If your family lost a loved one due to negligence, a lawyer in your area can clarify what types of damages can be sought in a wrongful death lawsuit. A Dallas wrongful death lawyer can fight to recover wrongful death and survival damages, including the costs of making your loved one’s final arrangements and compensation for your loss of their financial support.
You do not have to manage all the details of your family’s case on your own. With legal guidance and support, you can file a wrongful death insurance claim or lawsuit. They will also fight for your family’s rights, prove the at-fault party’s liability, and clarify the laws in your state, and their application to your case.
Compensation Your Family Can Seek in a Wrongful Death Lawsuit
No amount of compensation can atone for the loss of a loved one. An unexpected loss, though, can wreak financial havoc for your family. A wrongful death lawyer in your area can request fair and appropriate damages on your behalf. The average wrongful death settlement in Texas includes compensation for:
- Funeral, burial, or cremation expenses
- Loss of financial support from all income sources
- Loss of domestic support and services
- Loss of consortium, guidance, and support
- Loss of inheritance the family would have received
- Family members’ mental and emotional anguish
You do not have to document or assess these damages on your own. Your legal team will assign a fair and accurate value to your case and fight for the best possible outcome for your family.
Recoverable Damages Your Family Can Seek in a Survival Action
In addition to wrongful death damages, your family may also be entitled to file a survival action. It allows you to recover the damages your loved one would have sought in a personal injury lawsuit had they survived the accident, including:
- Pain and suffering
- Medical expenses
- Loss of income
- Property damage
- Property destruction
Your lawyer will include these recoverable damages in your lawsuit. They will obtain receipts, bills, invoices, and other documents that prove the related costs. They will also clarify which family members can file a survival or wrongful death action in Texas.
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A Lawyer Can Document the Negligence Can Lead to a Wrongful Death Lawsuit
The loss of a loved one can be challenging under any circumstances. When someone else’s negligent or careless actions cause a fatality, your family can seek compensation. Examples of negligence-based accidents personal injury lawyers handle include:
- Construction accidents
- Dangerous drug cases
- Defective product cases
- Dog bites or attacks
- Drunk driving accidents
- Hit and run accidents
- Medical malpractice
- Motor vehicle accidents
- Motorcycle accidents
- Oilfield accidents
- Pedestrian accidents
- Slip and fall accidents
- Taxicab or rideshare accidents
This list is not exhaustive. If your family lost a loved one in an accident, the best way to understand your financial recovery options is to consult with a team member at a law firm in your area.
What You Need to Know About the Wrongful Death Filing Deadlines in Texas
In Texas, the decedent’s immediate family members—typically their parent, spouse, or child—can file a wrongful death lawsuit. According to Texas Civil Practice and Remedies Code § 71.004, if a lawsuit has not been filed within three months of your loved one’s demise, a representative must file on your family’s behalf.
In addition, the state imposes a statute of limitations on the filing of your lawsuit. The sooner you get a lawyer involved in your case, the better. According to Texas Civil Practice and Remedies Code § 16.003, the lawsuit must be filed within two years of the date of the accident that caused your loved one’s demise.
Failure to meet the statute of limitations could prevent you from filing your lawsuit at all or lead to its immediate dismissal. Your wrongful death attorney will clarify when the filing deadline can fluctuate and the potentially costly consequences of non-compliance.
Evidence Your Wrongful Death Lawyer Will Collect to Substantiate Your Case
Before you can recover any damages at all, you have to prove your loved one’s demise was caused by another person’s or entity’s negligence. Your lawyer will collect evidence that proves its elements, which include:
- Duty of care: The at-fault party owed your loved one a duty of care
- Breach of duty: Their negligent action breached their legal duty
- Causation: Their actions caused your loved one’s accident and demise
- Damages: Your family suffered financial consequences due to your loss
The accumulated evidence can vary based on the type of accident your loved one was involved in and can include:
- Medical records
- Health history
- Injury photos
- Police report
- Witness statements
- Expert testimonials
- First responder reports
Additional evidence that supports your claim can include proof of your loved one’s income and future earning potential. Your lawyer will also obtain evidence that might be emotionally challenging for you, including a death certificate, accident scene photos, medical examiner reports, and autopsy records.
Steps a Wrongful Death Lawyer Will Take to Resolve Your Case With a Settlement
The majority of wrongful death cases are resolved without going to court. To steer your case in this direction, your lawyer will build a compelling evidence collection that identifies the at-fault party and indicates their negligence.
Your lawyer will not tax your family with collecting the evidence your case needs. They will compile and organize your case file and submit it to the at-fault party and their insurance provider. They will also weigh the pros and cons of each offer you receive and steer you toward a beneficial settlement agreement.
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Get a No-Cost, No-Obligation Review of Your Wrongful Death Action
If your family lost a loved one in a negligence-based accident, our wrongful death attorney can build a strong case for financial compensation. We will negotiate all the types of damages that can be sought in a wrongful death lawsuit and how we determine your recoverable damages.
Find out more about defining the at-fault party’s financial liability by contacting one of our consultation team members at Loncar Lyon Jenkins today.