Losing a loved one due to someone else’s negligence, gross negligence, or intentional act is distressing. Wrongful death claims are a unique type of lawsuits filed when someone dies due to the defendant’s negligence, gross negligence, or, sometimes, deliberate action or inaction.
According to Texas Law, a lawsuit can be filed by Arlington wrongful death lawyers if a person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default, causes the death of another. If you intend to file a wrongful death claim in Arlington, do not hesitate to contact Patterson Law Group for legal representation.
What to Expect from a Wrongful Death Claim
In a wrongful death claim, damages get paid to compensate surviving family members of the deceased. The damages cover losses arising from the untimely death of the deceased. Texas has a statute of limitations that requires wrongful death lawsuits to be filed within two years of death. However, there can be an extension in some situations. For further details about these situations, or if the 2-year deadline is approaching, talk to Arlington wrongful death lawyers.
Not Everyone Can File a Wrongful Death Claim
In Texas, a wrongful death claim can be filed by:
- Surviving children, parents, or spouse of the deceased individual against individuals who caused the underlying accident that led to the death.
- Adopted children of the deceased. Nonetheless, if you are adopted, and your biological parents die, you likely cannot file a wrongful death claim.
- Adoptive parents can file a wrongful death lawsuit if their adopted children suffer an untimely death.
- An executor of the deceased’s estate or his/her representative in case the surviving parents, spouse, or children fail to file a wrongful death lawsuit within three months of the death, can file the suit instead. If a surviving family member requests the lawsuit not to be filed, the executioner or personal representative of the deceased may not be able to file.
Surviving siblings cannot file a wrongful death lawsuit for the loss of a sister or brother, whether adopted or biological.
Arlington Wrongful Death FAQ
What Are the Types of Damages Recoverable in a Wrongful Death Claim in Arlington?
Wrongful death claims in Texas compensate for losses such as:
- Lost earning capacity
- Emotional and mental pain, suffering, and anguish
- Lost maintenance, care, advice, services, and support that the deceased would have rendered to his/her loved ones.
- Lost love, comfort, and companionship
- Loss of consortium
- Lost inheritance, including whatever the deceased would have saved and willed to surviving family members had he/she lived a normal and expected lifetime
Who Can Recover Compensation Through a Wrongful Death Act?
In wrongful death claims, a defendant can be held liable for damages through monetary compensation. Once the damages get awarded, they will be divided among the deceased individual’s surviving family members. This is done in proportion to the suffering that they underwent due to the untimely death. The court determines the proportions. In most cases, compensation is recovered by immediate family members; that is, the deceased individual’s surviving spouse, children, and surviving parents.
What Type of Evidence Do I Need to Prove Negligence?
The damages that are available in wrongful death cases are different from those in standard negligence cases. The plaintiff should prove similar elements that characterize other civil lawsuits. These elements are:
- Duty. For the defendant to be legally liable for negligence, he/she must have owed the deceased a duty of care.
- Causation. It should be proved that a breach of duty led to death.
- Damages. The plaintiff also needs to prove that the decedent suffered damages (in this case, death).
Talk to a Wrongful Death Lawyer in Arlington Today
After a loved one dies due to another person’s negligence, gross negligence, or intentional act, you will feel sad, depressed, and uncertain about the future. This is where Patterson Law Group comes in. The firm’s attorneys will take over your case and ensure that you get compensated for your loss and the resultant damages, allowing you and your family to focus on grieving while Patterson Law Group focuses on holding the responsible party legally responsible for the death of your loved one.
Our offices are located at 2310 W. Interstate 20 Suite #100 Arlington, TX 76017. Call us today through 817-784-2002 to schedule an appointment.