Wrongful Death Lawyer

When you’ve lost a loved one due to someone else’s actions, whether intentionally or accidentally, a wrongful death lawyer help you recover compensation. Certain family members have the legal right to file a lawsuit. In addition, there are deadlines for suing the at-fault person.

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Wrongful Death

Based on the law, what is a wrongful death?

Under Texas laws, wrongful death can apply to a person or to an unborn fetus. Wrongful death occurs when someone else’s actions are neglectful, reckless or irresponsible, and they cause injury that leads to death. One way to look at wrongful death is like a personal injury claim that the person could have filed if they had lived.

Many different situations can result in wrongful deaths, including car wrecks, pedestrian accidents, motorcycle accidents, commercial vehicle accidents, 18 wheeler truck accidents, bus accidents, railroad accidents, and the list goes on.

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What types of damages can you recover from a
wrongful death lawsuit?

The court can award money for certain types of damages or losses in a wrongful death suit. The surviving spouse, children and parents can receive monetary payment based on how the loss affected them. Payment can cover medical and funeral expenses in addition to the following types of losses:

  • Lost earning capacity
  • Care, maintenance, services, advice, support and counsel that the loved one would have provided for surviving family members
  • Mental pain and anguish the family experienced due to the death
  • Companionship, comfort and society the loved one would have provided
  • The lost inheritance based on the likelihood of what the deceased loved one would have saved and given to surviving family members

What time limits exist
for filing a wrongful death lawsuit?

A time limit for filing a lawsuit is called a “statute of limitations.” Texas allows up to two years from the date of the person’s death to file a wrongful death lawsuit.

As in a personal injury lawsuit, the wrongful death lawyer must prove that the person who caused the death was negligent. In other words, their irresponsible actions or lack of taking the action that a reasonable person would have taken led to the fatal injuries. 

Who Has the Legal Right to File a Texas Wrongful Death Lawsuit?

Based on Texas law, the surviving spouse, children and parents of the person who died can file a wrongful death lawsuit. One or more can file on behalf of them all. If the family has not filed a lawsuit within three months of their loved one’s death, the personal representative or executor of the deceased person’s estate may file the claim. The exception would be if the family requests that a there be no lawsuit filed.

Types of Injury Cases We Handle

Personal-Injury

Personal Injury

Personal injury happens when someone fails to be responsible, and their negligence or reckless actions lead to harm.

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18 Wheeler Accidents

18-wheeler truck accidents involving semi-truck tractors and trailers often result in life-threatening injuries or the death of a loved one.

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Car Wrecks

Every year close to 500,000 car wrecks take place in Texas, which occur at the rate of one crash every one hour and 57 seconds. (TXDOT 2021 statistics)

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Rural Road Accidents

Did you know that the majority of accidents in Texas and throughout the United States take place on rural roads and highways?

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Hwy 80, 30 & 20 Accidents

Car wrecks are common in Texas where Farm-to-Market (FM) roadways intersect with other highways, such as HWY 20, 30 and 80.

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Wrongful Death Lawsuit

In a wrongful death lawsuit, family members sue another person or persons who knowingly or negligently caused the death of their loved one.

Arrange a Free Consultation

If you’ve lost a loved one through wrongful death, contact Stucky Injury Law to find out how we can help. We will evaluate the prospects of pursuing a case and explain your legal rights to file a claim. The death of loved one often goes beyond the emotional loss and also has financial repercussions. We will protect your rights to receive fair compensation.

Contact us online or call (214) 453-1190 to schedule a free consultation.

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205 E. US Hwy 80, Ste. 105
Forney, Texas 75126

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