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What Are the Elements of a Wrongful Death Lawsuit in Texas?

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An Experienced Texas Wrongful Death Lawyer Can Make the Case for Compensation

Wrongful deaths are preventable tragedies caused by someone else's negligence or bad intention. Wrongful death examples include fatal car or truck accidents, medical malpractice, homicide due to negligent security, defective products, slip and fall accidents, and fatal work injuries.

The grief and pain family and loved ones feel after a fatal accident, or violent death is immense. The cost of a preventable tragedy can be just as immense. Texas law does give grieving families some legal recourse, but you need to act quickly to protect your rights. If you have experienced the accidental or violent death of a loved one, you probably have questions. Contact Weinstein Law for a free case consultation. For general information about how to file a successful wrongful death lawsuit in Texas, read on.

Elements of a successful wrongful death lawsuit in Texas

The four general elements of a wrongful death case are:

  • Someone has died.
  • The person died due to someone else's negligence or willful intent to harm. Examples of wrongful death negligence include fatal car accidents, premises liability accidents, negligent security that leads to violence, and medical malpractice.
  • The victim's surviving family is suffering financial losses because of the death. The financial burden of losing a loved one includes the loss of their contributions to household income and maintenance, as well as medical and funeral expenses.
  • The person taking action is qualified to do so. Only certain people are allowed to take legal action over death. They are the victim's surviving spouse, child or children, and parents. If none of the eligible family members file a claim within three months, the executor of the estate can file the claim. An experienced Texas wrongful death attorney can help you determine who can take action and explain your options for beneficiary compensation.

Wrongful death compensation

No amount of money can replace a loved one killed in a wrongful death accident. But victims' families should not have to suffer emotionally and financially. Families of people killed by another's negligence are often eligible to collect compensatory damages. This is money to cover losses like:

  • Loss of companionship.
  • Loss of financial support.
  • Replacement services.
  • Lost prospect of inheritance.
  • Loss of parental guidance.
  • Mental anguish.
  • Medical and funeral expenses.

The amount of pecuniary damages collected is affected by many factors. Unfortunately, an insurance company will say just about anything to get out of paying what they owe you. To them, your family's tragedy is just another expense, and they want to minimize it. This is where a lawyer can aggressively advocate for the magnitude of your loss. We push back against insurance adjusters who diminish the contributions your loved one made to you and other loved ones

When a person dies due to a willful act, omission, or gross negligence, beneficiaries may also be awarded exemplary damages (called punitive damages in some states). Punitive damages are awarded by the court and are meant to punish the wrongdoer and deter similar incidents in the community.

We will fight for the compensation you deserve

If you have experienced the avoidable death of a loved one we would be honored to listen to your story and explain your family's legal rights. Wrongful death attorney Jeff Weinstein is a compassionate and trusted Texas lawyer who is relentless when it comes to getting justice and compensation for the surviving family of fatal accident victims.

You should know that Texas has a two-year statute of limitations (legal deadline) on wrongful death action. But it's in your interest to talk to an attorney much sooner than that. It takes time to investigate and get to the bottom of what happened to your loved one, and evidence can disappear over time.

People often have a lot of questions after a loved one's death. In a free consultation with Weinstein Law, a member of our team can answer your wrongful death legal questions and explain your options for compensation. We are available to hear from you anytime, day or night. You are not alone in this. We can help you pursue results. Contact Weinstein Law to schedule your free case consultation today.

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