Plano Wrongful Death Lawyer
Losing a loved one is never an easy thing to bear. On top of the shock of the incident, and any potential criminal trial that a family may have to endure, they will likely need to think about their financial future as well.
Texas law allows a decedent’s surviving spouse, child or parent, to file a wrongful death lawsuit against any person or company deemed responsible for the death. An executor of the estate may additionally file a traditional injury case for injuries leading up to death.
If they wish, a Plano wrongful death lawyer may represent the families of the deceased with compassion and diligence in civil actions. Distinguished personal injury attorneys can help bring financial stability to families and hold the responsible parties legally liable.
Wrongful Death Statutes
The Texas state legislature enacted a statute that specifically deals with civil actions resulting from a death. Texas Civil Practice and Remedies Code Chapter 71 outlines appropriate causes of action, who may bring the lawsuit, and what damages they may seek.
Plano wrongful death lawyers know that an action may be filed against any person or corporation who caused a person’s death through a wrongful act, neglect, or carelessness. This means that if a person is intentionally killed, dies in an accident that was the defendant’s fault, or was killed due to a lack of care, the responsible party may be sued under the statute. The statute also states that the owners of businesses may be liable if the death was caused by the actions of their agents or employees.
Defining the Roles of Personal Injury Case
In most personal injury lawsuits, the plaintiff is the injured person. Of course, this cannot be the case in a wrongful death suit, so instead a decedent’s spouse, children, or parents may serve as the plaintiff. The executor of the decedent’s estate may serve as the plaintiff for injuries leading up to death, but only a spouse, child or parent of the victim may file a wrongful death claim.
Recoverable Damages in Wrongful Death
A Plano wrongful death lawyer knows that recoverable damages in these cases can vary greatly.
Examples of damages include:
- Funeral costs, as well as medical costs prior to death
- Loss of potential inheritance from future earnings
- Lost earnings capacity from injury to death
- Pain and suffering of the decedent from injury to death
- Loss of companionship and/or consortium for the spouse, child or parent
In addition, in situations where the death was caused by a willful act or gross negligence, plaintiffs may be awarded exemplary damages beyond all the above listed categories.
Statute of Limitations on Claims
There is a limited time for plaintiffs to file their claims in court. If this time limit—known as the statute of limitations—passes, any lawsuit filed alleging wrongful death will be dismissed. Under Plano and Texas state law, this time limit is two years from the date of death in most instances.
Plano Wrongful Death Attorney Can Help
Making the decision to start a lawsuit is never an easy one, especially during times of great distress and fear. If your loved one has been killed in an accident, during the commission of a crime, or due to a company’s negligence, a wrongful death attorney is available in Plano to help.
When you are ready to pursue compensation for your loved one’s death, enlist a Plano wrongful death lawyer to work with your family, so you can secure the future of your household during this difficult times