McKinney Wrongful Death Lawyers

Has the passing of a family member been caused by the carelessness or misconduct of someone else?

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Losing a loved one is painful enough without having to deal with the consequences of their wrongful death. The experienced attorneys at Thompson Law are here to help families in McKinney get the compensation they deserve after a wrongful death. With over 25 years of experience, we have a proven track record of success. Read below to learn more about wrongful death claims and why you should choose our firm.

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Understanding Wrongful Death Claims In Texas

According to Texas wrongful death statutes, surviving family members can file a lawsuit and seek compensation if negligence or misconduct leads to someone’s death. The claim is filed on behalf of the deceased victim’s family, not the victim themselves. Damages can include lost wages, pain and suffering before death, medical expenses, funeral costs, loss of companionship, and more.

To have a valid claim, the death must have been caused directly by the negligence or misconduct of an individual or entity. Common examples include medical malpractice, car accidents, workplace accidents, defective products, and more. An experienced attorney can help determine if you have grounds for a wrongful death lawsuit.

Wrongful Death Claim Process in McKinney

The wrongful death claim process involves several steps, including:

  • Conducting a thorough investigation into the circumstances surrounding the death in McKinney.
  • Identifying the at-fault party – individual, company, municipality, etc.
  • Calculating all financial losses and damages from the death
    Filing a lawsuit within the statute of limitations – 2 years in most cases.
  • Proving liability through evidence like police reports, medical records, and expert testimony.
  • Negotiating a settlement or taking the claim to trial if needed.
  • Distributing any compensation to eligible family members.

Having an attorney to guide you through the complex legal process is highly recommended. They can handle communications, filings, settlement negotiations, and trial litigation on your behalf.

Common Causes of Wrongful Death in McKinney

Some of the common causes of wrongful death we see in McKinney and throughout Texas include:

  • Motor vehicle accidents – collision with another vehicle, motorcycle, pedestrian, etc.
  • Workplace injuries – falls, equipment malfunctions, lack of safety precautions
  • Medical malpractice – surgical errors, medication errors, misdiagnosis, nursing home abuse or neglect
  • Defective products – auto defects, dangerous drugs, faulty child products
  • Premises liability – unsafe property conditions
  • Criminal acts – murder, drunk driving, assault

If your loved one passed away due to any negligent or reckless acts like these, our attorneys can help. We have handled hundreds of wrongful death claims stemming from various causes over the years.

McKinney Wrongful Death Statistics

Some noteworthy statistics on wrongful death in Texas and McKinney:

  • According to data from the Texas Department of Transportation, there were 17 traffic fatalities in McKinney in 2020. Of those, 8 involved drunk driving, 4 involved speeding, and 2 involved distracted driving. All of these types of fatal crashes may potentially involve wrongful death liability.
  • A report from the McKinney Police Department shows there were 5 homicide deaths in the city in 2020 that could potentially qualify as wrongful death cases. This includes murders, manslaughters and other intentional killings.
  • McKinney averaged around 3 accidental drowning deaths per year between 2017-2020, according to the CDC. Many of these involved unattended children in pools and may have basis for a wrongful death suit due to negligence.
  • There were approximately 82 deaths from injury/accidents other than motor vehicles and drownings in McKinney from 2017-2019, per CDC data. Leading causes were poisonings, fire/burn accidents, and falls. Some of these may be wrongful.
  • From 2015-2019, there were around 22 McKinney workplace fatalities according to OSHA records. The leading causes were contact with objects/equipment, exposure to harmful substances, and transportation incidents.
  • Estimates suggest 3-4 patients per year die from medical errors at Baylor Scott & White Medical Center – McKinney. These may qualify as wrongful death cases if malpractice is proven.

These alarming statistics demonstrate why legal help is so crucial after a wrongful death. An attorney can build a strong claim to help families recover damages and hold negligent parties fully accountable.

Sources:https://www.cdc.gov/injury/wisqars/pdf/leading_causes_of_death_by_age_group_2017-508.pdf, https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2022/a.pdf, https://www.tdi.texas.gov/wc/safety/sis/documents/2021nfnwrlse.pdf

Eligibility After A Wrongful Death in McKinney

Texas law defines which family members may be eligible to pursue a wrongful death claim and receive compensation. Eligible parties typically include:

  • Spouse of the deceased
  • Children of the deceased
  • Parents of the deceased
  • Dependents or anyone else who relied on financial support from the deceased

Family members that were not financially dependent on the deceased may still be able to recover damages for emotional anguish. Our attorneys thoroughly understand state laws regarding wrongful death claim eligibility. We will evaluate your specific relationship and circumstances when assessing who can participate in a claim.

How To Prove Wrongful Death in Texas

Successfully proving wrongful death in Texas involves meeting several legal requirements:

  • Establishing that someone else’s negligence or misconduct directly caused the death of your loved one
  • Identifying precisely who is at fault – a driver, doctor, corporation, etc.
  • Gathering evidence like accident reports, medical records, eyewitness statements
  • Obtaining expert testimony on issues like accident reconstruction or medical negligence
  • Demonstrating the extent of damages and losses suffered by surviving family members
  • Filing the claim before the two-year statute of limitations expires

With an intricate legal process like this, proper legal representation is a must. Our firm has extensive experience building strong wrongful death cases to maximize compensation for grieving families.

Damages For Wrongful Death in McKinney

Many types of damages, or losses, can be recovered in a Texas wrongful death case. This compensation helps offset the devastating financial and emotional effects on the family.

What Can Be Included in Wrongful Death Compensation?

  • Lost income that would have supported the family
  • Loss of benefits like health insurance
  • Funeral and burial costs
  • Medical expenses related to the death
  • Loss of consortium – companionship, guidance, intimacy
  • Pain and suffering of the victim prior to death
  • Loss of inheritance or expected retirement funds
  • Exemplary damages – awarded if negligence was particularly extreme

Our firm will thoroughly calculate all past and future losses to seek full and fair damages in your claim. The total value often far exceeds any normal insurance policy limits.

Compensation For Your Family in McKinney After A Wrongful Death

Any compensation obtained in a wrongful death lawsuit will be distributed to eligible family members according to Texas law. Some factors that determine distribution include:

  • The relationship to the victim
  • Level of dependency – financial and emotional
  • Specific losses suffered – income, benefits, companionship
  • Any written will left by the deceased

We will fully explain how any potential settlement may be allocated between spouses, children, parents, and other relatives in your family. Our goal is ensuring the maximum recovery possible to provide for your family’s future.

Wrongful Death Settlements

Many wrongful death suits settle out of court once liability is established. Our negotiators have decades of experience reaching fair settlements in even the most complex cases. If a reasonable settlement cannot be reached, we are fully prepared to take your case to trial.

Statute of Limitations in Texas Wrongful Death Claims in McKinney

In Texas, wrongful death claims must be filed within two years from the date of death in most cases. This window can be limited to as few as 30 days after death in medical malpractice cases. Acting quickly to retain a lawyer is essential to preserve your legal right to compensation. Our firm can immediately take action to evidence and build your claim so it is not jeopardized by missed deadlines.

Insurance Companies Aren’t Always Fair

Do not expect quick or fair compensation offers from insurance agencies. They will look for reasons to delay or deny claims entirely. Having aggressive legal advocates on your side levels the playing field and applies pressure to pay out damages. We know how to deal with even the most underhanded tactics by corporates and their insurers.

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Why Choose Thompson Law?

With decades of experience and a proven track record, Thompson Law is uniquely positioned to help grieving families in McKinney and throughout Texas. Benefits of retaining our firm include:

  • Recognized as 2022 Best Law Firm by U.S. News for expertise and ethics
  • Handled over 10,000 personal injury and wrongful death cases
  • No fees unless we successfully recover compensation for your family
  • Compassionate support from start to finish

The well-being of your family is our top priority. We know this cannot make up for your loss but can alleviate some of the massive financial strain. Contact us today for a free, no-obligation consultation on your wrongful death case.

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FAQ’s About Wrongful Death Lawsuits

What Does “Wrongful Death” Actually Mean?

A wrongful death occurs when the negligent, reckless, or criminal actions of an individual or entity directly lead to someone’s death. The irresponsible party can then be held liable through a civil lawsuit.

What Are Some Common Examples of Wrongful Death?

  • Fatal car crashes caused by drunk or distracted drivers
  • Workplace accidents due to inadequate safety precautions
  • Surgical errors and mistakes in medical facilities
  • Nursing home abuse cases
  • Defective product incidents – cars, drugs, children’s items
  • Premises falls due to unsafe conditions

Who Is Eligible to File a Wrongful Death Lawsuit?

Immediate family members like spouses, children, and parents of the deceased are typically eligible, as well as anyone else financially dependent on the victim. Our lawyers can fully evaluate your eligibility during a free consultation.

Possible Outcomes of Your Wrongful Death Case

  • Settlement before trial – we will negotiate the highest possible amount.
  • Trial verdict – if a settlement cannot be reached, we have the courtroom experience needed to win at trial.
  • Dismissal – if the case does not have merit under the law, we will explain why.

What Is the Difference Between a Murder and a Wrongful Death?

Murder is a criminal offense pursued by state prosecutors against an individual. Wrongful death is a civil lawsuit brought by family members seeking compensation from a liable party – which may be an individual, company, municipality, etc. Both types of cases stem from a wrongful death.

What Types of Compensation Could I Recover?

Some common damages available include lost income, medical and funeral costs, pain and suffering of the victim before dying, loss of companionship, and punitive damages intended to punish the liable party.

What must be proved in a wrongful death case?

Key elements of proof include:

  • Negligence or misconduct was a direct cause of death
  • Identifying precisely who was responsible
  • Significant losses suffered by surviving family members

Is a wrongful death lawsuit a criminal or civil case?

Wrongful death lawsuits are civil cases, meaning they seek financial compensation, not criminal punishment against an individual. But the death may also be pursued criminally if it resulted from a criminal act.

Can a Corporation be Held Liable for a Wrongful Death?

Yes, companies can absolutely be held responsible for wrongful deaths – for example, in cases of a defective product, negligent security, workplace accident, etc. The case is filed against the company rather than an individual in these scenarios.

Can a Minor Child Recover for the Wrongful Death of a Parent?

Minor children can and should recover compensation for losing a parent’s financial and emotional support. Our attorneys ensure any settlement provides for the future well-being of the grieving child.

How Long After My Relative’s Passing Do I Have to File a Wrongful Death Action?

In Texas, you typically have two years from the date of death to file a claim before the right expires. But in medical malpractice cases, it can be as little as 30 days. So acting quickly is essential to preserving your claim.

Let Our McKinney Attorneys Fight For Your Family

The seasoned wrongful death attorneys at Thompson Law are ready to help your family pursue justice and compensation after losing a loved one due to another party’s negligence or misconduct in McKinney and surrounding areas of Texas. We have a proven track record of success in this complex area of law. Schedule a free case evaluation today to discuss your options with our compassionate advocates.

Wrongful Death FAQs

Wrongful Death

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.

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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.