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Wrongful Death Lawyer in Arlington, TX
Fighting Your Fight While You Heal
- Board-Certified in Texas Since 1994
- Compassionate Help for Families
- You Pay Nothing Unless We Win
- We Can Handle Probate Coordination
Determining Compensation
for Wrongful Death Claims
If a judge or jury in Texas rules that the defendant's breach of duty did cause the death of your loved one, they can be held liable for financial damages. Monetary damages that are available in a wrongful death lawsuit can include:
- Medical expenses, such as surgeries, medications, transport, etc.
- Loss of the deceased person’s earning capacity and the value of the care, services, and advice the family members would have received from the deceased person
- Mental anguish, meaning emotional pain and suffering from the loss
- Loss of companionship and society
- Loss of inheritance
Significant Factors That Can Affect Compensation
in a Wrongful Death Case
Who Can Receive Wrongful Death Compensation?
The Texas Wrongful Death Act places strict guidelines on who can file a wrongful death claim and receive compensation.
Who Is Eligible for Compensation?
Under the Wrongful Death Act, compensation is limited to the:
- Spouse
- Children
- Parents
Siblings and grandparents are not eligible for compensation. Each eligible person’s compensation depends on their closeness to the deceased person and how much financial support they could have reasonably anticipated receiving from the deceased person. If the deceased person has a will, that will affect the outcome.
Generally, the compensation awards are not equal among the beneficiaries.
Who Receives Survival Claims?
If the decedent survived for even a short amount of time and had conscious pain and suffering, the estate of the decedent would have a survival claim. In the survival action, the deceased person’s estate would be entitled to the same damages that the person would have received if he or she had lived. The beneficiaries of the estate would be entitled to survival damages according to the person’s will, or the laws of descent and distribution if there was no will.
Accidents leading to wrongful death leave loved ones devastated both emotionally and financially. Our wrongful death lawyers can help recover the compensation your family deserves.
"Awesome experience."
In this personal injury attorney review, Andrew shares how Rocky Walton’s team made a tough process feel simple and stress-free. He explains why he’s grateful for the outcome and the care behind it. Reach out to us today if this sounds like the kind of advocate you want in your corner.
There Is a Time Limit on Filing a Wrongful Death Lawsuit
The deadline for filing a lawsuit for a wrongful death claim is generally two years from the date of the deadly accident, but in some cases it could be two years from the date of death. That period could be extended if the person responsible for the death was a resident of Texas, but was out of the state for a period of time.
Once you decide to pursue a wrongful death claim, take these steps as soon as possible:
1. Contact a Wrongful Death Attorney Immediately
It is important for loved ones to consult with a wrongful death attorney as soon as possible after a suspected wrongful death in order to preserve any evidence necessary to prove negligence. While it may sound like a long time, the two-year deadline can approach quickly when you are focused on the emotional and financial strain of a death.
2. Let Your Attorney Handle the Insurance Company
While you may be tempted to settle quickly with an insurance company, do not make any hasty decisions during this time. Insurance companies have their best interests, not yours, in mind. Do not sign any compensation agreements or other binding paperwork until you have consulted our Arlington law firm. We will ensure that you are not taken advantage of.
Common Causes of Wrongful Death
We trust medical professionals to provide us with a certain standard of care. When they fall short, the consequences can be deadly. From surgical errors to misdiagnoses, a wrongful death lawsuit can help hold medical professionals accountable for negligent actions.
Our Wrongful Death Attorney
Can Meet Your Unique Needs
Roger "Rocky" Walton in Arlington is ready to fight for the rights of clients who have lost their loved ones due to negligence. Many wrongful deaths are caused by motor vehicle accidents, such as those involving car accidents, motorcycles, 18-wheelers, or impaired drivers. Wrongful deaths can also be caused by unsafe premises, dangerous drugs, defective medical devices, or dangerous working conditions.
Rocky Walton is ready to pursue justice on behalf of families in Grand Prairie, Fort Worth, and Greater DFW.
Who Is to Blame? Our Law Firm Can Pinpoint the Cause
Determining who is responsible for your loved one's death isn't always straightforward. If they were struck by a semi-truck driver, for instance, you might assume that driver error is to blame. However, these unfortunate situations are often more complicated than they seem and can involve remote defendants.
On further investigation, our Arlington-based wrongful death lawyers may find that the brakes were defective and that even though the driver acted in a safe and responsible manner, faulty auto parts led to his inability to stop on time. Instead of holding the driver or employer accountable, the blame might instead be placed on the manufacturer of the parts. If poor road conditions are to blame for a vehicular accident, Rocky can hold local municipalities accountable.
It is extremely important to choose a legal team that will not rush or shortchange the investigative process. Rocky Walton is exceptionally well-versed in a variety of personal injury case types. He can bring this knowledge to work for you in the event of a wrongful death. His Arlington firm serves Grand Prairie, Fort Worth, and other nearby communities.
How Will I Afford It? We Only Get Paid if You Recover
We understand that an unexpected death in the family can come with an enormous financial cost. You might find yourself facing immediate concerns, such as medical expenses, plus uncertainty over how to maintain your quality of life in the future. To place the cost of a wrongful death attorney within your reach, we offer:
- Free consultations: We offer free consultations to clients in Arlington, Grand Prairie, Fort Worth, and surrounding areas. You have nothing to lose by requesting a visit with our team.
- Contingency fees: Operating on a contingency basis means that if we fail to secure a settlement or verdict in your favor, you pay nothing for our time and representation.
- Fair costs: Rocky Walton is committed to offering clients affordable services. You can expect to pay no more than you would for other personal injury attorneys in the area.
- Letters of protection: Many of our clients need to immediately settle debts with medical providers and cannot afford to wait to file a case. We can provide letters of protection that guarantee medical costs will be repaid from a future settlement or verdict related to the injury and subsequent care.
The cost of failing to pursue a valid claim can be devastating. You owe it to yourself and your family to speak with our Arlington attorneys and learn whether you are eligible for compensation following the loss of a loved one.
Texans Deserve The Rocky Advantage
If you are considering filing a wrongful death claim, you deserve dedicated wrongful death lawyers in your corner. We offer our Arlington, Grand Prairie, and Fort Worth clients The Rocky Advantage, a unique set of qualifications that distinguishes us from other firms throughout Texas. These include:
- Membership with the Million Dollar Advocates Forum (one of only 1% of Texas attorneys)
- AV rating in legal ability and ethics (awarded to only 14% of attorneys in the state)
- Specialization in personal injury trial law (a distinction held by fewer than 3% of lawyers in Texas)
Every case is unique and requires a thorough investigation to determine the cause and type of death. Rocky Walton has been helping victims since 1987 and is here to help you, too.
