Arlington Wrongful Death Lawyer
If you have lost a loved one due to the misconduct or negligence of another, no lawsuit can ever bring your loved one back, and no amount of money can ever really recompense you for your loss. In a wrongful death suit, however, you can hold the responsible parties accountable and seek justice for your loved one. Wrongful death claims can be brought in any case in which a party's negligence or misconduct resulted in the death of an innocent person. If you are looking for an Arlington wrongful death lawyer, call (972) 599 4100. Our Arlington accident and injury attorney will start working on your case immediately.
The untimely death of a loved one frequently produces emotional and financial upheaval in the family dynamic. While you may wish that the persons who caused your loss would accept responsibility, the unfortunate reality is that most people do not unless pushed to do so through the civil lawsuit system. If you have lost a loved one due to the negligence of another, an Arlington personal injury lawyer at our office can assist you in recovering compensation for your loss and filling the financial gap left by your loss.
In Texas, wrongful death claims are typically classified into two types:
- The estate's Survival Statute claims for survival brought on behalf of the deceased and;
- Family members under the Texas Wrongful Death Act. These are one-of-a-kind instances that necessitate a variety of proof in order to maximize damages.
A wrongful death usually occurs as a result of another person's negligence or recklessness. A person can cause the death of another person negligently in a variety of ways. Auto accidents, commercial trucking accidents, motorcycle accidents, pedestrian-auto accidents, bicycle-auto accidents, workplace accidents, construction accidents, dangerous conditions on-premises, industrial accidents, and a variety of other traumas are common causes of wrongful death.HOW DO YOU PROVE A WRONGFUL DEATH CLAIM IN ARLINGTON, TEXAS?
In order to prove a negligence case in Texas, four separate factors must be proven:
Duty: In order to establish negligence in a wrongful death lawsuit, you must first establish that a duty was due to the person who died.
- The concept of responsibility is broad: we owe others an obligation of reasonable care. Normally, the presence of a legal duty is decided by the judge in a case.
- Assume a driver was traveling 20 miles over the speed limit during heavy rainfall. If the driver loses control of the vehicle and kills your parents, it is easy to argue that he violated your parents' responsibility to drive at a reasonable speed in a thunderstorm.
Breach of Duty: This factor merely needs you to demonstrate that the defendant violated a legal duty due to the individual who died.
Causation: You must demonstrate that the defendant's negligence caused the wrongful death.
Damages: The final component of a credible wrongful death lawsuit is one of damages.
To investigate your claim, an experienced wrongful death attorney should collect detailed data. The following types of evidence are frequently used to prove a wrongful death:
- Police Reports: If an accident results in a fatality, the reason for the event should be thoroughly investigated. In many circumstances, the police officers on the scene would photograph the accident scene to help determine who caused the accident and wrongful death. In other circumstances, witnesses may provide testimonies to authorities regarding what occurred.
- Medical Records: Medical records are frequently used to demonstrate how a person was injured and finally died.
- EMT Records: When investigating a wrongful death lawsuit, records from an ambulance service or other first responder should always be obtained.
- 911 Calls: Fatal accidents are frequently reported to 911. Records pertaining to the call should be kept.
- Insurance Records: Records pertaining to first-party insurance claims may contain information that is relevant to your claim.
Wrongful death lawsuits are intricate, and finding the correct attorney for you is much more difficult. Here are some frequently asked questions, which we hope will help you with the knowledge you require for your specific instance.WHO IS ENTITLED TO FILE A WRONGFUL DEATH CLAIM?
Not everyone will have the right to file a wrongful death lawsuit after a fatal accident. In fact, the plaintiff must be a statutory beneficiary listed in the Wrongful Death Act who can legally file a wrongful death claim. This claim is, however, filed on behalf of a victim’s surviving beneficiaries. This can include:
- A spouse
In general, immediate family members are eligible to file a wrongful death lawsuit as long as they meet the definition spelled out in the Act.HOW LONG DO YOU HAVE IN TEXAS TO FILE A WRONGFUL DEATH LAWSUIT?
Texas has enacted a two-year statute of limitations for filing wrongful death and personal injury claims. You have two years from the date of the wrongful death to launch a lawsuit.
If you believe you have a plausible wrongful death case, you should not put it off until the last minute.
In some situations, a person may be involved in an accident that results in injuries that do not result in death right away. In certain cases, the one-year time limit for filing a wrongful death claim begins on the date the person dies.
The deceased has a survival claim. This is distinct from a wrongful death claim, which can be made by the estate of the deceased for damages. The damages recoverable in a survival claim must be paid to certain categories of people as defined in Texas CPRC Chapter 71 and clarified in Texas by subsequent case law.
In a Texas Survival Act case, the following damages are allowed. In your case, an Arlington wrongful death lawyer can evaluate which damages fall under these categories:
- Pain and suffering, as well as mental anguish, are among the first things that come to mind. In a survival case, damages for grief and mental anguish are recoverable to the extent that the decedent was aware of his or her impending death.
- Expenses for medical treatment. In a survival action, reasonable medical expenditures are recoverable.
- Expenses for the funeral. In a survival cause of action, funeral and burial expenses are recoverable.
- Damages that are exceptional. When appropriate, exemplary damages might be recovered as a survival action.
- Interest, Court Fees, and Attorneys' Fees Court expenses, as well as prejudgment and post-judgment interest, might be recovered. Attorneys fees may be recoverable if the case comes under the DTPA, but in most personal injury lawsuits in Texas, attorneys' costs are not recoverable.
- Damages are split among the estates (heirs). Damages in a survival case belong to the estate and are dispersed to individuals who would have gotten them if the decedent had gotten them right before his or her death. If the decedent dies intestate, the proceeds are dispersed to the heirs pursuant to the decedent's will or the laws of descent and distribution.
- Damages are subject to the Survival Statute's debts. Damages in a survival action are limited by the debts owed by the deceased (unlike damages in a wrongful-death action, which are not).
Close family members or an estate representative file survival claims. A probate court can also appoint someone to sue on behalf of the estate in a survival lawsuit.
The amount of wrongful death compensation available to families in Arlington and throughout Texas varies substantially from case to case. The Texas Wrongful Death Act and the Texas Survival Statute allow the family of someone who has died as a result of negligence or an intentional act to seek compensation. When the Law Office of Doug Goyen takes on these types of cases, we usually seek compensation for the following:
Damages for Wrongful Death Statute (Damages to the family – spouse, children, parents):
- Pecuniary losses (these are financial losses suffered by those covered by the Act).
- Damages caused by mental suffering.
- The loss of friendship and society, as well as
- The loss of friendship and society, as well as
- Wrongful death compensation is not offset against the estate's debts.
Damages under the Survival Statute (damages the deceased could have gotten if they had lived):
- Pain and Suffering;
- Mental Anguish.
- Expenses for medical treatment.
- Funeral Expenses.
- Punitive or Exemplary Damages
- Damages are divided among the estate (heirs) in accordance with any will, or if none, according to Texas statutes of descent and distribution.
- Survival damages are subject to the estate's debts.
If the at-fault party's behavior was intentional or malicious, we may additionally seek exemplary or punitive damages.
After a loved one has died, begin fighting for the compensation you and your family deserve. Please do not hesitate to contact one of our knowledgeable and experienced attorneys. We look forward to learning more about your case and putting together a winning strategy for you.
The statute of limitations in Texas for wrongful death cases is two years from the day of the death, according to the Texas Wrongful Death Act (typically this is the date of death with regards to the Wrongful Death Act). If the case isn't settled or a lawsuit isn't filed within two years, you'll lose your right to submit a claim forever.
The Texas Survival Statute, on the other hand, has a two-year statute of limitations from the date of the occurrence that produced the damage that resulted in the decedent's death. This is frequently not the same as the decedent's actual death date. An accident could happen, and the victim could live for days, weeks, months, or even years before succumbing to the damage. As a result of the improper act that caused the death, there are two separate statutes of limitations for the various grounds of action available.
It's all too easy to put off engaging an attorney for your wrongful death claim until the statute of limitations has passed, especially when you're dealing with the devastating pain of losing a loved one. We recommend that you retain the services of a qualified wrongful death attorney as soon as possible following the accident.
Delay makes it more difficult to establish your case. The longer it takes after an accident to obtain the essential proof, the more difficult it becomes. The longer you wait, the more difficult it will be to find witnesses. It's possible that crucial evidence will be lost or destroyed. It can also be difficult, if not impossible, to identify accountable parties at the last minute if you wait too long.FREE CASE REVIEW
If you or someone you know needs the assistance of an Arlington wrongful death lawyer call (972) 599 4100 for a free consultation and a free strategy session regarding your case. The strategy session includes a summary of your case, identification of the legal issues involved with your case, and identifying those legal issues that will help maximize your recovery in your case. We will email a copy of this strategy session to you for you to keep. Call us today. There is no fee unless you win.
Contact our office for a free consultation with an Arlington accident attorney regarding your wrongful death case. If it was caused by negligence or wrongdoing the beneficiaries and the estate need to be compensated and paid for their loss.
Law Office of Doug Goyen
15851 Dallas Pkwy #605
Addison, Texas 75001
(972) 599 4100 phone
(972) 398 2629 fax
Directions to our office: We are on the southbound side of the service road to the Tollway. Stay on the Dallas North Tollway until you come to the Keller Springs exit. Take the Keller Spring exit. Stay on the service road on the southbound side and go just past Keller Springs. Our office is the 2nd building south of Keller Springs, located on the service road to the North Dallas Tollway in the Madison Business Center on the 6th floor.
By Doug Goyen, firstname.lastname@example.org
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