When someone dies before their time, the results can be devastating for family, friends, and those who loved them. In addition to the grief and emotional loss, loved ones may have to cope with medical and funeral expenses, income loss, and quality of life changes.
When a loved one dies as a result of someone else’s carelessness or negligence, the guilty party may face criminal charges. However, even if someone is found guilty in a criminal trial, it doesn’t compensate the family and loved ones for their financial and emotional losses. Instead, survivors may need to file a wrongful death lawsuit in order to help them recover their damages and move forward.
A wrongful death lawsuit holds a party liable in court for the negligence that caused the death of a loved one and seeks financial damages for the loss. Because wrongful death cases are civil, and not criminal, cases, there are a few important factors:
These two types of cases are not mutually exclusive. If a person or entity caused loss of life through their negligence, they may be investigated by the police and found guilty in criminal court. They may also be sued by the surviving family members and found financially liable. Both types of cases are possible and often go together.
There is also a close relationship between personal injury and wrongful death. The types of damages recoverable in a personal injury case are also recoverable in a wrongful death case. If a person was injured as a result of the carelessness of someone else, begins the process of filing a personal injury lawsuit, and then dies of their injuries, their surviving family members can convert the personal injury suit into a wrongful death suit.
While many people may be affected by the death of a loved one or family member, not everyone is able to file a wrongful death claim in Dallas. Texas law specifies that only the following people are able to file a wrongful death lawsuit:
Generally speaking, all the survivors file a single wrongful death claim together and sue for all their damages at once, acting on behalf of the estate, minor children, and other surviving family members.
Modern family relationships are complex and changing and may not fit into the standard definitions set by Texas law. Same-sex couples, blended families, custodial grandparents, and other family members may be deeply affected by the loss of the deceased and should talk with a Texas wrongful death lawyer to understand their rights.
Wrongful death is caused by the carelessness or negligence of someone who has a responsibility to care for the safety of others. There are many situations where a person or entity can be held responsible for the death of someone else, and here are some of the most common:
Interpersonal violence, whether accidental or deliberate, is another common cause of wrongful death lawsuits. Family members of victims of accidental shootings, assaults, and other fatal incidents often hold the perpetrator responsible with a wrongful death suit.
If you have lost a loved one, no amount of money can fully compensate you for the grief and suffering you experience. However, the death of a loved one or family member can also have real financial impacts that cause unnecessary hardship. If you have lost a loved one due to the negligence of someone else, you may be able to recover:
Every case is different, and it is important to consult with a Dallas wrongful death lawyer to understand what damages may apply in your case.
In times of grief, you don’t need the added worry of legal bills along with everything else. Because Aaron Allison works on a contingency basis, you never have to worry about lawyer’s fees or legal costs until you win your case. This lets you focus on your needs and your family instead of worrying about attorney fees.
The Law Offices of Aaron Allison offer free consultations to learn more about your case and help you understand your rights. To speak with a Dallas wrongful death lawyer, call 512-474-8346 or contact us online today. Texas law limits the amount of time available to pursue a wrongful death claim, so don’t delay.
Back & Spinal Cord Injury News
Austin University Helps Heuro Patients Walk Again
Paralysis is a devastating condition that is often permanent. It is a common occurrence after serious spinal cord injuries such as broken or …
“I looked at several attorney’s for my husband’s case, and Aaron looks like he was the best one. He was the best Worker’s Comp attorney in our area of Texas. So, we called and made an appointment for an initial visit. Once we talked to him we got that he knows his job. Plus he’s very nice and very personable. We could tell that right away.”
— Mrs. Mario Caballero, Austin, Texas