Wylie Wrongful Death Lawyer

When a loved one suffers an untimely death, there may be questions about the surrounding circumstances. Family members often want to know how it happened and whether it could have been prevented. They also need to determine how to handle expenses resulting from the loss, such as medical bills and funeral expenses, and how to make up for the support they have lost.

These questions and concerns can be answered by filing a wrongful death lawsuit for compensation for losses. If a family member died in a situation you believe was the result of someone’s negligence, you may want to contact a Wylie wrongful death lawyer to find out whether a lawsuit could be the right option for your family. Although a wrongful death claim cannot bring back a loved one, our compassionate personal injury attorneys could help you move forward on a secure financial footing.

Situations Where Wrongful Death Actions May Be Filed

A wrongful death action may be filed after a death caused by:

Car accidents
Nursing home negligence
Medical malpractice
Truck accidents
Defective product malfunctions
Workplace accidents
Fires
Swimming and boating accidents
Other accidents resulting in catastrophic injuries

It often takes a substantial investigation to determine whether the negligence or wrongdoing of another caused a death, but an experienced wrongful death lawyer in Wylie is prepared to investigate and uncover the necessary evidence to provide answers and bring about a favorable outcome in a case.

Two Types of Claims

Texas law allows families to file two types of claims when their loved one’s death was caused by the negligence or wrongdoing of another: wrongful death claims and survival actions. A wrongful death suit is designed to help surviving family members recover damages they have suffered due to the death. They may recover compensation for medical bills, funeral expenses, and the loss of financial support. They may also be able to receive compensation for intangible losses, such as the loss of guidance and companionship. Amounts recovered in a wrongful death suit are paid to the family members.

A survival action, by contrast, is brought by the estate of the deceased person to obtain compensation for losses suffered before death. Money paid through this type of suit goes directly to the estate and then may be passed on to family members or other beneficiaries once the bills of the deceased person are settled.

Damages in a survival action may include amounts for medical bills, lost wages, pain and suffering, and property damage. These are similar to what the deceased person could have filed for in a personal injury lawsuit if the injury had not resulted in death.

In many cases, a family in Wylie may have grounds to seek recovery under both types of lawsuits. A skilled Wylie wrongful death attorney could help families determine which actions are appropriate to file based on their particular situation.

Work With a Wylie Wrongful Death Attorney

The Texas statute of limitations allows a plaintiff to file a claim up to two years from the date of death. Although this may seem like a large timeframe, it is not advisable to wait until the end of this time before contacting an attorney. Families should work with a Wylie wrongful death lawyer to begin collecting and preserving evidence as soon as possible.

If your loved one suffered an untimely or suspicious death, contact a compassionate wrongful death lawyer in Wylie for a free consultation. Our firm could help you learn about your options for protecting your family’s future.

Wrongful Death FAQ

What is considered a wrongful death under Texas law?

Wrongful death occurs when a person’s death is caused by the negligence, carelessness, or intentional act of another party. Examples include car accidents, medical malpractice, workplace accidents, and defective products. Texas law allows surviving family members to file a wrongful death claim to seek compensation for their losses.

Who is eligible to file a wrongful death claim in Texas?

Under Texas law, the spouse, children, and parents of the deceased can file a wrongful death claim. If these individuals do not take legal action within three months, the executor or administrator of the estate may file, unless explicitly requested not to by the surviving family.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim is filed to compensate surviving family members for their losses, such as emotional anguish, financial support, and companionship. A survival action, on the other hand, seeks to recover damages the deceased could have pursued if they had survived, such as medical expenses, lost wages, and pain and suffering.

How is compensation calculated in a wrongful death claim?

Compensation in a wrongful death claim may include economic damages like medical bills, funeral costs, and lost financial support, as well as non-economic damages like emotional distress, loss of companionship, and mental anguish. The exact amount depends on the circumstances of the case and the impact of the loss on the surviving family members.

What is the statute of limitations for filing a wrongful death claim in Texas?

The statute of limitations for filing a wrongful death claim in Texas is two years from the date of the person’s death. However, certain exceptions may extend this deadline, such as cases involving minors or criminal investigations.

Can a wrongful death lawsuit be filed if the deceased was partially at fault for the accident?

Yes, Texas follows a modified comparative negligence rule. As long as the deceased was less than 51% at fault for the accident, the family may still pursue a wrongful death claim. However, the compensation awarded may be reduced by the percentage of fault attributed to the deceased.

What type of evidence is needed to prove a wrongful death case?

Evidence in a wrongful death case may include medical records, accident reports, witness statements, photos or videos of the incident, expert testimony, and documentation of the deceased’s financial contributions and relationships with family members. A skilled attorney at McCraw Law can help gather and present this evidence effectively.

How long does it take to resolve a wrongful death case?

The timeline for resolving a wrongful death case varies depending on the complexity of the case, the availability of evidence, and whether the case settles out of court or goes to trial. Some cases may be resolved in months, while others could take a year or more.

Can a wrongful death claim be settled out of court?

Yes, many wrongful death claims are resolved through settlement negotiations before going to trial. An experienced wrongful death lawyer can negotiate with insurance companies or opposing parties to reach a fair settlement. If a settlement cannot be reached, the case may proceed to court.

How much does it cost to hire a wrongful death lawyer?

Most wrongful death lawyers work on a contingency fee basis, meaning they only get paid if they recover compensation for you. Typically, the fee is a percentage of the settlement or court award, which will be discussed and agreed upon before representation begins. This arrangement ensures that families can pursue justice without upfront costs.