Begin Healing with the Help of a Wrongful Death Lawsuit
If your loved one has been killed as the result of someone else’s negligence, attorney Rocky Walton can help you pursue justice with a wrongful death lawsuit at his Arlington, TX, practice. Cases of wrongful death can be especially traumatic to loved ones as it is usually unexpected. If surviving family members relied on the deceased person to provide financial support, the death can be even more catastrophic. Contact our office today to make your appointment and learn more.
What Is Wrongful Death?
When someone is killed due to the negligent acts of another, it is a wrongful death. Many wrongful deaths are caused by motor vehicle accidents, such as those involving motorcycles, 18-wheelers, or impaired drivers. Wrongful deaths can also be caused by unsafe premises, dangerous drugs, defective medical devices, or dangerous working conditions.
Who Can Receive Compensation?
In Texas, wrongful death compensation is limited to the spouse, children, and 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. Generally, the compensation awards are not equal among the beneficiaries.
If the person survived for even a short amount of time and had conscious pain and suffering, the estate of the person 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. Then 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.
I really got good results with my settlement. I feel sure it was because Rocky and his staff fought so hard for me. - Betty M.
TYPES OF COMPENSATION
Monetary damages that are available in a wrongful death lawsuit can include:
- 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
Under the Texas Survival Statute, the deceased person’s heirs or estate can make a claim for the personal injury that the deceased person would have been able to claim if he or she had survived. These damages can include medical expenses and pain and suffering, as well as funeral expenses.
In certain instances, exemplary (punitive) damages may be awarded to punish the negligent party in a wrongful death or survival claim (or both).
TIME LIMIT ON FILING A LAWSUIT
The deadline for filing a lawsuit for a wrongful death claim is generally two years from the date of the deadly accident, but 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.
The deadline for filing a lawsuit for a wrongful death claim is generally two years from the date of the accident, but it could be two years from the date of death.
It is important for loved ones to consult with an attorney as soon as possible after a suspected wrongful death in order to preserve any evidence necessary to prove negligence. Additionally, the two-year deadline can approach quickly when loved ones are focused on the emotional and financial strain of the death.
SCHEDULE YOUR CONSULTATION
Rocky Walton is committed to helping his clients receive all of the compensation that they are due as the result of the wrongful death of a loved one. Contact our office today to schedule a consultation with Rocky Walton.
The personal injury information offered and contained herein, regarding personal injury statutes and claimants' rights is general in scope. No attorney client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice.