Wrongful death is a legal term that describes a death caused by the negligent but willful actions of another (a person or a company), disregarding the health and safety of others. They failed to take the care that a reasonable person would have taken. They may even have acted illegally—drunk driving, for example, and then getting in a fatal car crash. Not every death is a wrongful death, but when it is, a financial settlement can provide the stability you and your family need to move forward from this tragedy.
Let the Plano wrongful death lawyers advise you of your rights and explain your options. The personal injury attorneys at Ted Lyon Law have represented the interests of grieving families in the area for 50 years. We have handled hundreds of wrongful death cases—from investigation through negotiations and in trial court. If you think you have a wrongful death case, call our office at 877-Ted-Lyon (833-5966) for a free initial consultation. We assist clients in English and Spanish.
Who Can (and Can’t) Bring a Wrongful Death Claim?
Under Texas law, the only people who can bring a wrongful death claim are the surviving spouse, children (unless the deceased had lost or relinquished parental rights), and the parents of the deceased. People who cannot start a wrongful death claim include ex-spouses, siblings, grandparents, grandchildren, cousins, and creditors of the deceased.
If there are no close family members, or they fail to bring a claim within three months of the person’s death, the executor or representative of the deceased person’s estate can file a claim unless the family requests otherwise. A settlement or verdict in the case would then be split by existing family members based on Texas inheritance law. Those with legal standing to make a claim must file within two years of the date of death. Our wrongful death lawyers in Plano can help you meet all necessary deadlines.
What Kind of Compensation Can You Receive in a Wrongful Death Case?
Your loved one made valuable contributions to your family in many ways. Surviving family members may be compensated for these:
- Medical care their loved one received before death
- The pain and suffering your loved one endured before death
- The mental anguish, anxiety, depression, and suffering you and other family members continue to suffer as a result of their death
- The funeral and burial expenses
- Income that your family will lose because your 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
While insurance companies have a standard method for determining the value of intangible contributions, every case is different. There may be a reason why your case should be considered differently than others. Our Plano legal team will be your advocates through the process of a wrongful death claim. Our job is to ensure your interests and the interests of children are protected.
What Kind of Recovery Can You Get If You Go to Court?
There are three kinds of financial recovery in wrongful death cases. We discussed two of them above – economic and non-economic recovery. But if your case goes to court, you may also receive “exemplary damages.” That is, if the facts behind your loved one’s death prove that the other party’s behavior was grossly negligent or illegal, or that they acted fraudulently to cover up evidence, the court may choose to punish them for wrongdoing.
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, particularly if a crime was involved. Before you accept a settlement offer, talk with an experienced Plano wrongful death attorney at Ted Lyon Law, so you have a good understanding of the potential value of your claim.
Call for a Free Consultation with a Plano Wrongful Death Attorney
Schedule a free initial consultation with an experienced Plano wrongful death lawyer by calling 877-Ted-Lyon (833-5966) or contacting 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.
