Frisco Wrongful Death Lawyer
Compassionate Wrongful Death Lawyer In Frisco, TX
When a loved one tragically passes away due to an accident, their family is burdened with immense sorrow and agony, compounded by the concerns of pursuing wrongful death insurance claims. At JML Injury Law, we understand the profound distress experienced during this time and recognize the importance of allowing you the space to grieve without the added pressure of dealing with insurance adjusters. Wrongful death cases intensify emotions and unfortunately, heighten the stakes. Thankfully, our experienced Frisco wrongful death lawyer is here to support you through these heart-wrenching circumstances, tirelessly fighting on your behalf. Contact our personal injury team now at (214) 764-3600 for a free consultation.
Understanding Wrongful Death Claims In Texas
Determining what constitutes wrongful death is most effectively accomplished by attributing a person’s carelessness or criminal behavior to the unfortunate demise of the victim. In Texas, there exist regulations that empower individuals who have suffered the loss of a loved one due to unforeseen circumstances to pursue legal recourse. It is crucial to bear in mind that each state has its own set of laws pertaining to wrongful death claims, underscoring the importance of engaging the services of a knowledgeable wrongful death attorney in Frisco, TX who can navigate these nuances and guide you through the claims process.
It is worth noting that wrongful death, in its broadest sense, does not encompass every situation resulting in the loss of life. Rather, it requires establishing the reckless or negligent conduct of the party at fault, which must be proven in a court of law. While a range of mishaps may fall under this category, some are more evident than others.
Common Causes Of Wrongful Death
Wrongful death can occur for various reasons, especially in one of the largest states in the US. Below, we highlight some of the most common causes that lead to such tragic outcomes:
- Car accidents
- Premises liability
- 18 wheeler crashes
- Motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Dangerous or defective products
- Medical malpractice
Examples Of Wrongful Death Claims In Texas
Wrongful death claims can be brought forth by individuals in a multitude of situations. Among the most prevalent are the following two scenarios:
Fatal Motor Vehicle Accidents
If an individual loses their life in a traffic accident caused by another driver running a red light, it may be possible to initiate a wrongful death claim against the driver who violated traffic laws. Furthermore, if the same incident involves a faulty airbag that fails to deploy, it could also warrant an auto product liability claim against the vehicle and airbag manufacturer. It is imperative to seek guidance from a compassionate wrongful death lawyer in Frisco, TX who can assess the particulars of your case, as there may be multiple parties at fault.
Fatal Work Accidents
If an individual loses their life while on the job, there may be an opportunity to pursue a wrongful death claim against the party at fault, in addition to a workers’ compensation claim. For instance, if a company neglects the maintenance of equipment in a refinery, resulting in a fatal explosion involving a contract worker, it may be possible to initiate a wrongful death claim against the company.
Survival Damages In Texas
Survival damages in Texas pertain to the compensation awarded in a “survival action.” This legal claim is initiated by the estate of the deceased individual to seek reparation for the losses and damages that the deceased would have been entitled to receive had they survived the incident. Essentially, a survival action allows the deceased person’s claim to persist beyond their passing, enabling their estate or personal representative to pursue it on their behalf. The survival damages below encompass a range of potential losses and damages.
- Medical expenses incurred by the deceased person because of the injury leading to their death.
- Pain and suffering experienced by the deceased prior to their death.
- Lost wages or earning capacity from the time of injury until the time of death.
It is crucial to understand that survival damages are distinct from damages awarded in a wrongful death claim. Wrongful death claims in Texas are brought by eligible family members to seek compensation for the losses they personally endured as a result of the death. On the other hand, survival actions concentrate on the losses that the deceased person experienced prior to their passing.
Texas Wrongful Death Compensation, Children, And Guardian Ad Litem
When it comes to distributing compensation for wrongful death involving children, the law provides protection through the appointment of a guardian ad litem (GAL). Recognizing that children are not yet capable of acting in their own financial best interests, courts appoint a GAL to ensure that they are adequately represented and receive a just amount of compensation in cases of wrongful death.
Frequently Asked Questions
What Damages Can Be Recovered In Wrongful Death Cases?
Various types of damages can be recovered in a wrongful death case, and the Texas courts employ a comprehensive calculation system to determine the settlement amount. This formula takes into account factors such as the deceased person’s earning potential, past life expectancy, and other relevant elements specific to the case. When it comes to the various losses that can be compensated in wrongful death cases, the courts carefully consider a range of factors, including:
- Funeral and burial expenses
- Lost benefits (including retirement, pension, medical or health insurance coverage)
- Lost earnings
- Medical expenses left behind by the deceased
- Mental and emotional anguish
Who Is Eligible To File A Wrongful Death Lawsuit In Texas?
Losing a loved one due to someone else’s negligence can be an even more devastating tragedy. If you have experienced such a loss in an accident caused by another person, you may have the option to file a wrongful death lawsuit. Wrongful death liability laws often grant this right to close family members of the victim. For example, in Texas, eligible beneficiaries include the spouse, children, and parents. Typically, these individuals are the ones who can initiate a wrongful death lawsuit. To determine if you qualify to file a wrongful death claim, it is advisable to consult with a qualified wrongful death attorney in Frisco, TX.
What Are The Statutes Of Limitations For Wrongful Death Claims In Texas?
In Texas, wrongful death claims can be subject to two separate statutes of limitations. The first is the limitations period on the claim a deceased person could have filed. The second is the limitations period for the plaintiff’s wrongful death claim. Keeping these deadlines in mind, a plaintiff generally has two years from the date of their loved one’s death to file their claim.
Contact Our Frisco Wrongful Death Lawyer Today
At JML Injury Law, we empathize with the pain of losing a loved one unexpectedly. Our dedicated team is committed to building a compelling case on behalf of you and your family, allowing you to prioritize what truly matters during this challenging period. To initiate a free case evaluation and commence preparations against the responsible party, contact our Frisco wrongful death lawyer now at (214) 764-3600 to learn more about how we can help.