Denton Wrongful Death Lawyers

Understanding Wrongful Death Lawsuits in Denton

In Denton, a wrongful death lawsuit allows the surviving family members to seek compensation from the party responsible for their loved one’s untimely death. Unlike criminal cases that focus on punishment, wrongful death cases aim to provide financial relief to the surviving family members who have suffered as a result of their loved one’s passing. If you believe that another person’s wrongful act, negligence, or carelessness caused the death of your loved one, you have the right to file a wrongful death claim.

A wrongful death claim is a lawsuit filed with the help of a wrongful death lawyer when you believe a loved one has died as the result of someone else’s negligence or carelessness. The negligence can be the result of poor practices in the workplace, a slip and fall accident, medical malpractice, traffic accidents, pedestrian accidents, or a variety of other personal injury accident scenarios.

In short, if a loved one was lost because of someone else’s poor decisions or carelessness, then you may be entitled to compensation for their loss. There are many types of personal injury accidents that result in wrongful death claims, but Denton wrongful death attorneys most often assist with traffic accident and other wrongful death claims in Texas.

In fact, in 2021 Texas roads did not have one “deathless” day. This means that at least one person died every day of the year in a traffic accident. Pedestrian accidents also increased by 15.24% in 2021. It seems drivers are becoming more careless by the day, and they should be held accountable when their actions take another’s life. A wrongful death lawyer can help you hold these negligent drivers accountable if your loved one is the victim of a fatal auto accident.

Wrongful Death Statistics in Denton

Wrongful death claims arise when the negligence, recklessness, or intentional actions of another party result in someone’s death. In Denton, various statistics provide insights into the most common causes of wrongful death:

• According to data from the Texas Department of Transportation (TxDOT), there were over 45 traffic accident fatalities in Denton County in 2022. Many of these involved negligent behaviors like drunk driving, speeding, or texting while driving.
• Falls are the leading cause of wrongful death for seniors aged 65+ nationwide according to the Centers for Disease Control and Prevention (CDC), including instances of unsecured rugs and stairs in elder care facilities.
• The Occupational Safety and Health Administration (OSHA) reports over 500 workplace fatalities in Texas annually. Employer negligence such as lack of training or protective equipment can be implicated.
• Defective products cause over 100 wrongful deaths per year in Texas according to Consumer Reports, including faulty auto parts, dangerous children’s toys and products, and home goods.

Common Types of Wrongful Death Claims

The most common form of wrongful death claim in Denton is for motor vehicle accidents. Motor vehicle accidents are the second leading cause of unintentional death among people under 44 in the US, and is second only to poisoning (which includes accidental drug overdoses). While motor vehicle accidents are most frequently associated with car accidents, more broadly it includes injury accidents such as:

• Car accidents
• Truck wrecks, such as 18-wheelers, buses, cement trucks, and other commercial vehicles
• Motorcycle crashes, including tricycles (or trikes), mopeds, and off-road bikes
• Pedestrians struck by motor vehicles
• Bicycle accidents

Causes of Wrongful Death Cases

Wrongful death actions can arise from various circumstances, including automobile accidents, medical malpractice, product liability, accidents at work, and construction site accidents. To succeed in a wrongful death claim, you must demonstrate that the defendant’s negligence or action directly caused your loved one’s death and that you have suffered damages as a result of that loss. A skilled Denton wrongful death attorney can help gather evidence and build a strong case on your behalf.

Frequent Factors in Fatal Texas Accidents

While no two wrongful death cases are identical, statistics reveal patterns among the most common causes of preventable fatal accidents in Texas. By understanding these trends, future tragedies may be avoided, and families who lose loved ones can pursue accountability.

Speeding is implicated in nearly one-third of fatal wrecks, with drivers exceeding posted limits or unsafe for conditions. Pedestrian collisions also account for a significant portion as walkers are extremely vulnerable. Other high-risk behaviors like distraction, impairment, tailgating, and erratic lane changes contribute heavily as well.

But deadly accidents reach far beyond highways. Construction sites, industrial facilities, oil fields, and workplaces statewide seeserious incidents related to unsafe conditions, defective equipment, lack of training, and improper procedures. Medical facilities wrestle with errors that cost patients their lives. Dangerous premises conditions, from unsafe pools to aggressive dogs, lead to avoidable deaths. Product defects turn household items into hazards.

The common thread is negligence that prioritizes profits or convenience over human life. Our firm helps families and communities disrupt this pattern. By uncovering how and why these tragedies occur, we can reform dangerous practices and prevent them from claiming more innocent lives. Justice provides accountability and hope for positive change.

If one of your loved ones has passed away due to injuries caused by the negligence of another person or entity, our Denton wrongful death attorneys may be able to help. Call us today for a FREE CONSULTATION.

Who Can File a Wrongful Death Claim?

In Denton, only certain individuals have the legal standing to file a wrongful death claim. Typically, the spouse, children, and parents of the deceased are eligible to bring a claim. Other family members, such as siblings, grandchildren, and stepchildren, may not have the right to file a wrongful death lawsuit. It’s crucial to consult with an experienced Denton wrongful death attorney to understand who is eligible to pursue legal action in your specific case.

Possibility of Recovering Damages

The damages available in a wrongful death claim aim to compensate the surviving family members for their loss and the financial impact it has caused. Recoverable damages may include funeral expenses, pain and suffering, loss of companionship, loss of inheritance, loss of support, and other related expenses. In certain cases, exemplary damages may also be awarded if the death resulted from willful acts or gross negligence. While no amount of money can truly make up for the loss of a loved one, obtaining a fair settlement can help alleviate the financial burden during this difficult time.

Statute of Limitations for Wrongful Death Suits

It’s important to note that every type of case in Texas is subject to a statute of limitations, which sets a time limit for filing a lawsuit. In Denton, wrongful death actions should be initiated within two years of the decedent’s date of death to avoid losing the rights to file suit. Consulting with a capable wrongful death lawyer in Denton as soon as possible after the death of your loved one can help ensure all claims are filed within the appropriate time period.

Contact a Denton Wrongful Death Attorney Today

If you have lost a loved one due to another’s negligence or inaction, seeking the assistance of a knowledgeable and compassionate Denton wrongful death attorney is crucial. At Thompson Law, we have the experience and dedication to guide you through the legal process and fight for the justice and compensation you and your family deserve. Call us today at 844-308-8180 to schedule a free case consultation. We are available 24/7 to provide you with the support and legal representation you need during this challenging time.

Wrongful Death FAQs

Wrongful Death

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What is the wrongful death statute of limitations in Texas?

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.

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What Should I be Aware of When Considering a Wrongful Death Case?

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.

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How Do You Determine Who is At-Fault in Wrongful Death Cases?

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.

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What is the Process for Filing a Wrongful Death Lawsuit?

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.

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Do I Have to go to Court for a Wrongful Death Lawsuit?

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.

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What Damages are Recoverable in a Wrongful Death Lawsuit?

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.

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Who Can File a Wrongful Death Claim in Texas?

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.