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
  • Neglect
  • Carelessness
  • Unskillfulness
  • Default on an obligation
media

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 a seasoned Allen wrongful death attorney may be able to provide answers and guidance.

The Importance of Timeliness

After the death of a loved one, speaking with a knowledgeable wrongful death lawyer in Allen 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).

Get The Help You Need Contact McCraw Law Group

Get a Free Virtual Consultation
Contact us media

How Does Fault Determine the Recoverable Damages?

In an accident that results in someone’s death, there may be more than one causal factor that 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.

Recoverable Damages

While no amount of money can replace the loss of a close relation, there are damages that 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. A well-practiced Allen accidental death lawyer might be helpful in pursuing a possible damage claim based on 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.

Allen Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Get a Free Virtual Consultation
Contact us media
Contact us media
Logo media

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (972) 854-7900.