Wrongful Death Legal FAQs
Losing a loved one due to another’s negligence is a devastating experience no family should have to face alone. A North Texas wrongful death attorney can help hold negligent parties accountable and support you throughout the legal process. While it’s natural to feel overwhelmed, an experienced attorney can answer your questions and guide your family towards the right decisions. To help you find immediate answers, we have included some of the most common wrongful death questions families ask after an unexpected loss.
Answers to Common Wrongful Death Questions
Our wrongful death FAQ covers various points such as who is entitled to damages, how are settlements calculated, what can lead to a wrongful death lawsuit, what’s the statute of limitations, etc. If you have additional questions or are ready to discuss your case, our wrongful death attorneys are here to help.
Can I File a Wrongful Death Claim if the Deceased Did Not Have a Job?
Yes, a wrongful death claim does not apply only to lost income. In these cases, compensation can cover mental anguish, loss of companionship and the value of services the deceased would have provided had they lived.
Who Is Entitled to Damages in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the immediate family members are generally entitled to damages. In Texas, these family members typically include the deceased’s surviving spouse, children and sometimes parents.
How Does a Wrongful Death Lawsuit Vary From a Personal Injury Lawsuit?
A wrongful death lawsuit is brought when a person loses their life due to the misconduct or negligence of another party. In contrast, when an individual suffers harm but does not die, a personal injury lawsuit is filed. In a wrongful death claim, an attorney pursues damages for the surviving family members.
In the case of personal injury, the attorney seeks to recover damages on behalf of the injured persons for their injuries, past physical pain and suffering, medical bills, future physical pain and suffering, past mental anguish, future mental anguish, physical impairment, physical disfigurement, lost wages, and other damages under Texas law.
What Is the Statute of Limitations for Personal Injury and Wrongful Death Claims?
For personal injury or wrongful death lawsuits, the statute of limitations is two years from the date of the accident or death. There may be occasional exceptions where the period is extended, such as for product liability claims. However, allow sufficient time to build the case by speaking with a Texas litigation attorney as soon as possible.
What Circumstances Can Lead to a Wrongful Death Lawsuit?
Wrongful death refers to any fatality that results from another person’s wrongful act, carelessness, or neglect. Some of the circumstances that have led up to lawsuits in the past include care center negligence, traffic accidents, workplace negligence or violence, aggression and so on.
What Is Considered a Wrongful Death in Texas?
A wrongful death in Texas is one caused by another party’s negligence, recklessness or intentional act. Wrongful deaths often result from car accidents, workplace injuries, defective products and premises liability.
How Is a Wrongful Death Settlement Calculated?
A wrongful death settlement is calculated based on medical bills, lost income and emotional suffering. Factors like age and the circumstances of the death can also influence the eventual settlement.
Do Most Wrongful Death Cases Go to Trial or Settle Out of Court?
Many wrongful death cases can settle out of court if handled properly through negotiations between the parties and insurance companies. Some cases go to trial when a settlement cannot be reached, or when liability is disputed.
Can a Wrongful Death Claim Be Filed if There Is Also a Criminal Case?
A wrongful death claim can be filed alongside a criminal case because civil and criminal matters are separate legal processes. Individuals can seek civil compensation even if a defendant is not convicted of a crime.
How Much Does It Cost to Hire a Wrongful Death Attorney?
Hiring a wrongful death attorney costs nothing up-front when a personal injury attorney works on a contingency fee basis. The attorney is typically paid a percentage of the compensation recovered.
Speak With a Wrongful Death Attorney in North Texas
If you have any further questions and want to discuss a case, contact our wrongful death attorneys today. We’ve supported families in McKinney and across Texas for over four decades. Call Lucé Law, PC at (972) 632-1300 or request a free legal consultation.
