Bonham Wrongful Death Lawyer
Bonham Wrongful Death Lawyer
Any death is hard to deal with, regardless of the circumstances. But a sudden death, such as one caused by an act of negligence, a car, or an on-the-job accident, may be more difficult for a family to accept.
Like all states, Texas has statutes that apply to wrongful death claims. Under Texas law, living family members are allowed to sue for their damages when a person dies as a result of someone else’s negligent or intentional actions.
What Constitutes a Wrongful Death Lawsuit?
It’s considered a wrongful death in Texas if an individual dies from the misconduct or negligence of another person. It’s also a wrongful death if someone dies from injuries sustained from a car accident. Even though car accidents and motor vehicle collisions serve as the basis for many wrongful death claims in the U.S., some claims may also stem from the following:
- Dog bites
- Defective products
- Nursing home abuse
- Slips and falls
- Exposure to harmful substances such as asbestos
- Lack of adequate building security leading to deadly assault or injury
- Inadequate maintenance of the premises that results in a fatal accident
Texas law also allows for a Survival Action for the deceased. In such a case, the at-fault person may be legally responsible for injuries that they caused to the decedent, and that the decedent suffered between the time of the injury and death. The at-fault party’s insurance company may pay money for pain and suffering or cover ongoing medical expenses for the injured person. In a successful wrongful death suit, the court orders the defendant to pay financial compensation or “damages’ ‘ to survivors of the deceased person for their own injuries suffered as the result of the loss.
In a successful survival action, the estate of the deceased may also recover for the funeral costs, physical pain and mental anguish damages suffered before their death. Not all cases can have both a Wrongful Death and a Survival action, but your wrongful death attorney can investigate and determine how to proceed.
Who Can File a Wrongful Death Suit in Bonham, Texas?
Each U.S. state has individual laws that determine who may receive compensation for wrongful death, the duration to file the claim, and other vital details. Under the Texas Wrongful Death Statute, the deceased’s parent, children, and/or spouse may file a wrongful death lawsuit in the Texas civil courts. If the surviving individual family members do not file a wrongful death claim, an appointed executor or administrator of the deceased person’s estate may do so.
A verdict from a wrongful death lawsuit in Texas may compensate for several losses, including:
- Pain and suffering of family members
- The deceased’s burial and funeral expenses
- Compensation for companionship and support
- Payment in the amount the deceased would have earned as wages
- Lost inheritance, advice, counsel, and support, and what the deceased would have provided their surviving family members
Compensation is usually paid out as a lump sum or part of a structured settlement. Life expectancy, economic and non-economic, health, lifestyle, etc., are all considered when determining how much money the deceased family will receive.
How Do You Start a Wrongful Death or Survival Claim?
A wrongful death lawsuit must be filed in court within the time limitations stipulated by a law called a statute of limitations. In nearly all cases, the statute of limitations that applies to wrongful death claims in Texas states that family members of the deceased must file the claim within two years of the death. Meeting the burden of proof in a wrongful death case may be a long, arduous, and costly process.
You’ll need a wrongful death attorney to help you gather vital evidence, which may involve hiring expert witnesses to prove various elements of your claim. Investigating your case’s circumstances allows your lawyer to determine if liability exists and if the perpetrator meets the legal criteria for negligence.
During discovery, your Bonham wrongful death lawyer will evaluate your damages and determine a fair amount of compensation to seek on your behalf. When pursuing compensation, the lawyer considers the decedent’s income and average work/life expectancy at the time of death. In some cases, a wrongful death attorney may issue a formal demand letter, typically to insurance companies, requesting compensation to settle the claim. If they don’t agree to the terms stated in the demand letter, negotiation may begin until both parties achieve a fair settlement amount. Sometimes an agreement is challenging to reach even after several negotiations. If that’s the case, your lawyer can help you file a lawsuit and take your case to trial to pursue suitable financial recovery.
Let an Expert Bonham Wrongful Death Lawyer at Dale R. Rose, PLLC Fight for You
If you’ve lost a loved one from an accident involving the misconduct or negligence of another, you may be eligible for wrongful death compensation. The best thing you can do is leverage the knowledge and expertise of a Bonham wrongful death lawyer to help you bring justice to those responsible for your loved one’s death.
You also need help negotiating with relevant insurance companies. Dale R. Rose is a qualified North Texas wrongful death attorney with 26 years of experience handling wrongful death lawsuits, among many other legal services. Remember, deadlines apply for filing a wrongful death lawsuit, so call (972) 634-ROSE (7673) or complete our contact form to schedule a free consultation today.
