Wrongful Death Attorney in Dallas, Texas
The death of a loved one can be very emotional and painful, especially if such loss was caused by a preventable accident. If you believe that the wrongful, negligent, or reckless actions of someone else might have caused the untimely death of a family member, you may be eligible to seek fair compensation by filing a wrongful death claim against the responsible party.
At M Mathew Law Firm, PLLC, I have devoted my career to offering experienced legal services and advocating for the best interests of the family members of wrongful death victims. As an experienced Texas personal injury attorney, I can review and investigate all of the surrounding facts of your unique situation and enlighten you about your possible legal options to file a wrongful death claim.
My firm – M Mathew Law Firm, PLLC – proudly serves clients across Dallas, Texas, and the surrounding areas of Farmers Branch, Richardson, Grand Prairie, Irving, and Lewisville.
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Why File a Wrongful Death Claim?
Wrongful death can be described as an avoidable death caused by the carelessness, negligence, or wrongful act of another person. The purpose of the wrongful death claim is to hold the liable party responsible and compensate the surviving family members of the deceased person for a preventable accident that led to the person's death.
Though, there is no amount of money or financial compensation that will be sufficient to fill the void left by the deceased person. Nonetheless, filing a wrongful death claim can give the decedent's surviving loved ones a much-needed financial boost to help cover medical bills incurred prior to the victim's death, lost wages, burial costs, funeral expenses, and loss of consortium.
Thus, in the state of Texas, the family members of a deceased person can seek financial compensation for their loss by filing a wrongful death lawsuit. This will also help make sure such an ill-fated incident doesn't happen to another family or person.
What Constitutes Wrongful Death in Texas?
Under Texas law, wrongful death is a death caused by the "wrongful act, carelessness, neglect, unskillfulness, or default" of another. According to Texas Statutes Section 71.002, "a person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, carelessness, neglect, unskillfulness, or default."
Statute of Limitation for Filing
The statute of limitation of a wrongful death claim in Texas is two (2) years from the date the death occurred. This means that a wrongful death action must be brought within two years from the date of the decedent's death.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law – Texas Statutes Section 71.004(b) – a wrongful death claim can be filed by any of the following parties:
The deceased person's spouse
The decedent's parents
The decedent's children
An adopted child - if the adoption was legal and successful.
The personal representative of the deceased person's estate following three calendar months of the death
A knowledgeable attorney can enlighten you about what constitutes a wrongful death claim, help establish liability, and walk you through every legal step involved in the claims process.
What Needs to Be Proven to Constitute Wrongful Death?
In order to prove negligence and establish liability in a wrongful death case, the plaintiff must show the following:
The at-fault party owed the deceased person a legal duty of care
The at-fault party breached the expected duty of care
A death occurred
The defendant's wrongful actions caused the victim's death
The surviving loved ones suffered actual damages from the death
An experienced personal injury attorney can help file your wrongful death claim, prove negligence, and attempt to seek fair financial compensation for your loss.
The following damages may be recovered by filing a wrongful death claim in Texas:
Medical costs accrued prior to the victim's death
Lost wages or income and other benefits
Lost earning capacity
Lost household services
Loss of care, support, guidance, or counsel
Loss of love or companionship
Loss of consortium
Exemplary claims or punitive damages to further punish the liable party for their gross negligence or misconduct.
A skilled Texas wrongful death lawyer can fight diligently to protect your best interests and help you pursue the deserved financial justice and compensation for your unexpected loss.
How Legal Counsel Can Help
Losing a loved one to another person's wrongful actions can be an unsettling and overwhelming experience. Such an unforeseen loss can affect you financially, mentally, and emotionally. Thankfully, Texas wrongful death laws allow surviving loved ones to seek damages and hold the liable parties responsible. An experienced personal injury attorney can advocate for your legal rights and explore your possible legal options to pursue rightful compensation for your loss.
At M Mathew Law Firm, PLLC, I have the expertise and diligence to assist, support, and represent the family of wrongful death victims in their claims while they grieve. My in-depth knowledge of the laws and statutes addressing liability in wrongful death cases can help guide you through the overly-complicated processes involved in filing wrongful death claims.
Wrongful Death Attorney Serving Dallas, Texas
If you have lost a family member, parent, child, or spouse to someone else's wrongful act, you may pursue fair compensation. Contact my firm – M Mathew Law Firm, PLLC – today to schedule a simple case evaluation. I have the vigorous representation, personalized legal counsel, and dedicated support you need to pursue your wrongful death claims. My firm proudly serves clients across Dallas, Farmers Branch, Richardson, Grand Prairie, Irving, and Lewisville, Texas.