Every premature death is a tragedy for a family, but what makes a death wrongful? The law defines a wrongful death as a death caused by the grossly negligent action of another (a person or a company) with conscious disregard for the health and safety of others. The negligent party failed to act in a way that a reasonable person would have acted in that instance. They may even have been doing something illegal when the fatal accident occurred.
When a death occurs because of gross negligence, close family members may be able to seek financial recovery. While a financial settlement can’t erase the pain of losing a loved one, it can provide the stability you and your family need to move forward. If you are wondering if you have a wrongful death claim, call the Garland wrongful death lawyers from Ted Lyon Law at 877-Ted-Lyon (833-5966). We have represented the interests of grieving families in the area for 50 years. Our personal injury attorneys can help you understand your rights and options. Contact us for a free, no-obligation consultation. We assist clients in English and Spanish.
Frequently Asked Questions About Who Can File a Garland Wrongful Death Claim
Who can bring a wrongful death claim? Under Texas law, a surviving spouse, children, and the parents of the deceased can bring a wrongful death claim. It must be done within two years of the date of death.
Are there family members who can’t bring a wrongful death claim? Yes. Even though the deceased may have been a source of financial support and care, siblings, grandparents, and grandchildren cannot file a wrongful death claim. Stepchildren can file a claim only if they were legally adopted by the deceased.
Is there anyone else who could file a wrongful death claim? The executor or representative handling the person’s estate can file a wrongful death claim if a close family member has not done so within three months of the death. But if a family member objects, they cannot bring a claim.
Can creditors file a wrongful death claim? No, creditors cannot file a wrongful death claim, and neither can an ex-spouse.
Where does the money go if an executor gets a financial recovery for the estate? The money becomes an asset of the estate and is distributed according to Texas inheritance law.
Can creditors take the financial settlement from the estate? In most cases, creditors do not have a claim on a wrongful death settlement, but there are some exceptions for medical expenses for treatment provided to the deceased, back child support owed by the deceased, and unpaid taxes and student loans owed to the government.
For answers to all your questions and further guidance, connect with our Garland wrongful death attorneys.
What Kind of Compensation Can Someone Receive in a Wrongful Death Case?
Our Garland lawyers can help you pursue a fair wrongful death claim that accounts for all your losses. A wrongful death settlement can include compensation for:
- Medical bills for the care their loved one received before death
- The pain their loved one endured before death
- The pain and suffering, anxiety, and depression family members continue to suffer because of their loved one’s wrongful death
- Funeral and burial expenses
- Income lost if their loved one was a wage earner in the household
- Services that your family will lose because your loved one is no longer there to care for children or elders or the home
- Loss of love and companionship and guidance
Why Take Your Wrongful Death Case to Court?
Insurance companies have their own method for determining the value of wrongful death claims. But your case may have unique features, and you may not agree with their valuation. That could be one reason to take your case to court.
Another reason is to “get your day in court” if the person or business that caused your loved one’s death acted illegally, fraudulently, or with extreme, willful negligence. In such cases, the courts may award “exemplary damages” to punish them for wrongdoing.
Before you accept a settlement offer, talk with an experienced Garland wrongful death attorney at Ted Lyon Law. We can help you understand the potential value of your claim. Our legal team is here to protect your interests, and yours alone.
Call for a Free Consultation with a Garland Wrongful Death Attorney to Seek Justice for a Loved One
Schedule a free initial consultation with an experienced Garland wrongful death lawyer by calling 877-Ted-Lyon (833-5966) or contact us online. We handle all wrongful death cases on a contingency fee basis. That means we only earn a fee if we win your case. We can accommodate home or hospital visits and provide legal services in English and Spanish.
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.
