Prosper Wrongful Death Lawyer

When a person is injured, there are often numerous routes to hold the responsible party accountable and recover damages for the injuries. In the case of a wrongful death, however, the only avenue for recovery for the decedent’s surviving family is through a wrongful death lawsuit. With the help of a compassionate personal injury attorney, surviving spouses or children may be able to recover fiscal damages from the person responsible for the death of their loved one.

In many cases, surviving relatives lose an essential source of income that the family needs to survive. A Prosper wrongful death lawyer may be able to help secure the financial resources you and your family need.

What is Wrongful Death?

Like all states, Texas allows for wrongful death lawsuits. According to Texas Statute 71.001, a death brought about by a “wrongful act, neglect, carelessness, unskillfulness, or default” may lead to a wrongful death claim.

In other words, a victim’s surviving family may have a viable wrongful death claim when a person’s negligent or intentional acts causes the death of the decedent. There are crucial limitations on filing a wrongful death suit, including restrictions on who may file suit, which a wrongful death attorney in Prosper could help explain.

Right to File a Wrongful Death Claim

When it comes to a wrongful death claim, a surviving spouse, child, or parent has the right to file a lawsuit. Many states set out a hierarchy so that at any given time there is only one person with the right to file a wrongful death lawsuit. In Texas, however, any one of the parties entitled to pursue a wrongful death claim may do so.

In some cases, the deceased person’s estate has the right to file a claim. If none of the surviving children, spouses, or parents file a lawsuit within three months of the death, the decedent’s estate may file a wrongful death suit unless the surviving relatives object.

Texas law treats legally adopted children the same as biological children. If legally adopted, they share the same right to file a wrongful death suit as the decedent’s natural children. Siblings are not entitled to file a wrongful death claim for each other, however. This is true regardless of whether the siblings were related by blood or through adoption. For more information, contact a knowledgeable lawyer.

Punitive Damages

In a wrongful death suit, many forms of damages common in injury lawsuits are available. The surviving family can seek compensation for the medical bills or property damage losses of their loved one. But wrongful death lawsuits can also seek other types of damages.

In some wrongful death cases, “exemplary claims” may be available. Exemplary claims are another name for punitive damages. These damages are added to the standard recovery in a wrongful death case and are designed to punish the responsible person.

Punitive damages are only available in cases where “grossly negligent” conduct caused the death of the victim. Juries rarely award punitive damages in Texas, but it may be valuable to discuss the possibility with an experienced Prosper wrongful death lawyer.

Contact a Prosper Wrongful Death Attorney

The decision to proceed with a wrongful death lawsuit can be difficult, especially during a time of grieving. However, there is an urgency mandated by state law that requires decisions to be made within three months of the death of your loved one. When you are ready, contact a Prosper wrongful death lawyer.

Free Consultation


The McCraw Law Group
Based on 82 reviews
powered by Google
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
See All Reviews