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Compassionate Legal Support for Wrongful Death Claims

All of us are required to exercise reasonable care to protect others from harm. Fatal accidents can occur when another party fails in that duty. If you have lost a loved one in an accident or due to an injury that was someone else’s fault, no amount of money can compensate you for this tragic loss. However, the compensation can help allow your family to move forward.

What Is Wrongful Death?

Wrongful death is a legal term for a civil action brought by surviving family members against a party who caused the death of a person through negligence or wrongdoing. Damages recovered in a wrongful death claim are designed to compensate family members for lost financial support and for suffering caused by the death. Wrongful death damages are based on various factors, including the level of dependence of family members, the income of the deceased before death, and their projected future income. 

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What Are the Common Causes of Wrongful Death?

Any serious accident or injury caused by negligence or wrongdoing can result in wrongful death.

Common causes of wrongful death include:

  • Car accidents
  • Truck accidents
  • Motorcycle collisions
  • Bicycle accidents
  • Pedestrian accidents
  • Boat accidents
  • Dangerous drugs
  • Defective products
  • Premises liability accidents (caused by dangerous conditions on a property)
  • Criminal assaults
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Who Can Sue for Wrongful Death in Texas?

A wrongful death claim in Texas may be brought by the surviving spouse, children, or parents of the deceased, pursuant to the Texas Civil Practice and Remedies Code, Title 4, Chapter 71, Subchapter A. Any compensation recovered is for the exclusive benefit of these individuals. One or more of the surviving family members may bring a civil action for the benefit of all. If none of the family members entitled to file do so within three months after the death, the administrator or executor of the estate of the deceased may bring a lawsuit unless asked not to by all surviving family members who are entitled to file a claim. 

What Types of Damages Are Available for Wrongful Death?

Surviving family members of wrongful death victims may be entitled to recover damages for tangible and intangible losses. Under the statute, juries may award damages in an amount proportionate to the injury caused by the death. Wrongful death damages may include:

  • Funeral and burial expenses
  • Loss of economic support
  • Loss of services, support, maintenance, and advice previously provided by the deceased
  • Loss of inheritance
  • Loss of companionship, love, camaraderie, and comfort
  • Mental and emotional anguish

If wrongful death was caused by gross negligence or a willful act or omission of the defendant, punitive damages may be recovered in addition to actual damages. Also known as exemplary damages, they are designed to punish the defendant for wrongdoing and deter similar actions in the future. 

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What Are the Elements of a Wrongful Death Case?

To hold responsible parties accountable and recover compensation for wrongful death, you must establish the at-fault party’s liability for your loved one’s death, which requires proving the following elements:

  • The defendant owed your loved one a duty of care.
  • The defendant breached that duty.
  • The defendant’s breach of duty caused your loved one’s death.
  • Surviving family members have suffered damages because of the death.

As an example, if your loved one was killed by a truck driver who failed to check blind spots before switching lanes, you can show that the trucker had a duty of care to other motorists on the road, including your loved one, and they breached that duty by performing an unsafe lane change.

If the trucker crashed into your loved one’s vehicle while changing lanes, you can prove that the driver’s breach of duty was the cause of your loved one’s death. 

Why Choose McCraw Law Group for Wrongful Death Representation?

At McCraw Law Group, we are caring, compassionate advocates for wrongful death victims and their families. Our experienced wrongful death lawyers have built a reputation for trustworthiness and quality. We genuinely care for our clients and strive for the best possible outcomes. Our firm recovers tens of millions of dollars for our clients annually and has a long legacy of compassionate advocacy to serve families in Texas.

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Case Types

Bicycle Accident Boat Accident Bus Accident Brain Injury Car Accident Catastrophic Injury Child Injury Dog Bite Motorcycle Accident Neck Injury Pedestrian Accident Premises Liability Product Liability Slip and Fall Spinal Cord Injury Truck Accident

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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