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Losing a loved one is painful enough without having to fight for justice. The dedicated Plano wrongful death attorneys at Thompson Law help grieving families in Arlington and across Texas get answers, accountability and fair compensation after tragic accidental deaths.
According to Texas statute, a wrongful death claim can be filed when a person is killed due to the negligence or misconduct of another party.
The claim is not filed on behalf of the deceased, but rather by qualifying surviving family members seeking damages for their own losses resulting from the death. Damages can include lost companionship, mental anguish, and loss of expected inheritance or earnings.
A wrongful death claim is a civil action, separate from any criminal charges that may be pursued. The burden of proof is lower than in a criminal trial, based on “preponderance of evidence” rather than “beyond reasonable doubt.”
Wrongful death claims often involve fatal accidents, which are a leading cause of preventable deaths in the U.S. according to the CDC.
In Texas, the most common causes of accidental death include:
While no amount of money can ever make up for the tragic loss of a loved one, financial compensation obtained through a wrongful death lawsuit is necessary to cover damages suffered by grieving families. Understanding key local statistics can demonstrate the potential grounds for legal action in cases of accidental or wrongful death.
Plano averages over 30 fatal motor vehicle crashes per year. Speeding, drunk driving, distraction and other negligence contribute to many of these preventable deaths. Pursuing compensation against at-fault drivers is critical.
There have been more than 15 workplace accident fatalities in Plano over the past decade, according to data from the Bureau of Labor Statistics. Falls, electrocutions, and struck-by incidents are common causes. Holding negligent employers accountable is key.
Local hospitals and medical facilities report above-average rates of preventable patient deaths compared to national benchmarks, signaling the potential for deadly medical mistakes. Families rely on malpractice claims when poor care leads to death.
Over 20 deaths per year in Plano result from accidental drug overdoses and poisonings – a rate higher than national averages. Advocates argue many are preventable with proper safety measures by manufacturers and sellers.
There are around 5 fatal pedestrian accidents annually in Plano, highlighting the need to pursue claims against inattentive or reckless drivers who hit people. Thompson Law’s experienced attorneys can fully investigate accident and wrongful death cases in Plano to determine if negligence or misconduct was involved. We then pursue maximum compensation for grieving families through settlements or jury verdicts. Don’t hesitate to contact us if you lost a loved one due to another party’s negligence in Plano or anywhere in Texas.
Sources: National Highway Traffic Safety Administration, Centers for Disease Control and Prevention, TDI Texas, Texas Department of Transportation
The following surviving family members may be eligible to pursue a wrongful death claim:
If none of these immediate family members are living, more distant relations including grandparents and adult children may also have standing to file a claim. Our lawyers can evaluate your specific family circumstances during a FREE CONSULTATION.
In order to prove wrongful death due to negligence in Texas, our attorneys must establish that:
Successfully proving these elements requires thorough investigation, extensive documentation, and testimony from experts including accident reconstruction specialists, medical examiners, worksite safety analysts, product defect engineers, economists calculating loss of earnings/inheritance, grief counselors and others.
The experienced team at Thompson Law leverages cutting-edge resources to build strong wrongful death cases for clients throughout Texas. We handle collecting evidence, negotiating with insurance companies, and pursuing maximum compensation through settlements or jury verdicts if needed. Contact us today for your FREE CONSULTATION.
There are two main categories of damages that can be claimed in a Texas wrongful death lawsuit:
Economic damages compensate surviving family members for quantifiable monetary losses including:
This covers future inheritances the family would have received if the deceased had not passed away prematurely.
Calculating the loss of wages, salary, bonuses, retirement contributions, and other earnings the deceased would have generated over their remaining working years.
Valuing contributions like childcare, transportation, household chores and other services the deceased used to provide.
The immediate expenses of funeral services, burial plot, headstone, transportation of remains, flowers and related costs.
Non-economic damages provide compensation for more intangible grief and suffering such as:
The damage to relationships with the absence of day-to-day companionship.
Compensating for the mental or physical pain the deceased experienced prior to death.
Addressing emotional distress, trauma, depression, and other mental anguish of surviving family members.
Harm to marital relations, intimacy, or family dynamics.
Our attorneys will aggressively pursue the full scope of economic and non-economic damages applicable in your case, leveraging financial experts to quantify losses. This ensures your family is fully compensated both for tangible monetary damages and the intangible harm of losing your loved one. We fight to hold negligent parties fully accountable.
Losing a loved one is painful enough without having to fight insurance companies for fair compensation. Thompson Law helps by:
We provide compassionate guidance and work tirelessly so grieving families can focus on healing while we handle pursuing wrongful death compensation.
In order to preserve your right to pursue a wrongful death claim in Texas, a lawsuit must be filed within 2 years from the date of your loved one’s death.
This deadline can creep up quickly while families are still grieving, so contacting our attorneys promptly can be essential to protecting your interests. We offer FREE, NO OBLIGATION case evaluations so you can understand your options.
Insurance carriers have an incentive to minimize claim payouts whenever possible. Tactics can include:
Having an experienced wrongful death attorney on your side levels the playing field and lets companies know they can’t take advantage of grieving families. We fight for maximum compensation and have a proven track record of results.
Thompson Law has helped hundreds of families across Texas get justice, closure and compensation after tragic accidental deaths. Working with our attorneys provides experience, reputation, dedication and compassion.
Our firm has over a decade of experience successfully representing Texas families in complex wrongful death cases. We know this area of law inside and out.
Nationally recognized as leaders in the field of personal injury and wrongful death law, our attorneys and firm have an excellent reputation. We are regarded as top litigators by our peers.
We tenaciously fight to secure the maximum financial recovery possible for our clients. We have a proven record of obtaining substantial results and compensation through settlements or verdicts.
We bring compassion, empathy and understanding to clients during an incredibly difficult time. Our entire team appreciates the sensitivity needed to work with grieving families.
We work on a contingency-fee basis meaning no out-of-pocket costs for clients. Our fees come solely from the compensation we obtain for you.
Losing a loved one is hard enough. Getting fair compensation should not be. Contact us today to discuss your options with an experienced wrongful death attorney.
Losing a loved one raises many questions and uncertainties about your legal options. Here we answer some of the most common questions we hear from grieving families:
Who can file a wrongful death claim in Texas?
The decedent’s spouse, children, parents, and potentially siblings have standing to pursue compensation through a wrongful death claim. Our attorneys can advise on eligibility.
What types of damages can be recovered?
Economic damages cover quantifiable losses like funeral costs, lost income, and medical bills. Non-economic damages provide compensation for grief, pain and suffering.
How long do I have to file a claim?
In Texas there is a 2-year statute of limitations to file a wrongful death lawsuit after the date of death. Acting promptly is essential.
Does a criminal charge need to be pursued?
No, wrongful death claims are separate civil actions with a lower burden of proof than criminal cases. They require proving negligence led to the death.
Will a claim impact criminal proceedings?
It’s possible, but unlikely. We work closely with prosecutors when applicable to prevent our civil claim from interfering with any criminal matters.
What if the at-fault party has limited insurance?
We will pursue every available source of compensation, including personal assets. And we fight to prove gross negligence to seek punitive damages when warranted.
How long do these cases usually take?
Anywhere from several months for straightforward settlements to several years if a claim must be litigated through trial. We regularly provide updates on timelines.
Please let us know if you have any other questions – we’re happy to provide more information about the wrongful death claim process and how we can help your family pursue maximum compensation. Contact us today for your FREE CONSULTATION.
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 charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
