How To Fully Recover For A Wrongful Death

If your loved one has been killed as the result of someone else’s negligence, wrongful death attorney Rocky Walton can help you pursue justice with a 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. We 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 to face their future.

Understanding Wrongful Death Lawsuits

We are ready to fight for the rights of those who have lost their loved ones due to negligence. Many wrongful deaths are caused by motor vehicle accidents, such as those involving motorcycles18-wheelers, or impaired drivers. Wrongful deaths can also be caused by unsafe premisesdangerous drugsdefective medical devices, or dangerous working conditions. 

In order to make your case, we must prove:

  • Duty: The first step is to establish that the person or party who caused the accident 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 in accordance with acceptable standards.
  • Breach of duty: Once we have 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 or a failure to provide warning of or protection against hazards in the workplace.
  • Causation: Finally, 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. 

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. The exact amount will be determined by any medical expenses, lost wages, loss of future earnings, pain and suffering, and the costs of final care and burial. Reliable reports and other documents must be presented to verify your damages.

Black and white image of two people clasping hands
We are ready to fight for the rights of those who have lost their loved ones due to negligence.

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.

Accidents leading to wrongful death leaves loved ones devastated both emotionally and financially. We 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.

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.

Common Causes Of Wrongful Death

A wrongful death can be the result of many types of accidents. Among the most common causes in Texas are:

  • Car and truck accidents: Catastrophic motor vehicle accidents account for a large number of wrongful death claims. While seatbelts and other safety features such as airbags can minimize injury and prevent death, these features can only do so much in head-on collisions or rollover accidents.
  • Medical malpractice: When a physician or other healthcare professional makes a surgical error, misdiagnosis, or administration of an improper dose of medicine, patients can lose their lives.
  • Products liability: Every party involved in the design, manufacturing, and distribution of a product are required to meet certain safety standards. When a defective product hits the market and causes a death, surviving family has the right to sue the maker, designer, end distributor, or other parties responsible for the defect.
  • Construction or worksite accident: With many moving parts and large pieces of equipment on most construction job sites, fatal accidents are unfortunately common. Machinery can malfunction, electrical fires can start, and employees can falls from high places or slip along loose scaffolding. Employers and site owners are therefore expected to ensure that their work environments are as safe as possible.

Every case is unique and requires a thorough investigation to determine the cause and type of death. Rocky Walton has been helping families and other victims since 1987 and is here to help you, too.

Learn More About How We Can Help

Roger ‘Rocky’ Walton 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 case and works with you every step of the way. We offer a fee 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, contact us online or call us at (817) 576-8219 today.

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.

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Arlington Office

2310 W Interstate 20
Ste 200
Arlington, TX 76017

Open Today 8:00am - 5:00pm

We are located on I20 in south Arlington.