Trujillo & Sanchez Law Firm
Wrongful Death lawsuit
WRONGFUL DEATH LAWSUIT ATTORNEYS IN TEXAS
If a person dies due to the misconduct or negligence of another, family members or survivors may sue for wrongful death in Texas. This type of lawsuit seeks compensation for the survivors’ losses. Typical losses may include loss of companionship, lost wages, and funeral expenses, among others.
We understand that no amount of money can take away your grief over the loss of your loved one. The survivors often experience financial hardship after the untimely death of a close relative. One of our wrongful death lawyers in Texas can work to go after money damages that could help your family rebuild their lives.
Examples of wrongful death may involve a driver in a motor vehicle accident, a bartender who served alcohol to a person who later drove, a doctor or health professional who engaged in malpractice, or a business owner who failed to maintain his/her property, which then resulted in an accident. As with general personal injury claims, many types of incidents can form the basis of a wrongful death claim in Texas, including:
Incidents based on negligence (such as motor vehicle accidents)
Intentional acts (including crimes)
Also, dangerous medical devices and prescription drugs can be the reason for a wrongful death claim. In those cases, defective design, failure to adequately warn consumers of the actual risk of the product, and making false claims about the effectiveness of the product to induce people to purchase and use the item could form the grounds for the manufacturer’s liability.
These are but a few examples of situations that can lead to the wrongful death of someone.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas law, you may file a wrongful death lawsuit in the state’s civil courts if you’re a:
- Surviving spouse,
- Parent of the deceased, or
- One or more of these persons on behalf of all of them.
It’s extremely important to file the wrongful death claim within three months of the date of death. If the spouse, children, or parents don’t file, the deceased’s personal representative (sometimes called the “executor”) or the administrator of the deceased’s estate may file, unless all surviving family members listed above request not to file the wrongful death claim.
What Types of Damages Can You Claim in a Wrongful Death Case in Texas?
Damages due to a wrongful death in Texas can compensate for a variety of losses. This compensation is granted to a surviving spouse, children, and/or parents, and they may include:
- Lost earning potential. The decedent can no longer earn paychecks to contribute to the financial support of the family.
- Loss of the care, maintenance, services, support, and advice that the deceased would have provided his/her surviving family members. For example, if the deceased person did not receive paychecks, you could claim the value of the services provided for the family, like raising the children, cooking meals, and performing housekeeping tasks, by looking at the cost of hiring someone to perform those tasks.
- Mental pain and anguish experienced by the surviving family.
- Loss of love, companionship, comfort, and partnership, as well as lost inheritance, including what the deceased would likely have saved and left to surviving family members had he/she lived.
In addition, if the death was the result of an “intentional act or oversight, or gross negligence,” you may be able to claim exemplary damages, sometimes called “punitive damages.” The purpose of exemplary damages isn’t to compensate the family for losses associated with the death, but to punish the wrongdoer and deter other parties from engaging in similar conduct.
You Will Not Have to Pay Upfront Fees to Hire Our Wrongful Death Attorney
Wrongful death cases are a type of personal injury claim. We handle wrongful death and other personal injury cases on a contingency-fee basis. With this kind of fee arrangement, you do not pay us any money at the beginning of or during the case. We wait until the end of the claim to get paid a portion of the settlement proceeds or jury award.
If we decide to represent you, it will be because we believe in the strength of your claim. There are no guarantees in litigation, but we promise to fight tirelessly for you.
Why do You Need a Lawyer to Get Wrongful Death Compensation in Texas?
A wrongful death attorney with our firm can be a great source of grief support after the tragic loss of a loved one. Specifically, this attorney will be able to think clearly and focus on the law to build the strongest possible case. With extensive experience, a wrongful death attorney knows how to properly assess the claim.
This attorney will thoroughly evaluate the situation and the different ways the surviving family members have been affected by this loss, so that relevant compensation can be sought. In doing so, they can:
Gather evidence and review your late loved one’s medical reports
Study relevant laws and ordinances to help you explore your legal options
Stay in touch with the other party’s insurance company and legal team
Establish the at-fault and liable parties
Evaluate your damages and pursue the final amount from the insurer
Enter into settlement negotiations
Go to a jury trial if we cannot reach a settlement agreement with the insurer
At Trujillo & Sanchez, P.C., you’ll find the personal injury and wrongful death attorney you need to file a claim for compensation. While they handle all the legal aspects of your case, they will also provide you with quality client care. That includes answering your questions right away and giving you regular updates on the progression of your wrongful death case. You’ll always be involved in your claim with us on your side.
What Wrongful Death Compensation Can We Get for You?
The damages that a wrongful death attorney can pursue vary depending on the family member who has filed the lawsuit, as well as the age, earning capacity, and life expectancy of the deceased. Compensation may include:
- Medical expenses incurred by the deceased prior to death
- Funeral and burial expenses
- Lost financial support of the deceased
- Lost prospect of inheritance
- Loss of consortium
- Pain and suffering
Depending on your situation, you might be able to pursue additional money damages in a wrongful death claim.
What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Texas?
A wrongful death case in Texas must be filed within a certain period of time, set by a law called the “statute of limitations.” In Texas, it declares that the lawsuit must be filed within two years of the person’s death.
At the Law Offices of Trujillo Sanchez, we’ll fight to get you the maximum wrongful death compensation benefits possible. We’ve recovered over $500 million in damages for our clients. The expenses associated with the loss of a loved one can be high, so you won’t pay us unless we win your case.
Call now for a free consultation. If we don’t win, you don’t pay us!
A wrongful death case in Texas must be filed within a certain period of time, set by a law called the “statute of limitations.” In our state, Texas Civil Practice and Remedies Code §16.003 declares that the lawsuit generally must be filed within two years of the person’s death. If you miss the filing deadline, you could forever lose the right to seek compensation from the liable party.
Get in Touch With Trujillo & Sanchez, P.C. for Help With a Wrongful Death Case
At Trujillo & Sanchez, P.C., we’ll fight to get you the maximum wrongful death compensation benefits possible. We’ve recovered over $500 million in damages for our clients. The expenses associated with the loss of a loved one can be high, so you won’t pay us unless we win your case.
We treat our wrongful death clients with the respect and compassion they deserve. We will listen to you and answer your questions. You can connect with us today at (972) 529-3476 to get started on your case. Call now for a free consultation. If we don’t win, you don’t pay us!