in a financially uncertain time. Don’t let insurance companies and negligent parties step on your rights; you deserve to recover for all your loss. The attorneys at Our Law Offices have helped thousands of clients just like you recover the damages they deserved as a result of their injuries, we can help you too. Call to schedule your free consultation and discuss the merits of your case. Click on this link to find more information @ https://fordandlaurel.com

Most of us don’t want or expect to end up involved in a lawsuit. On either side. It’s an uncomfortable situation for anyone. People don’t generally enjoy conflict of any kind with the legal system, in many cases, baffles them. There are situations, however, that require you to take steps to either protect yourself or receive the justice you deserve. And those situations will often require the services of a personal injury lawyer.
You may have been injured in an auto accident that wasn’t your fault. Or perhaps hurt at a store or office because of negligence by the owners. You may have had valuable property damaged such as a laptop with important files on it. When you’re the victim of one of these mishaps, you are the one who suffers. You’re the one who has to have damage to your car repaired, who has to replace damaged possessions – and possibly pay sky-high medical bills that could destroy your financial security. See more information here
That’s why it’s very important when an incident like this occurs, to speak to a personal injury lawyer such as myself, especially before you agree to anything with an insurance company. Having said that, there’s also no need to rush into hiring a lawyer – you might want to speak to a few to get a feel for your case. From my experience, it is best to hire an attorney, if you have a legitimate case, within two to six months following an accident. Sometimes you obviously have to act sooner, but remember to not wait too long. The statute of limitations is three years for most cases. Don’t allow the likely three-year statute of limitations to lull you into a false sense of security. Most cases need significant work way before the statute is even close. Additionally, many personal injury attorneys will not take cases where the statute is too close!
I would also strongly advise you not to hire a lawyer who talks down to you or makes you feel uncomfortable. At our practice, we try to avoid confusing jargon when advising a potential client. Instead, I try to answer questions directly. I’m not shy about telling someone when they don’t need a lawyer and I let them know when it’s in their best interest to engage one.

Another important aspect to look at is the personal injury attorney’s experience. You want someone who knows what to do with a case like yours and it’s worth your time to ask the lawyer to tell you how he or she dealt with any cases that were similar to yours. Often an inexperienced personal injury lawyer will settle claims for far below what they should; they may be afraid to go to trial, because of their lack of experience, or they may be part of what we call settlement mills, law firms that settle cases because it’s a lot simpler and more inexpensive than preparing for trial.

How much will you be entitled to if your case is successful? That depends on a number of factors. Obviously, some types of damage are easy to calculate, such as medical costs or physical damage to property. Others, such as pain and suffering and loss of enjoyment of life are very subjective and depend on specific circumstances. An experienced personal injury attorney will be able to give you more of an idea once you’ve shared the details of what happened to you. Please also visit this website