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Elements of a McKinney Wrongful Death Claim

McKinney Wrongful DeathThe death of a loved one or family member is always a sad occasion; it is even more heartbreaking if their death was the result of a preventable accident.

When a person dies from catastrophic injuries that were inflicted as the result of a person or business’ negligence, their surviving family members have a right to seek damages from the responsible parties by filing a McKinney wrongful death claim.

Filing a Wrongful Death Claim

When an individual dies due to the fault of another person or entity, the surviving family members may be able to bring a wrongful death lawsuit. A wrongful death suit is a legal action taken to recover damages for the exclusive benefit of the surviving spouse and children of the deceased individual.

There are many tragic incidents that can result in the needless death of a family member, including:

  • Automobile, truck or motorcycle accidents
  • Pedestrian Accidents
  • Medical malpractice
  • Workplace injuries
  • Death during a supervised activity (like a class field trip)
  • Birth injuries
  • Nursing home and assisted living neglect and abuse
  • Product defects
  • Premises accidents
  • Criminal actions
  • Nursing home and assisted living neglect and abuse

Elements of a Claim

There are several elements of a wrongful death lawsuit that must be met if there is a successful resolution in the case. To be successful, a plaintiff must prove that:

  • The plaintiff is the surviving spouse or child of the decedent
  • A defendant is a person or corporation
  • The defendant’s wrongful act caused injury to the decedent
  • The injury resulted in the death of the decedent
  • The decedent would have been entitled to bring an action for the injury if he or she had lived
  • The plaintiff suffered actual injuries

Who Can File a Wrongful Death Claim in Texas?

Texas state law is very specific when it comes to who can and can’t file a wrongful death claim and who can collect a settlement. Any damages collected in a wrongful death suit must go to the children or spouses of the deceased. One family member can file a case on behalf of other family members; so can the executors or administrators of the deceased’s estate. In Texas, legally adopted family members have the same rights as biological family members.

Siblings are not allowed to pursue wrongful death claims in Texas on behalf of their dead brothers or sisters; neither are cousins.

Damages for Wrongful Death Claims

While no amount of money can compensate you for the loss of a loved one, it can help to ease the surviving family members’ financial worries and emotional pain. A plaintiff in a wrongful death action can recover actual damages of the following:

  • Pain and suffering before death
  • Projected support to the qualified survivors of the deceased
  • Medical, funeral and other death-related expenses
  • Mental anguish
  • Loss of inheritance
  • Loss of love and companionship
  • Possible punitive damages

Speak to an Experienced McKinney Claims Lawyer

Proving liability in a wrongful death case can present a challenge and requires the services of an experienced lawyer.  The dedicated attorneys at the McCraw Law Firm will put their skills and expertise to work building a solid case on your behalf. We will fight the insurance companies to obtain the financial relief for the loss of love, companionship, protection and all other compensation you deserve, even if it means taking your case to court.

If you are the spouse or child of a person who has lost their life as a result of someone else’s negligence, don’t put off seeking legal help. Call or contact us online to discuss your case with an experienced wrongful death lawyer. We will evaluate your claim, answer any questions you might have and offer advice on how to proceed with your claim.

We offer compassionate support and effective representation, handling our wrongful death cases on a contingency basis. This means there are no upfront charges if we decide to accept your case and we only collect our fees after we’ve gotten you a settlement.

Free Consultation

Reviews

The McCraw Law Group
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Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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