Every death is a tragedy to the family that has suffered a loss, but some deaths are legally considered a “wrongful” death. What makes it wrongful? Wrongful death is a legal term that applies when a death results from the gross negligence, malicious intent, or fraudulent action of another person or a business. The guilty party acts with conscious and reckless disregard for the health and safety of others.
In these cases, Texas law allows surviving family members to bring a wrongful death claim seeking financial compensation for their losses. If you believe your loved one may have died a wrongful death, talk to a Frisco wrongful death lawyer at the law offices of Ted Lyon Law. We have been representing grieving families in the area for more than 50 years. We’ve handled hundreds of wrongful death cases – from investigation through negotiations and in trial court.
We fight to ensure our clients receive the compensation they need and deserve. Call 877-Ted-Lyon (833-5966) for a free, no-obligation consultation with an experienced personal injury attorney. We can advise you of your rights and whether you may have a valid claim.
Proving a Wrongful Death Case
The key to winning a wrongful death case is being able to prove that the person or business was at fault—that they consciously acted with gross negligence, recklessness, and disregard for the health and safety of your loved one. It doesn’t matter if the guilty party intended the injuries; it just matters that they didn’t take reasonable care.
Some people do have malicious intent when they cause harm. For example, an aide may assault a nursing home resident, or a truck driver may have pushed a driver off the road in a fit of road rage. These could be criminal cases at first, and then civil cases seeking financial damages. (The evidence needed to win a civil case is less than what is needed for a criminal case.)
As your legal team in a Frisco wrongful death case, our job is to prove, by “a preponderance of the evidence,” that the other party was negligent or reckless and their behavior led to the death of your loved one. Learn more about the grounds for a wrongful death claim.
Can You Bring a Wrongful Death Claim?
Under Texas law, only a surviving spouse, child, or parent of the deceased can bring a wrongful death claim. If there are no close family members, or they fail to bring a claim within three months of the person’s death, the executor of the estate can do so. Close family members can prevent the executor from doing that if they wish to.
Regardless of who files the wrongful death claim, it must be done within two years of the death. Our wrongful death attorneys in Frisco can help you meet important deadlines.
How Much is a Frisco Wrongful Death Case Worth?
If your loved one’s death is proven to be due to the reckless or negligent actions of another, your family may be able to receive three kinds of financial recovery. Economic recovery for current expenses like medical and funeral bills, and future financial losses from lost wages, lost benefits, and lost retirement funds. Non-economic recovery is compensation for pain and suffering of the deceased as well as the family, loss of services your loved one provided to the family, and loss of companionship and parental guidance.
If your case goes to court, you could also be awarded exemplary damages. A judge or jury may award these damages if the behavior of the guilty party was particularly egregious and they want to make an example of them. Exemplary damages are capped under Texas law at $200,000, or twice the amount of economic and non-economic damages (not to exceed $750,000). But that cap does not apply in all cases.
If an insurance company offers a settlement, it will include economic and non-economic recovery. Only a judge or jury can award exemplary damages. Connect with our Frisco attorneys to learn more about damages in wrongful death cases.
Call for a Free Consultation with a Frisco Wrongful Death Attorney
We understand that after the trauma of losing a loved one, it may feel overwhelming to think of starting a legal case. Rest assured that our legal team will guide you and fight for you every step of the way. Call our office at 877-Ted-Lyon (833-5966) to schedule your free consultation or contact us online. Our Frisco wrongful death lawyers accept all cases on a contingency fee basis. That means we only earn a fee if we win your case.
Our law firm has been recognized in many ways over the years, including selection to the Super Lawyers list and an AV Preeminent Rating* in Martindale-Hubbell’s peer review rating system.
*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and ethical standards.
