Allen Wrongful Death Lawyer
The death of a loved one is one of the most difficult things a person may have to deal with in our lifetimes. Sadness, anger, and various other emotions come into play at such times, and potential legal questions in the event that someone’s death was caused in whole or in part by the wrongful conduct of a third party can only worsen these feelings and complicate the next steps for a grieving family to take.
If you or someone you know has lost someone due to the negligence or wrongdoing of another, it may be important to speak with a dedicated personal injury attorney about what to do next. A compassionate Allen wrongful death lawyer could advise you of our options and, if necessary, help you hold those responsible for your loved one’s death accountable for their actions.
What is a Wrongful Death?
Texas state law specifically defines the circumstances under which someone may be held civilly liable for the death of another. Specifically, Tex. Civ. Prac. & Rem. §71.002 allows for recovery when a fatal injury is caused by another person’s:
- Wrongful act
- Default on an obligation
Limitations on Wrongful Death Suits in Allen
In Texas, a wrongful death action may only be brought by either the spouse, child or parent of the deceased, according to Tex. Civ. Prac. & Rem. §71.004. If there are questions about whether a person qualifies to bring a wrongful death action, a consultation with an Allen wrongful death attorney may able to provide answers and guidance.
The Importance of Timeliness
After the death of a loved one, speaking with an Allen wrongful death lawyer and pursuing a civil lawsuit is likely the last thing on a grieving family member’s mind. However, it is important to understand that the time for bringing a wrongful death action begins to run upon the death of the person in question. Under Texas law, an eligible relative of the decedent has only two years after the death to bring an action, or the claim may be time-barred under Tex. Civ. Prac. & Rem. §16.003 (b).
Determining Fault and Recovering Damages
In an accident that results in someone’s death, there may be more than one causal factor which contributed to that tragic outcome. So long as the decedent was not more than 50 percent responsible for their own death, a surviving relative may pursue a civil claim against other responsible parties. However, any damage award may be reduced by the percentage fault attributed to the decedent under Tex. Civ. Prac. & Rem. 33.001.
While no amount of money can replace the loss of a close relation, there are damages which might be available in a wrongful death case to help with certain financial and emotional concerns, including compensation for:
- Lost wages or income resulting from the death of the relation
- Medical costs incurred prior to death
- Pain and suffering of the victim as a result of the injury that led to the death
- Non-economic damages for loss of consortium with a family member
In certain cases, punitive damages may be available under Tex. Civ. Prac. § Rem. §71.009 if the conduct of the defendant is found to be willful or grossly negligent. An Allen wrongful death lawyer might be helpful in pursuing a possible damage claim based upon the circumstances of the case.
Value of an Allen Wrongful Death Attorney
Although nothing can resolve all the heartache that may follow the death of a loved one, there are still important legal and financial considerations following such an unfortunate event that a settlement may be able to help suffer. As such, it may be advisable to seek the counsel of an experienced Allen wrongful death lawyer to help ensure that the needs of you and your family come first. When you are ready, set up a consultation to start exploring your legal options.