When a person dies as a result of someone’s negligence or unintentional actions, it is called a wrongful death. When the relatives decide to bring justice to their loved one who died, they can file a wrongful death lawsuit with the help of an experienced McKinney wrongful death lawyer.
Understanding the Difference Between Wrongful Death and Survival Claims
In many wrongful death cases, two separate but related legal claims may arise: a wrongful death claim and a survival claim. While they are often pursued together, they serve different purposes and compensate for different losses. Understanding the distinction is important for families seeking full accountability after the loss of a loved one.
A wrongful death claim focuses on the losses suffered by surviving family members. These losses may include lost financial support, loss of companionship, and the emotional impact of losing a loved one due to another party’s negligence. A survival claim, on the other hand, is brought on behalf of the deceased person’s estate. It addresses the harm the victim personally experienced before death, such as physical pain, mental suffering, and medical expenses incurred between the injury and death.
Time Limits for Filing a Wrongful Death Lawsuit
Wrongful death claims are subject to strict deadlines. In most cases, Texas law provides a limited window of time to file a lawsuit after a person’s death. If this deadline passes, surviving family members may lose the ability to pursue compensation entirely, regardless of how strong the underlying claim may be.
Because evidence may disappear quickly and witness memories may fade, taking early legal action is essential. Prompt investigation allows an attorney to preserve records, gather statements, and build a clear picture of how negligence caused the death. Delays may weaken a case or allow responsible parties to avoid accountability.
Speaking with a wrongful death attorney as soon as possible helps protect your rights and ensures that all required filings are completed on time.
How Liability Is Investigated in Wrongful Death Cases
Establishing liability in a wrongful death case requires a detailed investigation into how and why the death occurred. This may involve reviewing medical records, police reports, workplace documentation, surveillance footage, or vehicle data, depending on the circumstances. In some cases, multiple parties may share responsibility, such as employers, property owners, manufacturers, or negligent drivers.
Insurance companies often conduct their own investigations and may attempt to shift blame or minimize their financial exposure. Without strong legal representation, families may face pressure to accept settlements that do not reflect the full impact of their loss. A McKinney wrongful death lawyer works to counter these tactics by developing evidence-based claims that clearly demonstrate negligence and causation.
The Importance of Legal Guidance for Grieving Families
Pursuing a wrongful death lawsuit is emotionally challenging, especially while coping with grief and unexpected financial strain. Legal representation allows families to focus on healing while an attorney handles communications, negotiations, and legal filings. Wrongful death cases involve complex legal standards and procedural requirements that may be difficult to manage without professional support.
An experienced attorney can explain available options, assess potential damages, and advocate for fair compensation through settlement negotiations or trial when necessary. While no amount of compensation can undo the loss, holding negligent parties accountable may provide financial stability and a sense of justice for surviving loved ones.
What scenarios can result in wrongful death?
- When a person dies as a direct result of someone’s deliberate actions, it can be called wrongful death.
- When a person dies as a direct result of negligence on the part of a doctor, nurse or any other healthcare professional, it’s called a wrongful death as a result of medical malpractice.
- When a person dies as a result of negligence or failure to obey traffic laws by the driver responsible, it’s called a wrongful death.
What proof is required for a wrongful death lawsuit?
- The victim’s representative should be able to prove that the defendant should have cared for the victim as a result of either personal or professional obligation and that they didn’t which caused the victim’s death.
- They should be able to prove that the defendant’s actions directly resulted in the death of the victim.
- They should be able to prove that the victim’s death directly caused the damages for which the victim’s representative is trying to sue the defendant for a wrongful death lawsuit.
What Constitutes Wrongful Death Damages?
Whoever had a provable relationship with the victim can file a wrongful death lawsuit. This includes spouses, adult children of parent victims, parents of a child victim.
Other familial relationships or romantic partners may or may not be allowed to sue based on their financial dependence on the victim.
What proof is required for a wrongful death lawsuit?
- The victim’s pre-death “pain and suffering” ( called a “survival” claim).
- When the accident or circumstances caused the victim to suffer injuries and medical treatment before dying.
- Funeral costs
- Loss of victim’s income or inheritance on financial dependents.
- Services the victim provided
- Loss of care & guidance the victim would’ve provided.
- Loss of love & companionship
- Loss of consortium
These incidents need the expertise of an experienced attorney. A McKinney wrongful death lawyer can handle the lawsuits of all the victims and make sure that they get the justice and compensation they deserve.
If you or anyone you know were injured in wrongful death, an experienced wrongful death lawyer in McKinney, TX can help you. We offer a free initial consultation so that we can go over your case and see whether you’re eligible to file a personal injury claim.
To maximize your chances of winning your wrongful death case in traffic courts, contact Rose Knows Law today to handle the legal aspects of your wrongful death compensation recovery.
You can contact us 24/7 using –
Phone – (972) 634-7673
Email – dale@mckinneylaw.com
