You have legal options when it comes to moving forward after the loss of a loved one. A wrongful death lawyer in Texas can step in to represent you as you face legal challenges. So, take charge of your claim today by reaching out to our team at Buzbee Law Firm for assistance.
We’ve successfully represented many clients in cases involving wrongful death claims throughout Texas and across the country. However, we understand that nothing can compensate for the loss of a loved one, especially after an accident that never should have happened.
No legal action can ease the grief of coping after a family member has died as a result of negligence. However, though money cannot make up for your loss or assuage the associated distress and pain, it can help cover the financial burdens of an accident.
Types of Compensation for a Texas Wrongful Death Claim
A Texas wrongful death attorney can step in to assist you after the loss of a loved one. You may receive compensation to cover:
- Lost support, counsel, and advice
- Lost maintenance and care
- Lost earning capacity
- Lost comfort, companionship, and love
- Lost inheritance
Your family may also receive damages to cover the anguish and mental pain you experienced due to losing your loved one.
You may receive exemplary damages as part of a Texas wrongful death case in some situations. Legal professionals often call these “punitive damages.” However, you may not receive them in all wrongful death claims—only those that involve gross negligence or other serious actions.
Exemplary damages act as a way to punish the individual who caused the accident that led to the loss of your loved one. The legal system uses these damages to discourage other individuals from engaging in reckless or dangerous activities.
For a free legal consultation with a wrongful death lawyer serving Texas, call 844-349-9196
Texas Wrongful Death FAQs
Dealing with the aftermath of a loved one’s untimely passing due to someone else’s negligence or malicious behavior can be confusing and overwhelming. We’ve compiled answers to several frequently asked questions involving wrongful death claims in Texas.
Can You Receive Additional Compensation After the Loss of a Loved One?
Wrongful death claims represent only one possible option to secure compensation following the loss of a beloved family member. Wrongful death lawyers can also help you file a survival action in some situations.
A survival action provides different types of compensation than your family would receive through a Texas wrongful death claim. This legal action allows you to secure funds to cover your loved one’s:
- Final medical expenses
- Funeral and burial costs
- Lost income
- Property damage costs
We’re committed to helping families of wrongful death victims recover the available compensation. If your family member’s accident meets the thresholds for our caseload, a wrongful death lawyer can file claims on behalf of the next-of-kin or the decedent’s estate.
Who Can File a Wrongful Death Claim in Texas?
A wrongful death lawyer in Texas can help you determine if your family is eligible to file a claim after the loss of a loved one. Texas only allows close relatives to file these claims. In fact, the state only permits claims from:
Family members may work together to file a joint claim after an accident. You also have the option to have a single family member file a claim for the rest of the family.
Note that the regulations in Texas prevent you from filing a claim if you lost a:
- Grandparent or grandchild
- Aunt or uncle
- Sibling or cousin
- Fiancé or romantic partner
More distant family members cannot file a claim, either. What if your family member had no parents, children, or spouse? Many people wonder if they have no legal option to seek damages in this situation.
Texas handles this situation by giving the estate’s administrator or executor the chance to file a wrongful death claim if no family members step forward to do so after a period of three months. However, if your loved one’s close family members request not to file a claim, the executor cannot move forward.
Wrongful death lawyers can review your specific situation to see if you meet the legal requirements to file a claim.
How Do You Know if You Have a Wrongful Death Claim in Texas?
According to Tex. Civ. Prac. & Rem. Code § 71.001 to 71.003, your family can file a wrongful death claim if you lose a loved one due to another person’s:
- Failure to act
You may also have the chance to file a wrongful death claim if another person performed a wrongful act that led to the loss of your loved one. Wrongful death attorneys look into your specific situation to see if you qualify to file this claim.
However, one way you can assess the situation yourself is by considering what would have happened legally if your loved one had survived. For example, would your loved one have qualified to file a personal injury claim in this situation? If so, you may be able to move forward with a wrongful death claim.
If you have further questions about the specifics of your claim, you can reach out to a legal professional for answers.
Why Should You File a Texas Wrongful Death Claim?
Through a successful wrongful death claim or lawsuit, the company or person who caused the death is held accountable. In addition, the settlement or verdict can bring tangible financial relief to the family.
We are proud of the results we have achieved for past clients. Large corporations have taken steps and made changes thanks to our successful battles against wrongdoing that lead to fatalities. If you are on the lookout for a wrongful death lawsuit lawyer, we strive to provide skillful representation for your family.
A Texas wrongful death lawyer can provide you with compassionate care after the loss of your loved one, answer your legal questions, and guide you through the legal process.
How Do Texas Wrongful Death Lawyers Establish Fault?
Wrongful death attorneys work within the state’s legal system to help you secure compensation after the loss of a family member. In order to resolve your case, they focus on showing that someone else caused the death of your loved one.
Lawyers work to establish the following elements in each wrongful death claim:
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Duty of Care
In order to move forward with a Texas wrongful death claim, a lawyer must show that another party owed your loved one a duty of care. Duty of care can vary based on the kind of accident that took your loved one.
For example, all drivers in Texas have a duty of care to follow the rules of the road and operate their vehicles in a safe and reasonable manner. Doctors have a duty of care to provide responsible care to their patients. Property owners have a responsibility to remove any hazards they know about (or should know about) on their property.
Breached Duty of Care
Once your wrongful death attorney establishes that someone else owed your family member of duty of care, they take steps to show that the party violated this duty. Individuals may violate their duty in several ways. For example:
- A driver could speed, run a red light, or drive the wrong way up the road
- A doctor could improperly diagnose an illness or prescribe the wrong medication
- A property owner could leave a spill on the floor without warning visitors
Any of these actions could represent a significant breach of the duty of care in Texas.
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Causation for an Accident
A wrongful death lawyer must go beyond showing that the other party involved in the accident acted in a negligent way to build your claim. They also take steps to show that the party’s actions directly led to the wrongful death accident.
For example, let’s say a driver decided to exceed the speed limit and tailgate another vehicle. These actions breach the duty of care shared by drivers throughout Texas. However, if the driver never caused an accident, the situation would not progress further.
However, if the other driver struck the vehicle when they reached a stop sign because the tailgating driver could not stop in time, they would have directly caused the collision.
How Do Texas Wrongful Death Lawyers Investigate Cases?
In order to build a claim, your wrongful death attorney in Texas may:
- Speak to witnesses who saw the accident
- Go over the police report or other documentation
- Look for video surveillance records
- Work with experts
- Visit the scene of the accident
Lawyers work diligently to assess all the evidence related to the accident, allowing them to construct a claim that addresses the needs of your family.
How Long Do You Have to Handle a Texas Wrongful Death Claim?
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file a wrongful death claim. After this two-year period, the statute of limitations expires for these claims, preventing you from seeking compensation.
You may have less time to move forward with your legal case in some cases. For example, Texas shortens the statute of limitations for accidents involving government workers.
A wrongful death lawyer can review the specifics of your family’s claim, helping you determine how long you have to move forward with your legal case. Find out more by reaching out to us today.
How Can You Resolve Your Texas Wrongful Death Claim?
Lawyers do not resolve all Texas wrongful death cases in the same way. Instead, your lawyer goes over all the facts about your case before moving forward and providing you with advice about your options.
In many cases, lawyers recommend:
A Texas Wrongful Death Settlement
If you want to avoid going to court, you have the option to settle with insurance companies after many wrongful death accidents in Texas. If you settle, you resolve your claim outside of the court system, generally after a period of negotiations with insurance agents.
Your legal team can handle all these negotiations on your behalf, allowing you to focus on caring for your family during this emotionally trying time. Settling also enables you to avoid court fees and generally takes less time than other legal options.
A Texas Wrongful Death Lawsuit
Your lawyer may also suggest filing a wrongful death lawsuit in Texas in some circumstances. For example, lawyers may recommend lawsuits if insurance agents refuse to negotiate fairly or if your case has certain complicating factors.
Lawyers focus on your specific situation before filing a lawsuit and discuss the option with you. Your legal team will also keep you informed about the progress of your claim, answering any questions that arise as they handle your case.
We Provide Experience With Texas Wrongful Death Claims
Our wrongful death lawsuit attorneys have represented a variety of cases successfully and have helped make a difference to our clients in the following circumstances:
- Represented the estate of a woman who was severely burned and later died after a gas pipe leaked gas into her home, resulting in an explosion
- Represented several families of those who died in maritime and offshore drilling accidents
- Represented a family after the death of one of their sons due to the rollover of a Ford Explorer
Our wrongful death lawsuit attorneys can help you through this difficult time. We can begin right away by making headway with your case without disturbing your family during your mourning for your loved one.
To ensure that you have dedicated and accomplished legal counsel to represent you after losing a family member, get in touch with a Texas wrongful death attorney.
Learn More by Contacting a Texas Wrongful Death Attorney
You have legal options following the loss of a loved one in Texas. Start reviewing your situation with a Texas wrongful death lawyer from our team at Buzbee Law Firm. Contact us online or call us to speak with a dedicated legal professional.