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Plano Wrongful Death Lawyer
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Experienced Wrongful Death Lawyer In Plano, TX
Losing a loved one in a tragic accident brings immense sorrow to the family. The added burden of navigating wrongful death insurance claims can compound this pain. At JML Injury Law, we understand the deep distress you’re going through. We believe in giving you the space to grieve without the added stress of dealing with insurance adjusters. Wrongful death cases are emotionally charged and raise the stakes significantly. That’s why our experienced Plano wrongful death lawyer is dedicated to standing by your side during these heart-wrenching times, fighting tirelessly on your behalf. Contact our personal injury team now at (214) 764-3600 for a free consultation.
Wrongful Death Claims In Texas: What You Need To Know
Determining wrongful death involves linking a person’s carelessness or criminal actions to the victim’s unfortunate demise. In Texas, there are specific regulations empowering those who have lost loved ones to pursue legal action after unforeseen events. It’s vital to remember that each state has its own laws on wrongful death, highlighting the need for an experienced wrongful death attorney in Plano, TX. This legal professional can help navigate the complexities of the process.
Wrongful death doesn’t cover every situation leading to loss of life but focuses on proving the reckless or negligent behavior of the responsible party in court. While various incidents may fit this category, some are more apparent than others.
Top Causes Of Wrongful Death Claims
Wrongful death can happen due to various factors, particularly in one of the largest states in the US. Here, we shed light on some prevalent causes that result in these tragic incidents:
- Car accidents
- Premises liability
- 18 wheeler crashes
- Motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Dangerous or defective products
- Medical malpractice
Survival Damages In Texas
Survival damages in Texas refer to the compensation granted in a “survival action.” This legal recourse is initiated by the deceased individual’s estate to seek redress for the losses and damages that the deceased would have been eligible to receive if they had survived the incident. Essentially, a survival action allows the deceased person’s claim to continue after their passing, empowering their estate or personal representative to pursue it on their behalf. The following survival damages encompass a variety of potential losses and damages.
- Medical costs accrued by the deceased due to the fatal injury.
- Pain and suffering endured by the deceased before passing away.
- Lost income or earning potential from the injury occurrence to the moment of death.
It’s important to differentiate between survival damages and damages awarded in a wrongful death claim. In Texas, wrongful death claims are filed by eligible family members to recover losses they suffered personally due to the death. Conversely, survival actions focus on the losses experienced by the deceased before their passing.
Understanding The Statutes Of Limitations For Wrongful Death Claims In Texas
In Texas, wrongful death claims fall under two statutes of limitations. The first pertains to the claim the deceased person could have made, while the second concerns the plaintiff’s wrongful death claim. Typically, a plaintiff has a two-year window from their loved one’s passing to file the claim. However, exceptions may apply based on the case’s particulars.
Statutes Of Limitations For Minors In Wrongful Death Claims
When a wrongful death claim involves a minor, the statute of limitations may be prolonged. This is because minors lack the legal capacity to initiate a lawsuit, potentially preventing them from filing a claim within the standard two-year timeframe. In such instances, the deadline for submitting a wrongful death claim could be extended until the minor reaches the age of majority, typically at 18 years old. This extension grants minors the chance to seek compensation for their loss when they are legally able to do so.
Wrongful Death Claims Involving Multiple Defendants
In some instances, there might be multiple defendants implicated in a wrongful death case. This complexity can prolong the legal proceedings and potentially extend the statute of limitations. In Texas, if multiple defendants are involved, each defendant is granted a two-year window from the deceased individual’s date of death to be legally pursued.
Consequently, even if one defendant is sued within the two-year timeframe, another defendant could still face legal action after this period lapses. It is crucial for plaintiffs to understand this dynamic when evaluating their legal avenues and seeking justice in a wrongful death lawsuit.
Eligibility To File A Wrongful Death Lawsuit In Texas
Losing a loved one due to someone else’s negligence can compound the tragedy. If you’ve faced such a loss in an accident caused by another, you might have the option to pursue a wrongful death lawsuit. Wrongful death laws typically extend this right to immediate family members like the spouse, children, and parents. In Texas, for instance, these are the eligible beneficiaries who can bring forth a wrongful death lawsuit. To assess your eligibility for filing a wrongful death claim, seeking guidance from a qualified wrongful death attorney in Plano, TX is recommended.
Contact Our Wrongful Death Lawyer in Plano, TX Today
At JML Injury Law, we understand the profound sorrow that comes with the sudden loss of a loved one. Our compassionate team is devoted to constructing a strong case for you and your family, empowering you to focus on what truly counts during this difficult time. To initiate a free case evaluation and commence preparations against the responsible party, contact our Plano wrongful death lawyer now at (214) 764-3600 to learn more about how we can help.