Lewisville Wrongful Death Lawyer
No amount of money can replace the life of a loved one, but if their death came prematurely due to the actions of another party, pursuing civil compensation may be an option for you and your family. While this can be difficult following such a loss, civil recovery could be crucial to preserving your family’s financial future following a loved one’s death.
Talking to a Lewisville wrongful death lawyer may be in your best interests if you recently lost a family member because of negligent or intentional conduct by another person. With guidance and support from a compassionate personal injury attorney, you could prevent yourself from bearing the financial burdens of your tragic loss.
Recoverable Damages After an Unexpected Passing
Wrongful death cases in Lewisville work a little differently than other personal injury lawsuits, primarily because the claimant is not the person who was directly impacted by the defendant’s negligent actions. Instead, these cases focus on the damages the defendant caused to a deceased individual’s estate and their surviving family members.
A local attorney could help a surviving family seek compensation through a wrongful death claim for:
- Emotional anguish and suffering
- Loss of care and companionship the decedent provided family members
- Loss of financial support from the decedent
- Loss of inheritance and expected future gains on financial assets
- Loss of household services
If someone’s death stems from egregious or intentional conduct, compensation may also be available in the form of exemplary damages. Contrary to compensatory damages, exemplary damages are meant to punish a defendant for willful or wantonly negligent behavior, rather than make up for losses suffered by the party or parties filing suit.
Procedures for Filing a Wrongful Death Claim in Lewisville
Under Texas Civil Practice & Remedies Code §71.004, the only parties who can file a wrongful death on a deceased person’s behalf are the immediate family members of the decedent. Specifically, the decedent’s spouse, adoptive or biological children, and adoptive or biological parents. If these parties fail to file suit within three months of the decedent’s action or expressly requests that no lawsuit be filed by anyone, the right to pursue litigation falls to the administrator of the deceased person’s estate.
If a defendant is facing criminal charges for the actions that led to the decedent’s death, the decedent’s surviving family or estate executor may pursue a wrongful death lawsuit while the defendant’s criminal case is still ongoing. In this scenario, the cases would proceed separately from one another, and the outcome of one case would typically have no bearing on the outcome of the other.
Generally speaking, anyone wishing to file a wrongful death lawsuit must do so within two years of the decedent’s death, in accordance with Tex. Civ. Prac. & Rem. Code §16.003. However, exceptions to this deadline may apply in certain situations, so it is important to enlist the services of a local attorney familiar with the state’s wrongful death filing deadline.
Learn More from a Lewisville Wrongful Death Attorney
Filing a wrongful death lawsuit can be a stressful and emotionally intense ordeal. However, taking legal action could provide you with some measure of justice for the harm done to you and your family, as well as prevent you from bearing the financial burden of someone else’s negligence.
During a confidential consultation, a Lewisville wrongful death lawyer could discuss what may be possible in your circumstances and help you decide on an appropriate course of action. Call to set up your initial meeting.