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Wrongful Death Lawyers
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Texas Wrongful Death Lawyers
Losing a loved one is one of the most difficult experiences we each endure. When that loved one is lost due to the negligence of someone else, it can be even more difficult.
At Snellings Law PLLC, our goal is to step into action immediately and take the additional difficulties of having to deal with negligence claims off our clients’ minds so that they can focus on grieving for their loved ones.
Our wrongful death lawyers in Texas have guided numerous wrongful death claims that have resulted from car accidents, truck accidents, motorcycle accidents, and more through the litigation process and are experienced with all of the difficulties that can arise.
If you have lost a loved one due to someone else’s negligence, please call us today. We will evaluate all potential actions to pursue and provide you with the guidance you need to move forward.
What is Wrongful Death?
Chapter 71 of the Texas Civil Practice and Remedies Code states that certain members of a person’s family could file a wrongful death lawsuit if the deceased died due to another person’s wrongful act, neglect, carelessness, unskillfulness, or default. To successfully pursue such a lawsuit, it is essential to establish four key legal elements:
- Duty of Care: The defendant must have owed a duty of care to the deceased. This means that the person or entity being sued had a legal obligation to ensure the safety or well-being of the victim. For instance, a motorist has the duty to drive responsibly and follow traffic laws.
- Breach of Duty: There must be evidence that the defendant breached this duty of care. This breach could occur through negligent or reckless actions, such as driving under the influence of alcohol or drugs, which clearly violates traffic safety regulations.
- Causation: It must be demonstrated that the defendant’s breach of duty directly caused the death of the deceased. For example, if the breach involved a car accident, there should be a direct correlation between the defendant’s actions and the fatal outcome.
- Damages: Finally, the plaintiff must prove that the death resulted in specific damages. These can include medical costs, funeral expenses, loss of income, loss of companionship, and more, which are all financial and emotional burdens borne by the deceased’s family.
Wrongful death can occur in many circumstances, including car accidents, truck accidents, motorcycle accidents, premises liability, workplace accidents, and more. Wrongful death claims are civil claims and differ from other negligence claims. There are different causes of action available to the claimants, as well as different damages.
For more information on wrongful death claims, read our blog, “What is wrongful death?”
You can also download our Wrongful Death Guide.
Who can Bring a Wrongful Death Claim?
In the state of Texas, as in most other states, certain surviving family members may bring forth a wrongful death lawsuit. The decedent’s spouse, biological or adopted children or parents can file a wrongful death claim according to Chapter 71 of the Texas Civil Practice and Remedies Code. The wrongful death statute does not allow claims to be made by siblings, stepchildren, grandparents, aunts/uncles, or anyone else.
Where the deceased was unmarried and without children at the time of death, the parents or the estate itself can take action. If no estate is already established, which is essential for pursuing and recovering any pre-death or survival damages, one will likely need to be opened.
What Type of Damages are Recoverable?
Wrongful death plaintiffs may be able to recover the following types of damages under Texas law:
- Pecuniary losses such as funeral expenses, psychological treatment, and loss of services; these encompass both immediate and ongoing financial burdens that the deceased would have contributed toward, including lost wages and benefits and support for household tasks.
- Mental Anguish includes the profound emotional suffering that family members endure following their loss, impacting their overall mental health and emotional stability.
- Loss of companionship and society reflects the deprivation of the love, comfort, and fellowship the deceased provided and which deeply affects the surviving family’s social and emotional well-being.
- Loss of inheritance accounts for the potential future earnings and benefits that the deceased would have been likely to save and leave to their heirs.
Exemplary damages are awarded in cases of gross negligence or malicious intent to punish the wrongdoer and deter similar conduct in the future.
There are additional damages recoverable for the deceased’s survival cause of action as well. For a survival action to be successfully pursued in Texas, the following elements must be demonstrated:
- As the plaintiff, you represent the decedent’s estate.
- The deceased had a personal injury cause of action.
- The deceased would have been able to sue for personal injury if they had lived.
- The defendant’s wrongful act caused the victim’s injury.
At Snellings Law PLLC, our wrongful death lawyers in Texas are experienced in fighting for each and every element of damages available to the family who lost a loved one due to someone else’s negligence.
Type Of Wrongful Death Cases
Wrongful death can occur in many circumstances, including:
- Car accidents
- Truck accidents
- Commercial vehicle accidents
- Motorcycle accidents
- Workplace accidents
- Product liability
- Pedestrian accidents
Our wrongful death lawyers in Texas have handled wrongful death cases arising from 18-wheeler crashes, car crashes, bus crashes, DWI crashes, truck accidents, and motorcycle crashes, among others.
At Snellings Law PLLC, we will handle all the details. We help set up the claim, guide it through the litigation process and trial, and help the family sort through the medical expenses and other monetary issues after the claim or lawsuit is resolved.
Filing a Wrongful Death Claim
In a wrongful death case, the defendant must prove that negligence occurred based on a “preponderance of evidence.” This is a significantly different standard of proof from a criminal trial, where the standard of proof is to find the defendant guilty “beyond a reasonable doubt.”
To prove there was negligence and recover compensation, there will be an investigation. You and your attorney will gather evidence, including medical records, police reports, pictures of the scene, and witness statements. Your attorney will also help establish and document the damages you’ve suffered from your loved one’s passing.
It is so important to find a capable wrongful death attorney to handle your case. Attorneys that do not have experience in prosecuting wrongful death claims may not have the necessary knowledge to obtain the full value of a claim.
At Snellings Law PLLC, our wrongful death attorneys have handled numerous wrongful death lawsuits and are well-versed in making sure we obtain the best possible recovery for the loved one’s family. We set a goal to treat each and every client as if they were our own family members and to provide a level of service that surpasses everyone else.
Time Limits in Wrongful Death Claims
The statute of limitations to file wrongful death claims in Texas is typically within two years of the deceased’s death. rule, so you’ll want to consult an experienced wrongful death lawyer to see if your case applies.
Additionally, it’s important to note that while the statute of limitations for wrongful death claims is two years from the date of death, the timeframe for filing a survival claim in Texas also follows a two-year limitation. However, for survival claims, period typically begins not from the date of death but from the day the deceased was injured. This distinction is crucial as it affects the timing for initiating legal proceedings.
Given these nuances, it is advisable to seek guidance from a lawyer experienced in survival claims to ensure that all legal requirements are met and actions are initiated within the appropriate timelines.
Frequently Asked Questions
The four critical elements include establishing a duty of care, proving a breach of that duty, linking the breach directly to the cause of death, and demonstrating the resultant damages.
The plaintiff needs to show tangible and intangible losses resulting from the wrongful death, including financial hardships, emotional distress, and loss of companionship.
It must be demonstrated that the negligent action directly caused the fatal incident, such as an intoxicated driver causing a crash that resulted in death.
The defendant must have failed to uphold their duty of care through negligent actions or failing to act as a reasonably prudent driver. Some examples of failing to act like a reasonable prudent driver include, speeding, disregarding stop lights, driving distracted, driving while intoxicated, failing to look before changing lanes, and following too closely.
The defendant must have had a legal duty to act with care towards the deceased, such as a driver’s responsibility to adhere to traffic laws and drive responsibly.
No, for survival claims, the statute of limitations does not start on the day of death, but rather on the day the injury occurred or was discovered.
It is advised to consult a lawyer experienced in survival claims as soon as possible.
The time limit for filing survival claims in Texas is typically two years from the date of the injury.
Given these nuances, it is advisable to seek guidance from a lawyer experienced in survival claims to ensure that all legal requirements are met and actions are initiated within the appropriate timelines.
The statute of limitations typically begins on the day the injured party was hurt.
Given these nuances, it is advisable to seek guidance from a lawyer experienced in survival claims to ensure that all legal requirements are met and actions are initiated within the appropriate timelines.
In such cases, the parents of the deceased or the estate itself can initiate the wrongful death lawsuit.
Beyond financial support, the lawsuit can also offer the survivors a sense of justice and closure by holding the responsible party accountable for their actions.
Wrongful death lawsuits provide monetary damages to the family, which can include loss of income, funeral costs, and compensation for emotional distress.
The financial goal is to ensure that the negligent parties provide compensation to the deceased’s family, helping them cover expenses and losses associated with their loved one’s death.
These lawsuits formally charge the defendants with negligence or wrongdoing that led to the death, seeking a legal judgment to establish their liability.
Our Wrongful Death Lawyers in Texas are Here to Help
When a death in the family occurs, the emotional pain is intense and overwhelming. Grief is a powerful emotion, and it can be overpowering and debilitating at the beginning stages.
When dealing with grief from a wrongful death, it’s important to allow yourself the time and space to feel your emotions. Grief is a process, so find a support system, talk to a mental health professional, and prioritize yourself and your emotional healing.
At Snellings Law, we know that, for the family, grief is the most difficult part of a wrongful death. Our wrongful death attorneys seek to help families affected by wrongful death so that they can focus on dealing with their grief instead of worrying about finances.
It’s important to seek the help of an attorney when filing a wrongful death claim. The right wrongful death attorney will help you file your wrongful death claim, protect your financial interests, recover compensation, and get the justice you deserve for your loved one. By seeking the help of a Texas wrongful death attorney, these responsibilities will be taken off your plate so that you can focus on grieving, honoring your loved one, and spending time with your family and friends.
The wrongful death attorneys at Snellings Law are passionate about helping the surviving family members of wrongful death victims in Frisco, Sherman and surrounding areas in Collin, Denton, Dallas and Grayson Counties.
We are here to answer your questions about wrongful death claims. You can schedule a free strategy session with us to determine if you need assistance. If so, we are contingency-based, and you do not pay us unless we win your case.
You can contact us today to set up an appointment with one of our wrongful death lawyers and discuss the next steps in your case.
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