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 lawyers could help you move forward on a secure financial footing.
A wrongful death action may be filed after a death caused by:
It often takes a substantial investigation to determine whether the negligence or wrongdoing of another caused a death, but an experienced Wylie wrongful death lawyer is prepared to investigate and uncover the necessary evidence to provide answers and bring about a favorable outcome in a case.
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 to 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 pass 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.
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.
McCraw Law Group