- April 22, 2024
- Wrongful Death
Whether you are aware of it or not, risk is involved in virtually everything we do. From driving to work in the morning to undergoing a surgery, there are plenty of avenues for something to go wrong. When incidents occur that could have otherwise been avoided, however, and they result in the injury or death of another person, then a wrongful death claim may be brought forth. In today’s blog, your Dallas, TX catastrophic injury attorneys take a look at what it means to prove a wrongful death claim in a court of law and what our attorneys can do to help represent you or a loved one in these matters.
Personal Injuries, Wrongful Death, and Your Rights
In the state of Texas, a wrongful death can be defined as one that occurs as the result of death caused by another person’s or company’s neglect, carelessness, or wrongful act. Under Texas law, individuals or companies may be held liable for deaths occurring as a result of carelessness or negligence.
Given the nature of a wrongful death claim, it is important to understand that the decedent’s surviving spouse, children, or parents all have a right to file a lawsuit. Though there are protections under the law for individuals harmed in this manner, wrongful death law can be complicated and challenging to prove. Because of this, it is imperative you have an experienced attorney on your side to help you traverse the intricacies and obtain the justice you and your family deserve. To learn more about this process and what our team can do to help, give us a call today.
Is There a Statute of Limitations?
As with several areas of law and personal injury claims, wrongful death claims do have a statute of limitations. Almost every civil action or crime has a statute of limitations, and, generally speaking, the time frame in which you must file your wrongful death claim in the state of Texas is two years since the person’s death. Even if you feel you may have missed your window to file, contact and speak to an experienced wrongful death attorney to learn if you still have options.
What Kinds of Damages Can I Receive?
In typical wrongful death cases, the claimant can sue for pain and suffering. Additional damages that can be awarded can include loss of comfort, loss of consortium, loss of ability to enjoy life, loss of support, emotional trauma, PTSD, and all the other mental, emotional, and practical losses you face not directly related to financial costs. You can also sue for punitive damages as well, however, keep in mind that punitive damages are typically only awarded in rare situations where the damage done was so egregious that additional compensation is warranted.
Proving Your Case In Court
There’s nothing more devastating than losing a loved one, except for learning that their death could have been avoided. Contact Crain Brogdon LLP in Dallas, TX by calling (214) 522-9404 for a free consultation and speak with our legal team today.
Attorney Quentin Brogdon
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]
