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Losing a loved one is painful enough without having to deal with legal and financial burdens. If your family member died due to another party’s negligence or misconduct, you may have grounds for a wrongful death claim in Texas. The experienced Amarillo wrongful death lawyers at Thompson Law are here to help your family pursue justice and receive compensation during this difficult time.
A wrongful death claim is a civil action brought on behalf of the surviving family members of someone who died due to another party’s negligence or misconduct. For a claim to be valid in Texas, the death must have been caused by one of the following:
The claim is filed by the surviving spouse, children, or parents of the deceased on behalf of all beneficiaries. This allows the beneficiaries to recover damages that compensate for their loss.
According to the Centers for Disease Control and Prevention (CDC), the top causes of accidental death in the US are:
Common causes of wrongful death claims stem from:
Essentially any kind of accident caused by negligence or misconduct could potentially lead to a wrongful death claim. Our experienced Amarillo wrongful death lawyers can help determine if your case qualifies.
These statistics demonstrate how prevalent wrongful death incidents are statewide. Our Amarillo wrongful death lawyers can determine if your loved one’s death qualifies for a claim.
Source: https://www.cdc.gov/injury/wisqars/pdf/leading_causes_of_death_by_age_group_2017-508.pdf https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812826 https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2022/a.pdf https://www.tdi.texas.gov/wc/safety/sis/documents/2021nfnwrlse.pdf
Texas law allows the following people to be beneficiaries in a wrongful death claim:
The law also allows grandparents, siblings, or any children/parents of the deceased to file a claim if there is no surviving spouse, child, or parent at the time of death.
Like with any personal injury case, claimants must be able to prove the elements of negligence. These include:
The defendant owed a duty of reasonable care to the deceased. For example, drivers must drive carefully to avoid crashes.
The defendant breached their duty through negligent or reckless actions. For example, driving drunk and causing a collision.
The defendant’s negligence directly led to the death.
Monetary and non-monetary losses suffered by the claimants.
Good documentation and evidence gathering can help prove these elements. Our Amarillo wrongful death lawyers will thoroughly investigate your case.
There are two types of damages that can be recovered in a wrongful death claim:
These compensate claimants for quantifiable financial losses like:
These cover non-tangible, quality of life losses like:
Our experienced Amarillo wrongful death lawyers can help claimants recover both economic and non-economic damages.
Wrongful death compensation is distributed according to Texas law:
This ensures fair disbursement of damages to all eligible family members suffering the loss.
The statute of limitations is the deadline to file a claim in Texas:
This time limit can be complex if the initial injury and death dates differ. An attorney can provide guidance so your claim isn’t jeopardized by missing the deadline.
Insurance carriers protect their profits above the needs of grieving families. Adjusters may use tactics to minimize payouts like:
Having legal representation levels the playing field against insurers. Our Amarillo wrongful death lawyers have extracted maximum compensation from insurance companies for decades.
If you lost a loved one due to another party’s negligence in Amarillo or elsewhere in Texas, the wrongful death attorneys at Thompson Law can help. Call (844) 308-8180 or contact us online for a free consultation.
With over 25 years of experience, our attorneys have successfully handled hundreds of death claims involving:
We are trial-tested, having taken on Fortune 500 companies and won. Our founder, Attorney Ryan Thompson, has held leadership roles in multiple lawyer associations. We have the resources and skill to stand up to insurance carriers and negligent parties on your behalf.
Thompson Law believes in justice, transparency and compassion. We offer no obligation FREE CASE REVIEWS. We don’t get paid unless we obtain compensation for your family. Let us reduce the burden so you can focus on healing. Our experienced wrongful death lawyers will fight to get your family the maximum compensation. Call today.
The surviving spouse, children, parents, grandparents, siblings, or any children/parents of the deceased if there is no surviving spouse, child, or parent at the time of death.
Economic damages like lost income, benefits, funeral costs, medical bills, etc. and non-economic damages like loss of companionship, mental anguish, pain and suffering.
2 years from the date of injury. This time limit can be complex if the initial injury and death dates differ.
Anywhere from several months to several years depending on the complexity of the case and factors like settlement negotiations and trial dates. An attorney can provide a better case-specific timeline.
Attorney fees vary but typically range from 33.33% to 40% of the compensation recovered for claimants. Some firms work on contingency fees which means they only get paid if they recover compensation.
Yes, police reports may assign blame prematurely. A full investigation by an attorney can uncover additional evidence and factors that show the other party was actually negligent and at fault.
Yes, if the negligent party dies, a claim can typically still be made against their estate or insurance company. An attorney can help navigate this.
As soon as possible to preserve evidence and witnesses’ memories. An attorney can then conduct a full investigation and provide guidance on your legal options and time sensitivities.
In Texas, you have two years from the date of death to file a wrongful death suit. This differs from the statute of limitations for typical personal injury claims not involving death, which allows two years from the date of the accident to file a lawsuit. Our skilled wrongful death attorneys can help ensure you meet all the legal requirements and deadlines necessary. If a wrongful death lawsuit is not filed by the proper person within the time allowed by law, you will lose your right to recover monetary damages.
Knowing the applicable statutes of limitations, understanding the elements of negligence and proximate cause, and gathering evidence to establish liability are all crucial factors that can influence the outcome of a wrongful death case.
Wrongful death cases can be highly emotional and complex, making it crucial to determine who is at fault. In these cases, liability is determined by analyzing the evidence to identify who acted negligently or intentionally caused the death. This often involves investigating the circumstances leading up to the incident, such as whether the victim was in a safe environment and whether there were any contributing factors to the death. Additionally, insurance policies and state laws may also come into play when determining fault. It’s important to have a skilled attorney who can guide you through the legal process and help you receive the compensation you deserve. While nothing can bring back a loved one, accountability can bring some closure and justice for the family.
The loss of a loved one can be a devastating experience, especially when the death was caused by another person’s negligence or intentional harm. In such situations, the surviving family members may be entitled to file a wrongful death lawsuit against the responsible individual or entity. The process for filing a wrongful death lawsuit typically involves gathering evidence, hiring an attorney, filing the complaint, and going through the discovery process which involves exchanging information and evidence with the opposing party. The case may then proceed to trial or settle outside of court. It is important to remember that each state has its own laws and procedures for filing a wrongful death lawsuit, so it’s recommended to consult with an experienced attorney to help guide you through the process.
While many wrongful death cases settle out of court, anyone filing a lawsuit should prepare for the possibility of having to go to trial. A skilled wrongful death attorney can litigate on your behalf to ensure the best possible outcome for you and your family.
In Texas, damages for wrongful death can include funeral and burial expenses, loss of financial support, loss of possible inheritance, pain and suffering, and loss of society, companionship, support, and care. In some instances, punitive damages might be sought. These are damages intended to punish the guilty party and deter other parties from engaging in the same conduct.
In Texas, the surviving spouse, children, or parents can file a wrongful death claim. If no family members file, an executor of the deceased person’s estate may file. Here is a complete guide to wrongful death claims in Texas.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.
