Wrongful Death Lawyer in Denton, TX

Name: Wrongful Death
Brand: McCraw Law Group
Rating: 4.9 (87 reviews)

Our wrongful death lawyers in Denton know how heartbreaking it is when a loved one passes away. That is why our experienced personal injury attorneys are dedicated to helping victims’ families receive compensation for their loss. When a person dies from the wrongdoing or negligence of another, you may be able to sue for wrongful death.

Wrongful Death Overview

Seeking Justice Through a Wrongful Death Claim in Denton

In Denton, wrongful death is a civil lawsuit where the plaintiff seeks to recover damages from the party that caused the death. Unlike criminal cases, where convicted wrongdoers face jail time, persons found liable for wrongful death are subject to paying monetary damages to the victim’s surviving family members.

What Are Common Causes of Wrongful Death Cases?

A wrongful death action may come from the wrongful act, neglect, carelessness, unskillfulness, or default of a person or corporation. Wrongful death actions can develop in different contexts, including:

Automobile accidents
Medical malpractice
Products liability
Accidents at work
Construction site accidents

To be successful in a wrongful death claim, an individual must prove the defendant’s negligence or action caused the decedent’s death and the surviving family has suffered damages because of that death.

Who Can File a Wrongful Death Claim?

In Denton, the process for bringing a wrongful death claim follows a similar procedure to filing personal injury claims. Not everyone may file a wrongful death action. As a seasoned Denton wrongful death attorney knows, the only people permitted to file a wrongful death action are the spouse, children, and parents of the victim. Other family members such as siblings, grandchildren, and stepchildren may not.

Possibility of Recovering Damages

The damages a person can recover in a wrongful death claim are designed to compensate the surviving family members for their loss. Compensation for the victim’s family may include:

Funeral expenses
Pain and suffering
Loss of companionship
Loss of inheritance
Loss of support

Additional damages referred to as exemplary damages may be recoverable where the decedent’s death was the result of the willful act or gross negligence of another. No amount of money can replace what a family has lost, but receiving a fair settlement can help ease the financial burden that follows the loss of a close family member.

What Is the Statute of Limitations for Suits Involving the Loss of a Loved One?

Every type of case in Texas has an applicable statute of limitations, which limits the amount of time a person has to file a lawsuit. An individual should consult with a lawyer as soon as practical after the death of a loved one to avoid problems involving the statute of limitations. Texas wrongful death actions should be initiated within two years of the decedent’s date of death to avoid losing the right to file suit. A capable wrongful death lawyer in Denton could help ensure all claims are filed within the appropriate time period.

Get in Touch with a Denton Wrongful Death Attorney

A wrongful death attorney in Denton at McCraw Law Group is prepared to seek justice for your deceased loved one as well as the compensation you and your family need to move forward. Call today.

Wrongful Death FAQ

What is the difference between wrongful death and survival action claims in Texas?

A wrongful death claim compensates the family members for their losses resulting from the death of their loved one, such as loss of support and companionship. A survival action, on the other hand, allows the decedent's estate to recover damages the deceased could have pursued if they had survived, such as pain and suffering before death and medical expenses.

Can a sibling file a wrongful death lawsuit in Texas?

No, under Texas law, only the spouse, children, or parents of the deceased can file a wrongful death lawsuit. Siblings, grandparents, and other extended family members are not eligible to bring such claims.

What types of evidence are needed to prove a wrongful death case?

To prove a wrongful death case, evidence may include:

Police reports
Medical records
Witness statements
Expert testimony
Photographs or videos of the accident scene
Financial records showing the deceased’s contributions to the family

How is the value of a wrongful death claim determined?

The value of a wrongful death claim depends on factors such as:

The deceased's earning potential and financial contributions
The age and health of the deceased
The emotional and financial impact on surviving family members
Funeral and burial expenses
The severity of negligence or willful misconduct

Can punitive damages be awarded in a wrongful death case in Texas?

Yes, punitive damages (also called exemplary damages) may be awarded if the death was caused by a willful act or gross negligence. These damages aim to punish the wrongdoer and deter similar behavior in the future.

What should I do immediately after a loved one’s death due to negligence?

If you suspect your loved one’s death resulted from negligence, take the following steps:

Obtain a copy of the death certificate
Collect any relevant documentation, such as accident reports or medical records
Avoid discussing the case with insurance companies before consulting an attorney
Contact an experienced wrongful death lawyer promptly to preserve your legal rights

What happens if the at-fault party does not have insurance or assets?

Even if the at-fault party lacks insurance or significant assets, other avenues for compensation may exist, such as:

Claims against an employer in workplace accidents
Uninsured motorist coverage in automobile accidents
Third-party liability in product defects

Is mediation an option in wrongful death cases?

Yes, mediation is a common option for resolving wrongful death cases. It allows both parties to negotiate a settlement with the assistance of a neutral mediator. Mediation can save time and legal costs compared to a lengthy court trial.

Can I file a wrongful death claim if the death occurred out of state?

If the death occurred in another state but involves a Texas resident or business, you may still be able to pursue a wrongful death claim in Texas. Jurisdiction and venue can be complex, so consulting an attorney with experience in cross-state cases is essential.

What if the decedent was partially at fault for their death?

Texas follows a modified comparative fault rule. If the deceased was less than 51% at fault for the incident, their family can still recover damages, but the compensation may be reduced by the percentage of fault attributed to the deceased.