Frisco Wrongful Death Case Process
The death of a loved one for negligence-based or intentional reasons can be devastating for the surviving family members. These situations often warrant the filing of a wrongful death claim, but many do not know how to begin this legal action. Understanding the Frisco wrongful death case process is essential to ensure correct, timely filings and secure the compensation your family deserves for your losses.
If you are the surviving parent, adult child, or spouse of a deceased loved one and believe the death was preventable, work with a compassionate attorney to learn more about the claims process. Our lawyers could act as your guide through every phase of the case and provide dedicated support.
Steps in a Wrongful Death Case
There are times when the cause of the loved one’s death is unknown and requires a discovery period. Texas courts grant exceptions to the two-year statute of limitations in such cases due to the state’s “discovery rule.” The rule frequently applies to cases involving medical malpractice, exposure to toxic chemicals in the workplace, pharmaceutical injuries, and defective products such as faulty medical devices.
If the surviving family members believe that their loved one’s death was wrongful, they must file their claim with the Frisco court. Surviving spouses, adult children, and parents—including adoptive parents—may make this type of claim. However, surviving biological and adopted minor children cannot, according to Texas laws. An attorney experienced in the wrongful death case process could help ensure the document is error-free when filing.
Making a Case for Wrongful Death
Whether the claim goes to trial or settles out of court, a lawyer must show that negligence directly resulted in the victim’s passing. To prove negligence during a wrongful death case process in Frisco, they must:
Establish Duty of Care
“Duty of care” refers to care owed to the deceased individual by the defendant. For example, all motorists have a duty to drive their vehicles in a safe manner, observing all traffic laws.
Show That Duty of Care Was Breached
The attorney must prove that the defendant not only owed the deceased person duty of care but also failed to provide it. If a motorist is driving while intoxicated, for example, they are showing a breach of care to everyone else on the road.
Establish the Link Between Breached Duty of Care & Fatal Injuries
Finally, an attorney must show that the defendant’s negligence directly resulted in the victim’s passing. If the intoxicated driver hits and kills a pedestrian, their actions are responsible for that person’s death. Once the attorney establishes the connection, they could request damages on behalf of the surviving family members. This could include compensation for emergency medical care, funeral and burial expenses, loss of life enjoyment, loss of future wages, loss of companionship and support, mental and emotional anguish, and pain and suffering.
Speak With a Frisco Attorney Today About Wrongful Death Case Processes
Learn more about the Frisco wrongful death case process by speaking with an attorney at our firm today. We are here to help you through every phase of your legal claim. Contact us now to get started.