Under Texas law, families who have lost a loved one because of the conscious, reckless, negligent actions of a person or business may be able to demand compensation in a civil court case. Wrongful death is the legal term that describes these cases. What makes a death wrongful? Every premature death is a tragedy to the family who has lost a loved one. But in a wrongful death case, part of that tragedy is the willful disregard for the health and safety of your family member. The party that caused the death failed to act as any reasonable person would. They may even have acted illegally.
While no amount of money can make up for the loss of your loved one, a financial settlement can provide the stability you and your family need to move forward. The Rockwall wrongful death lawyers 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 even in trial court. If you have questions about whether you have a right to file a wrongful death claim, call our personal injury attorneys at 877-Ted-Lyon (833-5966) for a free, no-obligation consultation. You can also contact us online.
Who Can Bring a Wrongful Death Case?
Under Texas law, a surviving spouse, children, and parents of the deceased can file a wrongful death claim, and they have two years to do so. Our Rockwall wrongful death attorneys can help you meet important legal deadlines.
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 financial settlement or verdict would then be split among existing family members based on Texas inheritance law. In this case, siblings, grandparents, grandchildren, and cousins might inherit.
What Kind of Compensation Can a Family Receive in a Wrongful Death Case?
Your loved one made many valuable contributions to your family that money simply cannot replace. An insurance company can provide, or the court can order, compensation for economic losses and non-economic damages. Our Rockwall fatal injury lawyers can help surviving family members get compensated for:
- The pain and suffering their family member endured
- The mental anguish, anxiety, and depression you and other family members are suffering now, after your loss
- Funeral and burial expenses
- Income your family would have received if your loved one was still alive and earning wages for your household
- The value of services your loved one provided in your household, such as childcare, eldercare, and other household services
- The loss of love, companionship, and guidance
If your case goes to court, you may also receive “exemplary damages.” That could happen if the judge wants to make an example of the parties at fault because they were particularly reckless, negligent, or engaged in activity that was illegal or fraudulent.
In Texas, exemplary damages are capped 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.
Should You Take Your Wrongful Death Case to Court?
It depends. Every case is different, and every insurance company is different. While insurance companies have a standard method for determining value, the facts of your case could warrant more compensation.
Our Rockwall wrongful death attorneys may be able to accomplish that in negotiations. With decades of personal injury legal experience, we have a deep understanding of the value of cases as well as extensive negotiation experience. We can advise you if we think your settlement offer is a good one or if we think it best to take your case to a judge or jury.
Call for a Free Consultation with a Rockwall Wrongful Death Attorney
Put our many years of legal experience to work for you. Schedule a free initial consultation to talk with a Rockwall wrongful death lawyer about whether you have a case. Call 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. 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.
