With guidance and support from a Dallas wrongful death lawyer, you can pursue a wrongful death claim even if their (or your) actions may have contributed to the incident. Depending on how fault is attributed to each party, your potential financial award could be decreased.
The sudden loss of a loved one can be devastating. The legal ramifications of your loss can lead to additional stress. If your loved one’s actions could have contributed to their demise, your family could face a difficult legal struggle to recover damages. A local lawyer can fight for fair assignment of fault and negotiate a fair financial outcome for your family.
Proportionate Responsibility Laws in Wrongful Death Claims in Texas
Proportionate liability distributes negligence and fault between one or more at-fault parties. Each is assigned a percentage of fault and is financially responsible for the monetary value of their percentage.
According to Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as less than half (50%) of the fault is assigned to you. On your own, it can be hard to understand how negligence is defined and how any percentage is attributed to your actions.
The insurance company will decide how to distribute fault. Having a lawyer on your side means they can fight for a fair and equitable assignation and protect your right to damages.
One way to understand how Texas’s “modified comparative fault” ruleaffects your car accident or other wrongful death claim is to seek legal guidance and support.
What Are the Four Legal Elements That Define Negligence?
To understand how negligence is distributed in an accident, you have to understand how it is defined and how each person’s action contributed to the accident. Negligence is identified by the following four factors:
- Duty of care: Each party’s responsibility to act in a specific manner
- Breach of duty: Each party’s failure to meet their legal obligation
- Causation: How each party’s action contributed to the accident
- Damages: The financial consequences of the accident
Your own recollections of the accident along with the evidence your attorney collects will help representatives for both sides understand the cause of the accident and the role of each party’s actions.
What Evidence Do You Need to Prove Negligence?
The type of evidence needed to prove negligence will vary according to the accident. In general, your legal team will collect the following evidence to prove negligence:
- Medical records
- Written prognosis
- Accident reports
- Injury photos
- Accident scene photos
- Witness statements
- Expert testimonials
Additional evidence will support the monetary value of your case, including:
- Medical expenses
- Employment records
- Salary history records
- Property repair costs
- Property replacement
Your legal team will collect, sort, organize, and submit evidence on your behalf. While they do, your family can focus on caring for each other.
What Types of Negligence-Based Accidents Could Constitute Wrongful Death?
The lawyer who handles your case will examine all its details. Negligence-based accidents that could be caused by shared fault include:
- Car accidents
- Construction accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Truck accidents
- Truck accidents
If 30% of the accident’s fault is yours, a $250,000 compensation package will be reduced to $175,000. Your legal team will fight for a fair distribution of negligence and fault.
Recoverable Wrongful Death Compensation for Surviving Families in Texas
The unexpected loss of a loved one can take a serious financial toll on you and your family. While nothing can atone for your loss, your lawyer can help you negotiate fair and appropriate financial compensation.
Recoverable wrongful death damages include:
- Funeral, burial, and cremation costs
- Loss of the decedent’s financial support
- Loss of the decedent’s domestic aide
- Loss of consortium, maintenance, and society
You could also be entitled to survivors’ benefits—damages your loved one would have recovered had they survived to file a personal injury claim.
What Is the Filing Deadline for Texas Wrongful Death Claims?
According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file your wrongful death lawsuit. The statutory clock starts running on the date of the incident that led to your loved one’s demise, not on the date of their demise.
Your attention in the immediate aftermath of your loss will be focused on making final arrangements and taking care of your family. This can make it difficult to understand and comply with the state’s filing deadline. If it expires, though, your family could lose the legal right to compel any compensation at all.
A primary benefit of hiring a wrongful death attorney is their ability to act on your behalf so you can avoid the costly consequences of filing your lawsuit too late.
Does a Lawyer Have to File a Wrongful Death Insurance Claim or Lawsuit?
Some states allow the decedent’s family to file a wrongful death action. In Texas, you can do so if you file within three months of your loved one’s demise. If more than three months pass, your representative must file on your behalf.
A lawyer can clarify this and all Texas laws that apply to your case and fight to protect your family’s rights.
Which Family Members Can Receive Compensation in a Wrongful Death Case?
In general, the decedent’s immediate family members can file a wrongful death lawsuitin Texas. This typically means their parents, spouse, and children. How recoverable damages are apportioned can vary.
The best way to understand your right to financial compensation is to review your relationship with a legal team in your area. Most will review your case at no cost.
Get Your Free Wrongful Death Consultation Today
You can pursue a wrongful death claim even if your actions may have contributed to the incident. Understanding your rights in this challenging situation can be difficult, so our law firm will help you document your claim and prove your right to compensation.
At Loncar Lyon Jenkins, our consultation teamwill listen to the details of your case with compassion and understanding. Contact a team member to get started now.
