Losing a loved one suddenly can be a devastating event for a family, both emotionally and financially. It is all the more devastating when such a death occurs as a result of the preventable negligence of another person or entity. If your loved one died during a workplace accident, a medical procedure, or in any case where there was negligence by another individual, you may be able to sue to recover wrongful death damages.
At The Queenan Law Firm, P.C, our experienced Arlington, TX wrongful death lawyers are here to guide you through the complex process of filing a wrongful death suit and recovering compensation for those left behind. We understand the importance of quick results for people who are suddenly without a major source of income and have all kinds of new expenses to cover. If you have lost a loved one to negligence, call us today at (817) 476-1797 to see if we can help you recover damages.
Who is Permitted to File a Wrongful Death Lawsuit in Arlington, TX?
Under Texas law, only a few particular family members are permitted to bring a wrongful death lawsuit on behalf of the deceased. Only a spouse, a child, or a parent of the deceased can be the named plaintiff in a suit for wrongful death damages. As such, other relatives like grandparents, nieces and nephews, siblings or cousins are not permitted to file such a suit, even if they were financially dependent on the deceased. Unmarried partners of the deceased are also not allowed to file a wrongful death suit.
However, a wrongful death lawsuit can also be brought on behalf of the decedent’s estate as a whole by the executor of their will. If the immediate family members have not filed a suit three months after the death, the executor is permitted to file unless one of the immediate family members objects to such a suit going forward. If compensation is recovered in a lawsuit filed by the executor, it will be distributed according to the deceased’s last will and testament, which may include relatives not permitted to seek wrongful death damages on their own.
Note that in all cases, a wrongful death lawsuit must be filed within 2 years of the death or it will fall outside the statute of limitations.
Types of Wrongful Death Suits in Arlington, TX
There are many different types of situations where a wrongful death lawsuit may be warranted. At The Queenan Law Firm, P.C., our Arlington, TX wrongful death attorneys have experience handling wrongful death cases stemming from a diverse set of situations. Some of the most common events leading to wrongful death suits include the following:
- Automotive accidents
- Industrial accidents
- Defective products
- Slip and fall accidents
- Toxin exposure
- Workplace accidents
- Mistakes made in medical procedures
Proving Fault in an Arlington, TX Wrongful Death Case
In order to have a viable wrongful death lawsuit in Texas, you need to be able to prove that a person or entity acted with negligence, and that, in the absence of such negligence, the death could have been prevented. Proving negligence involves showing that there was a duty, a breach of that duty, that the breach was a cause of the death, and that there are damages related to the death.
A duty is the responsibility of an individual or entity to act in line with the standard of care expected of a reasonable person in their situation. For example, a doctor has the duty to conduct a surgery in line with the standard procedures a reasonable doctor conducting such a surgery would employ. If the doctor shows up drunk to the surgery and makes a bunch of mistakes, this is likely to be a breach of the duty, as a reasonable doctor would not conduct surgery drunk.
You will then need to prove that the doctor’s drunken mistakes are what caused the death. This can be done by comparing the deceased’s situation to other surgeries conducted by the doctor or other doctors of similar training and experience. Assuming causation can be proven, you must show that there are damages that have resulted from the death. Things such as funeral services can be considered damages.
An experienced Arlington, TX wrongful death lawyer like those on the team at The Queenan Law Firm, P.C. can help you gather the evidence necessary to prove duty, breach, and causation in making the case that a wrongful death occurred.
Compensation Available in a Wrongful Death Suit
If the party is found to be negligent, there are a variety of different things they made be required to compensate you for. Oftentimes, damages in these types of cases can be very high. First and foremost, the court will likely require them to pay all costs directly associated with the death. This can include funeral expenses, grief counseling and any medical expenses that may have accrued if the death did not occur immediately.
There are a variety of other types of compensation we can pursue. This can include lost income and wages from the deceased, emotional trauma, damages for loss of consortium, and other damages related to pain and suffering. At The Queenan Law Firm, P.C., we know how to make the case to the judge that you deserve the highest possible compensation for the traumatic death of your loved one. While money can never bring someone back, it can help ease your burden during this painful time.
If You Believe You May Have the Grounds for a Wrongful Death Suit, Call Our Arlington, TX Firm Today
It can be hard to think about anything other than your grief when you have lost a loved one. However, especially if your loved one was a major contributor to the family’s finances, it is important that you act quickly to receive the compensation you are entitled to in the case of a wrongful death. At The Queenan Law Firm, P.C., our Arlington, TX wrongful death attorneys have many years of experience filing these suits in all different types of situations. We will assess the strength of your case and help you decide who to sue, and we will mount an aggressive case in court to prove fault and fight for your right to just compensation. Call us today at (817) 476-1797 for a free consultation.