Texas Wrongful Death Lawyers
CALL (800) 863-5312 TO SPEAK WITH A TEXAS WRONGFUL DEATH LAWYER
No amount of money can replace a loved one. On top of the grief and sorrow you are dealing with, if another individual was responsible for the death of your loved one, you may be left with extensive financial burdens and uncertainty about what steps to take next. We understand that this may be a difficult time for you and your loved ones, and we want to help ease the burden surrounding your legal case.
At Zinda Law, we have experience helping victims’ families seek the compensation they may be entitled to for a wrongful death. Call (800)-863-5312 for a free case evaluation with one of our experienced Texas wrongful death attorneys today.
WHAT IS A WRONGFUL DEATH CLAIM?
It is impossible to put a price tag on the value of a human life. While there is no perfect measurement, the closest that the justice system can get is allowing loved ones to recover for their loss is by filing a wrongful death lawsuit. A wrongful death claim arises when someone died in an accident through the negligent or intentional act of another. This could include instances such as drunk driving, a workplace accident, or medical malpractice.
A wrongful death claim can be thought of as the victim’s loved ones stepping in and filing suit for the deceased person, since the victim is unable to file a personal injury claim themselves. A wrongful death claim can help alleviate the financial and emotional strain on survivors from the sudden loss of love, support, and income an individual provided before their death.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
In Texas, only certain individuals can bring a wrongful death claim. These include the surviving spouse, children, and parents of the deceased person. If none of these individuals bring an action within three months after the death of the victim, then the executor or administrator of the estate may file a wrongful death suit as well.
If a victim does not leave behind a spouse, children, or parents, other relatives will not be able to file a wrongful death claim on the decedent’s behalf. Texas courts have held that siblings, aunts, uncles, cousins, and other close relatives cannot pursue a claim. This means a wrongful death case can only be brought by a spouse, child, parent, or executor of the estate.
HOW IS A WRONGFUL DEATH CASE’s VALUE DETERMINED?
Determining the exact value of a wrongful death case will depend on several factors. It can be extremely complicated to determine the exact amount in a wrongful death suit. Experts, such as economists and actuaries, will often be used to help determine the dollar amount the deceased individual contributed and would have continued to provide to their family if not for their death. Survivors may be able to recover both economic and non-economic damages from a wrongful death lawsuit.
Economic damages include the tangible financial contributions the deceased would have provided to the survivors if they had not died. The calculation may be based, in part, on the deceased’s age, health prior to death, and earning capacity. The age of the deceased’s children and the type of assistance that would have been provided can also be factors to determine the value. These may include:
- Loss of expected earnings, including the amount the deceased would have earned over their career
- Loss of benefits, such as health insurance, dental coverage, and pension plans
- Loss of inheritance, including the inability to accumulate money to provide an inheritance to beneficiaries
- Medical and funeral expenses, including medical care from the accident that resulted in the death of the victim
- Value of the goods and services that the deceased provided for survivors
Although non-economic damages may be harder to calculate, they can oftentimes have more value than economic damages. Non-economic damages can be used to help with the devastating loss of a loved one and the nurturing and supportive role they played in the lives of their survivors. These damages could include:
- Pain and suffering for the deceased’s survivors
- Loss of consortium of a spouse
- Loss of companionship, including support, care, and guidance from the deceased
Punitive damages, also called exemplary damages in Texas, may be awarded in cases where a defendant acts in a seriously reckless or malicious manner and those actions resulted in the deceased’s death. Punitive damages are meant to punish the defendant and discourage similar behavior in the future. An experienced attorney may be able to assist in determining whether punitive damages are applicable in your situation.
COMMON WRONGFUL DEATH SETTLEMENT QUESTIONS
How Can an Attorney Help?
Our wrongful death lawyers are here to handle your case through every part of the process. This may include helping to file your claim and determining the potential damages you may be able to receive. Our wrongful death lawyers have extensive experience investigating, negotiating, settling, and going to court for wrongful death claims.
We recognize that this may be one of the most difficult times of your life. Let us handle your legal case and provide the knowledge and support to move your case forward. We will fight to make sure you and your loved ones receive the compensation you may deserve.
How Much Time Do I Have to File a Wrongful Death Claim?
If you want to file a wrongful death lawsuit, you need to be aware of the time limits, or statutes of limitations, that are in place. In Texas, you have two years from the victim’s death to file a wrongful death claim. However, it is best to contact a wrongful death attorney in Texas as soon as possible to help you navigate the filing timeline and seek the compensation you may deserve.
How Is Compensation Divided When There Are Multiple Surviving Individuals?
When a victim dies, they may leave behind several surviving family members who relied on them for emotional and financial support. In some cases, a surviving spouse and children may choose to file a wrongful death case together. If the case goes to trial, the jury will decide the amount each family member should receive.
If the claim is settled without going to trial, an attorney can help divide the money fairly among the parties. There are several factors to take into account when splitting up the settlement amount, but when all parties can come to an agreement on how the money should be proportioned, the process is more straightforward. Unfortunately, this is not possible in every case, and when the parties cannot come to an agreement, they may need to hire an attorney to represent them to ensure they receive a fair amount.
Can I File a Wrongful Death Claim If There Is an Ongoing Criminal Case?
Yes, a wrongful death claim may be filed even if a criminal case is proceeding based on the same facts. This is because a wrongful death claim is a civil case, and must be brought by the spouse, children, parents, or representative. If a defendant is found at fault in a civil case, they will have to pay money damages. In contrast, a criminal case is brought by the state or prosecutor, and if the defendant is found to be at fault, they may face time in prison, probation, or other penalties.
Will My Case Go to Trial?
The majority of cases are settled without going to trial because both parties can come to an agreement on a fair compensation value for a wrongful death claim. If you go to trial, you may risk losing your case, receiving delayed compensation, or fighting an appeal. All of these possibilities mean that your case will take longer, and you will not receive compensation as quickly as if you had settled.
However, sometimes going to trial is necessary. Our experienced attorneys understand a fair wrongful death lawsuit compensation value. If a settlement offer isn’t fair, our attorneys may take the case to trial and continue to fight for you. Our personal injury lawyers in Texas are skilled in evaluating your options and whether a settlement or trial will be best for your case.
Contact a wrongful death attorney
At Zinda Law Group, our wrongful death attorneys have helped many survivors get the compensation they deserved after losing a loved one in a tragic accident caused by another party’s negligence or intentional actions. We understand that no amount of money can replace your loved one, but we want to help ensure you receive the financial and emotional support you deserve.
We believe that you should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
If you need to sue someone for the death of family member, call Zinda Law Group at (800)-863-5312 to receive your free consultation with one of our experienced Texas wrongful death attorneys.