Fort Worth Wrongful Death Attorneys

Which Parties Should Work With a Fort Worth Wrongful Death Lawyer?

According to state law, anyone who has lost a family member due to another person’s negligence may be eligible for compensation. The family members that may recover damages for wrongful death include:

• The spouse or domestic partner of the deceased.
• Parents of the deceased if they were unmarried and younger than 18 years old.
• Siblings of the deceased who resided with them at the time of death.
• Children (under age 18) of the decedent.

Other parties may be eligible to recover damages, including:

• A partner of same-sex marriage or civil union.
• A stepchild who resided with the deceased at least 90 days before death.
• Someone who shared a child with the decedent.
• The legal representative of the estate of the decedent.

The following individuals and entities can be held liable for wrongful death:

• Automobile drivers and riders
• Medical facilities
• Unsafe property owners
• Construction companies

Other individuals or companies who have caused the accident may also be held accountable. If you believe you have a valid claim, contact FH Law Group immediately to schedule a free consultation with a Fort Worth wrongful death lawyer.

What is Wrongful Death?

Before we proceed, we should explain what wrongful death is and the times where the death of an individual is considered wrongful death.

According to Texas law, wrongful death is defined as the death of an individual caused by someone else’s negligence or intentional action.

If the person responsible for the accident was intoxicated, impaired, or otherwise negligent at the incident, they could be held legally accountable for your loved one’s death.

When is a Death Not Considered a Wrongful Death?

Sudden and unexpected deaths do not meet Texas’s conditions required for a wrongful death claim. The main reason for this is that it is hard to argue that another party was at fault when the death happened quickly.

A few examples of types of sudden and unexpected deaths include:

• Death caused by a heart attack.
• Death caused by an aneurysm.
• Death caused by brain dysfunction.
• Death caused by respiratory diseases such as pneumonia or pulmonary embolism.

As you can tell, unexpected deaths are not wrongful deaths unless someone’s action caused the complication that led to the death. This means you can’t hold another party accountable for your family member’s heart attack, even during an accident.

What Can You Recover?

You could recover damages if your family member died due to accident, negligence, or misdeeds of another person. The injuries you’re entitled to will depend on what your loved ones would have earned during their lifetime had they survived the incident.

These damages include:

• Funeral expenses.
• Medical bills.
• Loss of past and future income.
• Loss of benefits (life insurance, retirement benefits, etc.).
• Loss of support for parents/children/spouse/partner.
• Punitive damages if the death was caused by intentional or reckless conduct with no reasonable justification.
• Pain and suffering damages in some cases where the injuries were particularly severe.

Other types of financial recovery can be applied to wrongful death claims depending on your circumstances, including inheritance loss and society loss. You must speak with a Fort Worth lawyer to discuss these damages in depth.

Steps We Take While Handling Your Wrongful Death Claim

The Fort Worth wrongful death attorneys at FH Law Group will begin by requesting an official copy of your loved one’s death certificate. Receiving this document may help you proceed with certain aspects of your life that require evidence to prove a family member has passed away.

You and your attorney will discuss the details of your loved one’s death and how it happened. We’ll need you to provide as much detail about the incident, including where it occurred, what time of day or night it occurred, and what led up to it, if applicable.

We’ll compile a list of all financially-related costs you’ve incurred since the accident, including a loss of expected income. This will help us determine how much to request damages from the other party or parties involved.

Your Fort Worth wrongful death lawyer will also conduct a thorough investigation into what led up to your loved one’s passing while also building a solid case against any negligent party that may be liable.

We’ll do our best to work with you as much as possible and explain the order of events as we proceed through the legal process. Here’s what to know about some of the significant ways we help represent your family and loved ones:

Accident Investigation

We look closely at the incident in question during an investigation. The investigation will provide details about the accident which can impact your case. It also enables you to decide whether or not you should pursue compensation from a party that could be held liable for failing to maintain their property or provide adequate security.

We’ll also determine if the accident caused a property owner’s negligence, such as an unsafe business or premises. Knowing more about how the incident occurred is crucial to making sure we’re filing the appropriate claim against the relevant parties.

Dispute Allegations of Blame Against Your Family Member

It’s not uncommon for people to blame the victim after a severe accident. We help you refute any allegations of your loved one’s negligence or fault for the accident so you can get justice.

Unfortunately, not all accidents are caused by a negligent party. Accidents may also result from a family member’s actions or another factor that was not their fault.

If you believe your loved one was at-fault for the accident, we can help give you an honest assessment to know if compensation is deserved. If it’s determined another party holds some or all of the responsibility for your loved one’s death, we’ll work to ensure you receive compensation from them.

Negotiating with Insurance Companies

Once our investigation is complete, we’ll present you with the information that helps claim compensation for your wrongful death. We’ll also inform you of how much more evidence we need to complete the investigation before going forward.

We’ll then get in touch with all parties that may be liable for wrongful death and negotiate with them on your behalf. Insurance companies will often make low settlement offers, but settling on an acceptable amount may take time. If negotiations aren’t possible, you can expect us to move forward with filing a wrongful death claim in court.

Suing for Wrongful Death

If we can’t agree with the insurance company or the other party responsible, we’ll file a wrongful death claim and proceed with taking them to court.

We handle all aspects of litigation on your behalf and ensure you’re kept up-to-date on what to expect throughout the process.

Seeking Compensation for Your Loss

Our team will work with you to recover damages that aid your family’s healing after losing a loved one. These include funeral expenses, medical costs, loss of future income, pain and suffering of the individual who passed away, loss of companionship experienced by remaining family members, and any other financial burdens you may have incurred since the death.

Is There a Statute of Limitations for Wrongful Death Actions in Fort Worth, TX?

The Statute of Limitations for Wrongful Death in Texas is the same as the general personal injury Statute of Limitations (time limitations for filing a claim).

The basic rule is that most people have two years from their injury to file a lawsuit against those who injured them under Texas law.

However, minors and persons under a disability may file an action within one year of turning 18 or becoming able to sue, whichever comes later.

Which Damages Can You Recover in Wrongful Death Claims?

You could be entitled to recover damages for economic loss, including lost wages or medical expenses you incurred due to your loved one’s death.

Economic damages are determined by calculating any future losses you would’ve encountered if your family member had lived through the accident.

How much you recover depends on the individual circumstances of your case, though some common types of damages include:

• Funeral expenses and loss of future earnings for your loved one.
• You or other family members incurred medical bills or health care costs since the accident.
• Any physical or mental impairment you or other family members suffered is directly related to the accident.
• Loss of care, comfort, and guidance your loved one provided.
• Any pain and suffering your loved one experienced before death.

Although there’s no way to know how much you’ll recover, we’ll work to ensure you and your family receive compensation that covers your losses and helps you move forward.

What if You Cannot Prove Wrongful Death?

The fact that you cannot prove wrongful death or that your loved one was at fault for their death doesn’t mean you can’t recover compensation.

In some cases, a party will be partially responsible for the accident and liable to pay benefits over a certain amount. For example, if a plaintiff is 25% responsible for their injuries, they may only receive 75% of damages related to these injuries.

Whenever there’s a partial liability from an insurance company or other party responsible for the accident, we’ll negotiate to allocate the total compensation as long as you’re entitled to it.

We’ll present all evidence available to determine whether you deserve financial recovery from another party involved in the accident.

How Can You Determine Who Is Responsible For Your Loved One’s Death?

The decision to move forward with filing wrongful death claims is never an easy one. Still, our Fort Worth personal injury attorneys can provide you with more information on how exactly these cases work.

In most instances, the party responsible for your loved one’s injuries or death will be determined at fault and held accountable through a court of law if they cannot negotiate a settlement out of court.

To explore which parties may be liable for their accident and hold them financially responsible, you’ll need to consider what happened to it to determine who was responsible.

For example, if a motorist drove through a yellow light at high speed, they were at fault for their injuries.

However, if the motorist was driving over the speed limit, they are also at fault for any other parties involved in the accident. This includes anyone who suffers injuries due to being struck by this car.

At FH Law Group, we can help you determine who is at fault for your loved one’s death while exploring all possible avenues of compensation available to you under Texas law.

We have extensive experience with wrongful death claims and will work tirelessly on your behalf, so you receive every dollar available to pay costs associated with your loss.

If you or a family member suffered injury or death in an accident that wasn’t your fault, consider contacting our Fort Worth personal injury lawyers.

Wrongful Death Claims and Survival Actions

A Texas wrongful death legal claim involves two separate and distinct claims: (1) a wrongful death action and (2) a survival action.

The wrongful death claim is intended to provide compensation to loved ones for their own losses and harm suffered from the death of a close family member.  Under Texas law, the spouses, parents, and children of a decedent can seek damages for a wrongful death claim.  The damages are not part of the decedent’s personal estate.  Rather, the damages are paid to compensate family members for the loss of a loved one.  Damages that may be sought through a wrongful death claim include (1) the decedent’s lost income; (2) loss of decedent’s potential earnings and benefits; and (3) compensation for not having the decedent in their lives.

The other legal claim that is typically brought in conjunction with a wrongful death claim is a survival action.  The action is called a survival claim because its purpose is to have someone step into the shoes of the decedent.  Survival actions belong to the estate of the deceased, so the claim is asserted by the estate representative or the decedent’s legal heir.  Surviving loved ones can jointly bring the claim in the absence of a legal beneficiary.  Damages available through a wrongful death claim in Texas include: (1) the decedent’s medical bills, (2) compensation for pain and suffering by the decedent (cases where death is not instantaneous), (3) unnecessary pain and suffering of family members from the accident until the passing of the decedent; and (4) burial expenses.

Because Fort Worth wrongful death lawyers at FH Law Group have collectively handled over a hundred trials, insurance companies recognize that they are prepared to take a case to trial if their clients do not receive an appropriate settlement offer.  Some of the wrongful death cases we handle include the following:

• Auto accident cases
• Trucking accidents
• Falls from elevations
• Rollover accidents
• Motorcycle accidents
• Violent crimes
• Pedestrian accidents
• Construction accidents
• Industrial accidents

Speak with a Fort Worth Wrongful Death Attorney

Our wrongful death lawyers in Tarrant County understand the grief and financial hardship faced by family members who lose a loved one because of the intentional criminal or negligent conduct of a third party.  Our law firm provides legal services based on compassion, commitment, and personalized attention.  Call us today at (817) 697-4400 for a free consultation.