If you’ve lost a loved one due to someone else’s negligence or misconduct, the attorneys at Crosley Law can help you get the answers and compensation you deserve. Let our wrongful death attorneys focus on your legal issues, so you can take care of yourself and your family.
Contact us today for a free consultation to discuss your case and legal options. Call us at 210-LAW-3000 | 210-529-3000 or complete the form on this page to get started. To learn more about Texas wrongful death laws and how we can help, keep reading.
How Does Texas Define Wrongful Death?
Under Texas law, a wrongful death occurs when someone’s behavior, recklessness, ineptitude, or negligence causes a fatality. Wrongful death claims may involve:
- Car crashes
- Defective and dangerous products
- Workplace and industrial accidents
- Criminal activity
- Medical malpractice
Filing a Wrongful Death Claim in Texas
Who Can File a Wrongful Death Claim?
Texas limits the ability to file a wrongful death claim to only a few immediate family members. You must be a spouse, parent, or child of the deceased to file a claim.
How Long Do I Have to File a Claim?
Most legal claims are subject to a statute of limitations, a set period in which you must file your claim or lose your right to compensation. In a wrongful death claim, you only have two years from your loved one’s death to file a lawsuit.
What Can I Recover in a Wrongful Death Claim?
Depending on the circumstances surrounding the incident, an attorney can help you seek the following types of wrongful death damages:
Economic damages:
This includes your loved one’s lost earnings, lost financial support, and funeral and burial costs.
Non-economic damages:
Compensation for your pain and suffering as well as your loss of companionship are classified as non-economic damages.
An unexpected death can have a profound impact on your family – the loss of your loved one’s affection, emotional support, and financial contribution can be overwhelming. A legal claim can help you rebuild and regain stability.
Accurately calculating a wrongful death claim’s value can be highly complicated, and it typically requires help from an experienced, local attorney. The type and amount of damages you receive in a wrongful death case will depend on your specific circumstances, but may include:
Economic Losses
Economic damages cover your concrete financial costs resulting from your loved one’s death, including:
- Being out of work due to mental trauma and grief
- Losing the financial support provided by the deceased
- Paying funeral and burial costs
Non-Economic Losses
Non-economic losses include intangible costs such as:
- Mental suffering and trauma
- Loss of the deceased’s companionship
- Loss of household services provided by the deceased
Punitive Damages
If the negligent party’s actions were grossly or maliciously negligent, a court might award the family punitive damages. They serve as an extra penalty to discourage them and others from repeating the negligent actions.
Survival Compensation
In addition to a wrongful death claim, certain family members and heirs can file a survival claim. This allows them to also recover compensation for expenses acquired by the deceased before they died, as a result of the fatal incident. Survival compensation may include:
- Medical bills and expenses if the victim survived the initial incident but passed later as a result of their injuries.
- Pain and suffering experienced by the victim before their death.
Work With an Experienced Wrongful Death Attorney to Strengthen Your Claim
Wrongful death claims can result in significant damages, so insurance companies fight even harder than usual to avoid having to pay families the compensation they deserve. An experienced wrongful death attorney can help families:
- File your claim correctly and on time
- Investigate your loved one’s death and identify exactly who contributed to your loss
- Support and strengthen your claim with compelling evidence and legal arguments
- Accurately calculate your deserved compensation
- Negotiate with the insurance companies
- Present your claims to a judge and jury, if necessary
At Crosley Law, we are dedicated to both the financial and emotional wellbeing of our clients. We work closely with probate attorneys, grief and loss counselors, and others to provide clients with the support they need and the compensation they deserve.
RELATED: Protect Your Wrongful Death Claim With These 3 Steps
Crosley Law Helps Families of Wrongful Death Victims Find Closure
Crosley Law has a history of successful wrongful death claim negotiations and litigation proceedings. The insurance companies and their lawyers know that we won’t accept less than our client deserves. Not only is our goal to help clients get the compensation they need and deserve, but also to help them find closure by bringing the responsible parties to justice.
If you have lost a family member due to someone else’s negligence, please call us at 210-LAW-3000 | 210-529-3000 or complete our contact form for your free consultation.
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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