Wrongful Death Attorney
Any serious and preventable injury can be devastating, but cases of wrongful death can be especially shocking and traumatic.
If your loved one has been killed as a result of someone else’s negligence, attorney Rocky Walton can help you pursue justice.
Learn whether you have grounds to file a lawsuit with the help of our Arlington, TX, firm...
In Order to Collect Compensation, We Must Prove:
The first step for wrongful death attorneys is to establish that the person or party who caused the car accident or another type of incident owed your loved one a certain duty. This can be the duty to drive safely, the duty to provide a hazard-free workplace, or the duty to perform medical procedures or provide medical devices in accordance with acceptable standards.
Breach of Duty
Once a wrongful death attorney has demonstrated that the responsible party should have provided a proper standard of care, we must prove that they failed to meet it. This could be a failure to drive safely, a failure to provide sufficient medical care (medical malpractice), or insufficient warning of or protection against hazards in the workplace.
Finally, in order to move forward with a wrongful death case, we must demonstrate that this breach of duty actually led to your loved one's death. This is shown through medical records, eyewitness testimony, police reports, or workplace policies and procedures. The wrongful death lawyers at our Arlington law firm, serving Fort Worth and surrounding areas, will leave no stone unturned during this important part of the investigative process.
Once a breach of duty is established, what steps will a wrongful death attorney take next?
Determining Compensation for a Wrongful Death Claim
If a judge or jury 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, and more
- The costs of final care and burial
- 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
If surviving family members relied on the deceased person to provide financial support, the death can be even more catastrophic, and the financial hardship even more acute. Reliable reports and other documents must be presented to verify your damages. It is extremely important to save all types of documentation related to the incident and its effects, such as medical bills.
Claims on Behalf of an Estate
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). This could be applicable in wrongful death cases where the responsible party was texting behind the wheel, driving under the influence, or exhibiting other types of reckless behavior. Our Arlington firm, serving the greater Fort Worth area, will push for maximum penalties.
Schedule a Free Consultation with Our Law Firm Today
Our wrongful death lawyers understand there is no amount of money that can take the place of your lost loved one, but holding the responsible party accountable can provide the closure your family needs.
Roger ‘Rocky’ Walton, serving Arlington, Fort Worth, and nearby areas, is one of fewer than 3% of personal injury trial law specialists in the State of Texas. With a practice that dates back to 1987, Rocky knows what steps to take to properly handle your wrongful death case and works with you every step of the way. We offer a free initial consultation and work on a contingency fee basis, allowing you to focus on your family rather than pay upfront fees and costs. To learn more about wrongful death lawsuits, contact us online or call us at (817) 429-4299 today.
"It’s hard to convey how much this firm, Rocky Walton and his entire team, has helped us. When we had questions, they took care of us. When it was time to get things done, they took care of us." Crystal Cooper - July 2019
Who Can Receive Compensation?
You're likely wondering just how far these rights can be extended. In Texas, wrongful death compensation is limited to the:
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.
Accidents leading to wrongful death leaves loved ones devastated both emotionally and financially. Our wrongful death lawyer can help you recover the compensation your family deserves.
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.
Our Wrongful Death Attorney Can Meet Your Unique Needs
Roger "Rocky" Walton is ready to fight for the rights of clients in Arlington, Fort Worth, and surrounding areas 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.
Take the first step today by reaching out to our personal injury law firm. You can schedule a consultation with a wrongful death attorney online or call our law firm at (817) 429-4299.
I'm just not ready to consider a wrongful death lawsuit. Can't I wait?
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 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 a wrongful death 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.
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. Wrongful death lawyers such as Rocky Walton can walk you through the entire process and ensure that you are not taken advantage of during this delicate time.
"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.
How Does Pinpointing the Cause Affect My Case?
You might think it seems straightforward determining who is responsible for your loved one's death. If they were struck by a semi-truck driver, for instance, you might assume that driver error is to blame. But these unfortunate situations are often more complicated than they seem. 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.
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, and can bring this knowledge to work for you in the event of a wrongful death. His Arlington firm serves Fort Worth and other nearby communities.
You 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 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.
Set up your free initial consultation online or by calling:
Between medical bills and the funeral, I can't begin to think about paying for a wrongful death lawyer's fees...
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 not only be facing immediate concerns, such as medical expenses, but also uncertainty over how to maintain your quality of life in the future. To place the cost of an attorney within your reach, we offer:
- Free consultations: We offer free case reviews to clients in Arlington, Fort Worth, and surrounding areas so you have nothing to lose by scheduling a visit with our team.
- Contingency fees: Operating on a contingency fee 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 an Arlington attorney and learn whether you are eligible for compensation following the loss of a loved one.
"I went to Rocky's office, injured, confused, and not understanding what was going on with my injury. Not only did they take care of my personal injury claim, they advised me on what other steps I should be taking to protect my interests. I can't even express how grateful I am." Pat B. - December 2018
"I sought Rocky Walton for legal representation regarding a motor vehicular accident. The entire office staff and including Rocky was very thorough and helpful throughout the process. I definitely recommend Rocky Walton's staff and firm for those seeking representation with utmost professionalism and collaboration."
M.grace C. - February 2016
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.