Nothing compares to the pain of losing someone you love. The grief and uncertainty can leave you reeling. It can be challenging to figure out what to do next and how you’ll go on without them. The emotional turmoil only worsens if someone else caused the death of your loved one.
If you’ve lost a family member due to someone else’s negligent behavior, a wrongful death attorney can provide the reassurance, support, and guidance that you need. Crosley Law’s wrongful death attorneys guide families through these difficult times and help them get the compensation they deserve.
We offer free consultations and a no-fee policy, where you don’t pay unless we recover compensation in your claim. Call us at 210-LAW-3000 | 210-529-3000 or complete the form on this page to get started.
How Does Texas Define Wrongful Death?
In Texas, a wrongful death is one that is the result of another’s misconduct, carelessness, lack of skill, or negligent behavior. Many wrongful death cases involve:
- Car and motor vehicle crashes
- Defective and dangerous products
- Medical malpractice
- Work and industrial incidents
- Criminal conduct
How to File a Wrongful Death Claim in Texas
Only Specific Family Members Can File a Wrongful Death Lawsuit
Only the spouse, parent, or child of the deceased can file a wrongful death claim in Texas. Other family members, appointed representatives, or heirs cannot file.
You Must File Within Two Years of Your Loved One’s Death
Almost all legal claims have a limited time during which you can file. This period, known as a statute of limitations, is two years for wrongful death claims in Texas.
Calculating Damages in a Wrongful Death Claim
A wrongful death claim provides the victim’s family with the financial compensation they need to cover the costs resulting from the fatal incident. It may also cover the emotional and psychological losses they suffer due to their loved one’s death.
Because the effects of a death are profound, it can be challenging to calculate the amount of compensation you deserve. After all, nothing can truly compensate you for the loss of a loved one. However, an experienced wrongful death attorney can help you understand the nuanced process of valuing a wrongful death claim. Your damages may include:
Economic Damages
Economic damages cover the specific, tangible financial losses you and your family experience as a result of your loved one’s death. Examples include:
- Missed work and lost income
- Loss of financial support
- Funeral and burial expenses
- Loss of inheritance
Non-Economic Damages
Non-economic damages address your intangible losses, such as:
- Emotional trauma and suffering
- Loss of companionship
- Loss of household help and services
Punitive Damages
When the responsible party’s behavior is grossly negligent, the court may award you punitive damages as a way to punish the liable party further and discourage repeat behavior.
Survival Claim Damages
While a wrongful death claim seeks compensation for your losses, a survival claim aims to recover your loved one’s damages. Survival claim damages may include your loved one’s accident-related medical expenses and their pain and suffering.
An Experienced Wrongful Death Attorney Can Strengthen Your Claim
Insurers vigorously dispute and reject wrongful death claims. An experienced wrongful death attorney can help you:
- Develop a stronger claim supported by evidence and facts
- File your claim on time and with all the necessary information
- Calculate your compensation more accurately
- Negotiate with the insurance company on your behalf
- Give you space and time to grieve and heal
At Crosley Law, we provide clients with the emotional support they need while we work to get them the financial compensation they deserve. We partner with probate attorneys and grief specialists to ensure the wellbeing of our clients even after we close their case.
RELATED: Protect Your Wrongful Death Claim With These 3 Steps
Get the Justice and Closure You Deserve, Call Crosley Law
The attorneys at Crosley Law have a reputation for strong legal representation and a relentless drive to get our clients fair compensation. We strive to get justice for the deceased and their family, and the compensation and closure that the family needs and deserves. Have you lost a loved one to another’s negligence? Please call us at 210-LAW-3000 | 210-529-3000 or complete our contact form to discuss your case.
References
Tex. Civ. Prac. & Rem. Code § 71.002. (1985) Retrieved from https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm
Texas Department of Transportation. (2019, August). Texas motor vehicle crash statistics: Cumulative crash statistics 2003–2018. Austin, TX: Texas Department of Transportation. Retrieved from https://www.txdot.gov/government/enforcement/annual-summary.html
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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