Nothing is more tragic than the unexpected loss of a loved one – especially if their death was preventable. Someone injured in an accident has the right to file personal injury claims to right the situation, but what happens if they pass away from their injuries? If you’ve lost a loved one due to someone else’s negligence in Texas, you need the guidance of a seasoned wrongful death attorney to help you through this painful process and fight for what is right.
Grubbs Law Firm has advocated on behalf of Texas families dealing with wrongful death cases for nearly two decades. Our diligent team works hard daily to make the best of a bad situation for the clients who put their trust in us. We understand the hardships that befall close family members during a wrongful death lawsuit, and we’re committed to standing by your side every step of the way. Your initial consultation is free, and our fees are contingent on winning your case or securing a favorable settlement. Contact us today to learn more about how our team can help.
Wrongful Death Lawsuits in Texas
Wrongful deaths occur when another party’s wrongful act, neglect, or carelessness causes a person’s death. This can encompass a wide range of situations, from medical errors to criminal acts, each with unique legal challenges and implications to consider when starting a claim.
The law in Texas is specific about who can file a wrongful death claim. The surviving spouse, children, and parents of the deceased are eligible, while siblings and other relatives are typically not. Personal representatives of a deceased’s estate may also bring a wrongful death action if sufficient time has passed without surviving relatives beginning the process.
Some of the most common causes of wrongful death in Texas include:
- Vehicle accidents caused by reckless, distracted, or intoxicated driving
- Workplace accidents, particularly in high-risk industries
- Defective medical devices leading to fatal injuries
- Criminal acts, such as aggravated assault or intentional homicide
Pursuing a wrongful death claim can be emotionally taxing and legally challenging. Insurance companies will do everything in their power to argue their complete innocence or limit their amount of financial liability. If you have lost a loved one due to wrongful death in Texas, reach out to Doug Grubbs to explore your legal options and potential paths for seeking justice and compensation.
Process of Proving Wrongful Death in Texas
The process of proving wrongful death in Texas begins with establishing the essential elements that constitute a wrongful death claim, followed by gathering evidence, building a strong case, and, if necessary, presenting it in court. Here’s a step-by-step guide to the process:
- Identifying the Responsible Party:Determining who is legally responsible for the death is the first step. This could be an individual, a company, or a group of people who conspired to commit a criminal act.
- Establishing Negligence:Proving that the responsible party’s negligence or misconduct led to the death is necessary when arguing wrongful death cases. This may involve demonstrating a breach of duty, such as a doctor’s failure to provide proper care or a driver’s reckless behavior toward the public.
- Collecting Evidence:Gathering all relevant evidence, including medical records, witness statements, police reports, and expert testimony, is vital to building a robust case that stands up to scrutiny.
- Calculating Damages:Assessing the financial and emotional impact of the death on the surviving family members helps in determining the amount of compensation available to fight for. This can include funeral expenses, loss of income, and emotional suffering.
- Filing the Claim:Initiating the legal process involves filing the wrongful death claim with the appropriate court. Timely filing is essential, as Texas law imposes strict deadlines regarding the statute of limitations – only two years.
- Negotiating with Insurance Companies:Many wrongful death claims are settled before they reach court through negotiations with insurance companies. An experienced attorney can negotiate on your behalf to counteract any tricks by the company and acquire a fair settlement.
- Going to Trial (if necessary):If a settlement cannot be reached, the case may go to trial. You will have to present evidence and argue the case in court, persuading a judge or jury of the responsible party’s liability.
While you can go through this process alone, the importance of having an experienced wrongful death attorney is crystal clear. An attorney with expertise in Texas wrongful death law will work tirelessly on your behalf, allowing you time to grieve and recover from this traumatic experience. If you find yourself facing a wrongful death claim in Texas, reach out to Grubbs Law Firm to ensure that you have the support and representation of an experienced firm from day one.
Compensation Available in Wrongful Death Lawsuits
While no amount of money can truly compensate for losing a loved one, the legal system aims to provide financial relief and a sense of justice.
Types of compensation may include:
- Medical Expenses: Any medical costs incurred before the loved one’s death, including hospital bills, surgeries, and treatments.
- Funeral and Burial Costs: Expenses related to the funeral and burial of the deceased.
- Lost Income and Earning Capacity: Compensation for the lost wages and future earning potential of the deceased, considering their age, occupation, and expected career trajectory.
- Loss of Consortium and Companionship: Reflecting the emotional loss suffered by the spouse and family, including the loss of love, support, guidance, and companionship.
- Pain and Suffering: Compensation for the anguish and emotional distress experienced by the family due to the loss.
At Grubbs Law Firm, our goal is to assist you in moving forward with your life by securing just compensation. Contact us today to discuss your specific situation and explore the legal options available.
Legal Considerations of Wrongful Death Cases in Texas
The statute of limitations sets a strict deadline for filing a wrongful death claim in Texas. In most cases, the claim must be filed within two years of the person passing away. If you fail to begin the claim process in this time frame, you may forfeit your right entirely, making timely action essential.
When someone’s actions result in the death of another person, they may face both civil and criminal liability. While criminal cases focus on punishing the wrongdoer through fines or imprisonment, civil wrongful death claims aim to provide compensation to the surviving family members. The standards of proof and legal procedures also differ, meaning someone may be found civilly liable while escaping jail time.
Attorneys help you navigate through these issues, but the decision to hire an attorney is not just a legal one; it’s a personal one. Finding someone who understands your loss, shares your pursuit of justice, and is committed to standing by your side every step of the way should be a top concern. Contact Doug Grubbs today to learn how he can help you through your loss.
Contact a Texas Wrongful Death Lawyer Today
We know that the loss of a loved one can make your world come to a standstill. Our team is ready to help, but you have to take the first step and reach out. If your loved one lost their life due to someone else’s negligence in Texas, Grubbs Law Firm is here to provide support and top-notch legal representation.
Doug Grubbs understands the importance of giving our clients’ cases the time and dedication they deserve. Our team will thoroughly review your case and strategize the best way to find success, always keeping you in the loop. Our consultations are free, and you never have to pay unless we take you on as a client and secure compensation through negotiations or court judgments. Don’t suffer in silence – contact us today.