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Fatal injuries happen during many types of accidents, making survivors suffer detrimental and expensive damages. As they emotionally recover from an unexpected death, survivors can contact our attorneys about filing lawsuits against liable parties.
Texas’s wrongful death statute has many complicated aspects, and our attorneys can explain each element so you are fully informed throughout your case. We can confirm that you have a cause of action, and if so, make sure to file your lawsuit before the statute of limitations runs out, which will be two years from the date of death. We can also add up all compensable damages from a victim’s death, which include lost wages and intangible damages. Survivors can hold negligent parties accountable through out-of-court settlements or jury awards, and our lawyers can help them take the necessary steps to get justice.
For a free and confidential case assessment from The Queenan Law Firm’s wrongful death lawyers, call us today at (817) 476-1797.
Understanding the Wrongful Death Statute for Your Plano, TX Claim
Each state approaches wrongful death cases differently, and Texas has a unique set of laws governing these types of claims against liable parties. Our attorneys can explain the wrongful death statute to survivors, including when they have a cause of action, the filing deadline, who among them are eligible plaintiffs and beneficiaries, and the available compensation from negligent parties. Misunderstanding any of these elements could lead to issues with your case, such as improper damages calculations or difficulty proving liability.
When There is a Cause of Action
Texas lays out when survivors have a cause of action to file wrongful death claims in Tex. Civ. Prac. & Rem. Code § 71.002. Generally speaking, wrongful death actions may be brought against anyone whose negligence, recklessness, or intentional wrongful act causes an accident that injures and kills a victim. § 71.003(a) goes on to state that plaintiffs may only file lawsuits if the victim would have had cause to sue for personal injury had they survived their injuries. Our attorneys can immediately review the circumstances of a fatal accident to determine if survivors have cause to bring a wrongful death claim in Plano.
For example, other parties are often liable for fatal car accidents. Negligent drivers might drive over the speed limit, under the influence, or while distracted, causing serious collisions that fatally harm victims. Property owners may be liable for falls due to their negligence, such as if a victim falls down the stairs and suffers a fatal head injury because of a broken railing. Even medical professionals could be negligent and provide improper care, leading to victims’ untimely deaths and making them responsible to survivors.
What the Statute of Limitations Is
The statute of limitations limits how long victims’ families have to prepare and bring lawsuits for their loved one’s death. According to § 16.003(b), Texas provides a two-year period following a wrongful death for plaintiffs to file lawsuits in court. Our attorneys can strictly abide by this filing deadline, ideally submitting your complaint much sooner to hasten your recovery. Missing the statute of limitations would bar survivors from getting any compensation, and our wrongful death lawyers can help them avoid this at all costs, especially while emotionally reeling from an unexpected death. The best way to do this is by initiating investigations as soon as possible. Some of the most crucial evidence might only be accessible immediately after a fatal car accident, fall, or other event, and we can work to preserve that evidence for survivors’ future claims. Despite having two years to sue, survivors should not intentionally wait that long to prepare and file their claims.
Which Survivors Are Eligible Plaintiffs and Beneficiaries
According to § 71.004, wrongful death claims are to compensate a victim’s surviving spouse, children, and parents, and any of these parties may file a lawsuit for all of their benefit. If none of these survivors bring a claim within three months of the victim’s death, the executor of their will may file a claim, though that is a rare situation. Our attorneys can explain how compensation from a settlement or jury award will be divided among the victim’s survivors so that you know what to expect from the initial stages of your lawsuit onward.
Available Compensation
In wrongful death lawsuits, juries are not limited when awarding compensation to survivors and instead do so by assessing the overall impact of the victim’s injuries and death. This often includes economic damages, which our lawyers can identify and tally as necessary. Survivors may get compensation for the victim’s medical damages before their death, funeral and burial costs, and lost income. Non-economic damages are more subjective and can compensate survivors for their emotional distress due to an unexpected and wrongful death, including loss of companionship, advice, and other intangible damages.
In addition to compensatory damages, survivors could get punitive damages if the defendant caused the victim’s death through gross negligence, like drunk driving. We can evaluate the liable party’s conduct early on in your case to determine if it meets the level of gross negligence, entitling you and other survivors to punitive damages.
The inherent value of your case does not change depending on whether you settle out of court or win at trial. However, settlements and jury awards are not always the same, and ensuring settlements accurately represent your losses from a loved one’s death is crucial. We can focus on quantifying your non-economic damages in particular, as these are the most challenging to calculate of survivors’ recoverable losses. We can then guide you through settlement negotiations or a trial and help you hold a negligent or reckless party accountable for their conduct.
Call Our Plano, TX Wrongful Death Attorneys Today
For a free case review from our wrongful death lawyers, call (817) 476-1797 and get help from The Queenan Law Firm today.