Wrongful Death Law Firm
A wrongful death claim is one that arises from the death of an individual that was caused by the negligence or intentional conduct of another person. These types of claims are different than other types of personal injury lawsuits because the person(s) bringing the lawsuit is not the actual victim, but the family members or the victim’s estate. Most deadly accidents are preventable tragedies that occur because of a reckless disregard for the safety of others or an intentional act that cost someone their life. At Rad Law Firm, we understand how difficult these situations are and that you may not know where to turn after the sudden or unexpected loss of a loved one. Due to the complicated nature of these types of cases, it is imperative that you have a knowledgeable wrongful death attorney by your side.
Before moving forward with a wrongful death lawsuit, negligence must be established. It is important to note that a natural death that could not be prevented is not considered wrongful death. Only in the event that another party’s negligence or reckless actions caused the loss of life can those responsible be held accountable.
Wrongful Death is a death that could have been prevented or was the result of negligence or intentional harm on behalf of another individual or company. If the offending person or company could have taken more care to prevent the death, you may have a Wrongful Death case and speaking to an attorney would be advisable.
Who Can File a Wrongful Death Case in Texas?
The surviving spouse, adult children or parent to the deceased person may file a wrongful Death claim in the state of Texas.
Wrongful Death claims can also be filed by a legally adopted child or the parent of the adopted child can file a claim with the death of their adopted child.
Who cannot file a Wrongful Death claim?
Siblings cannot file a claim on another sibling, weather biological or adopted.
A person who has been adopter cannot file a claim for the wrongful death of their biological parent.
What kind of damages can one expect in a Wrongful Death case in Texas?
- Loss of income and earning capacity
- Mental and emotional distress, pain and suffering
- Lost inheritance, including the earning potential for an average lifespan
- Lost love, comfort and companionship
- Medical and funeral expenses
- Lost care, maintenance, support and advice the deceased would have provided the family
- Punitive Damages or exemplary damages. Punitive damages are intended to send a message that this gross negligence or intentional wrongdoing will not be tolerated.
Proving Negligence is the key to a wrongful death claim.
You must be able to prove negligence meaning that someone didn’t do something that they should have done or someone did something they shouldn’t have done and these actions led to a death.
There are 5 elements to a negligence case:
- Duty - requiring the defendant to act in a certain manner, often with a standard of care, toward the plaintiff
- Breach of duty - defendant breaches a duty by failing to exercise reasonable care in fulfilling the duty
- Cause in Fact – The defendant’s actions or lack of actions were the direct result of the injury and death.
- Proximate Cause - The defendant in a negligence case is responsible for those harms that the defendant could have foreseen through his or her actions.
- Damages – Physical Injury oy property damages
Statute of Limitations on Wrongful Death claims.
In Texas there is a 2 year statute of limitations for filing a Wrongful Death case. There may be exceptions to this rule that your lawyer can explain. But it is best to file as soon as you can.
If you'd like a free and confidential consultation with a wrongful death lawyer in Dallas, call Rad Law firm at 972-661-1111
The consultation is free and you are under no obligation.