Wrongful Death Lawyer Serving Caddo Mills, TX
Any traumatic event has the potential to cause death. When it is the result of negligence, it is known as a wrongful death. This is emotionally and financially devastating for families who have suffered the loss of their loved one. When you are trying to take legal action and navigate the path ahead, a wrongful death lawyer serving Caddo Mills, TX will be by your side to shed light on your options and share your burden.
Smith & Lee provides compassionate support to ease the pain and financial weight you have suffered because of your loved one’s death. When a Caddo Mills personal injury Lawyer handles your case, they will put you first and create a tailored plan for securing maximum compensation. Our team also makes sure that the party responsible for your loved one’s death is brought to account.
Our team wants to help you with your tragic loss. To request a free consultation to discuss potential wrongful death litigation, contact our law firm online. You can also call us at (972) 771-2579.
Why You Should Choose Smith & Lee to Handle Your Wrongful Death Case in Hunt County
When you choose Smith & Lee to represent you, you receive high-quality services that prioritize your needs in the aftermath of a wrongful death accident.
We Do Right by Our Neighbors
We focus on doing right by our clients and ensuring that at-fault parties are held accountable and take responsibility for their actions. When these types of life-changing events happen, our team is by your side, advocating for you until you receive the results you deserve.
We Have the Qualities That Matter During Difficult Cases
It is important to know what qualities to look for when deciding who to hire as your lawyer. Since this person is representing your interests and holding your future settlement in their hand, it’s important to look for a lawyer who is compassionate and honest, can analyze the factors involved in your case and applicable strategies, and is determined to fight for you and provide unwavering support.
Our team possesses these qualities and knows how to leverage them on your behalf.
What Is Considered a Wrongful Death?
A wrongful death is any fatality that is the result of negligence or recklessness by another person or party. These deaths are often caused by preventable circumstances and leave families reeling from the unexpected and unjust loss of their loved one.
Common Causes of Wrongful Deaths in Hunt County
Wrongful death cases can be caused by various types of accidents that cause fatal injuries. For some victims, the impact of an accident can result in immediate death, while others may experience a delayed death due to complications from injuries.
Since negligence or recklessness typically contribute to these deaths, any type of accident that may be born from these qualities can be considered a cause. Vehicle accidents, defective products, premises accidents, dog bites, and more are common contributing factors.
Types of Legal Actions That May Be Taken After a Wrongful Death Accident
There are two types of claims that can be filed after the wrongful death of an individual: a wrongful death claim and a survival action. Both are outlined in the Texas Civil Practice and Remedies Code Chapter 71. Each type of action has a different purpose, which ensures that losses are recovered more comprehensively. Both actions can be initiated simultaneously.
Wrongful Death Claim
Wrongful death claims allow surviving family members to recover compensation on behalf of the individual who was wrongfully killed. The purpose of this claim is to provide for the losses they have suffered and offset the expenses they face because of their loved one’s death.
Only certain family members are eligible to file a wrongful death claim. This generally includes the decedent’s spouse, children, or parents. Any compensation awarded is for their benefit.
Survival Action
Even in death, the wrongfully killed individual still has the right to recover losses caused by a negligent party. However, in this situation, a survival action is brought on behalf of the decedent’s estate. It covers the expenses that were incurred in the interim period between the accident and their death, as well as the costs associated with final arrangements.
This type of legal action is brought by the decedent’s personal representative to pursue compensation the decedent would have been entitled to if they were alive.
Evidence That Can Be Used When Filing Wrongful Death Actions
Both types of legal action require evidence of the decedent’s death and the other party’s actions that resulted in an accident fatality. The more evidence available, the stronger your claim may be against the at-fault party. Evidence in a case is generally a combination of documentation you have gathered and additional records that wrongful death lawyers in Hunt County have collected with their resources. If you are unsure about what to include with your wrongful death claim, seek the advice of your lawyer.
Common forms of evidence that may be submitted with your claim may include the decedent’s death certificate, the autopsy report, and the police report. It is also beneficial to provide medical records and bills, photos or videos, surveillance footage, documentation of financial losses, and expert and witness testimonies. These and other forms of evidence can provide clarity on what happened and the suffering experienced by your family and the decedent. Evidence also influences the strategies used in your case.
The Impact of a Wrongful Death on Surviving Family Members
A wrongful death can have a profound effect on surviving family members.
Making Final Arrangements
In addition to grieving the traumatic loss of their loved one, family members are also left to deal with final arrangements, logistics, and a loss of financial support, especially if the decedent was the breadwinner in the family. This can place an enormous burden on families as they try to move forward without their loved one.
Loss of Future Financial Support
Besides grieving their loved one’s loss of life, surviving members may struggle to support themselves after the decedent’s death. The death of an individual often marks the loss of an income source, which may affect financial obligations and daily living expenses. Families may also be left to pay for some of the decedent’s final expenses in some situations. A wrongful death could also signify a loss of inheritance.
Pain, Suffering, and Loss of Companionship
The life of a loved one is irreplaceable, and family members suffer the pain of injustice and the loss of the decedent’s presence in their life. This may mean a loss of consortium for spouses, loss of parenting for children, as well as an overall loss of companionship. These traumatic deaths can have a lasting impact on family members.
How Liability for a Wrongful Death Is Established
During the legal process for wrongful death actions, the at-fault party’s actions must be clearly demonstrated so they can be held liable. For example, if your loved one was killed in a drunk driving accident, then you must provide evidence that the driver was intoxicated while they were behind the wheel and thereby wasn’t in control of their actions at the time of the accident. This is just one example of how you must establish another party’s role in the outcome of a personal injury accident.
Elements of Negligence Must Be Present
There are generally four elements that must be shown to demonstrate negligence and its causes in a wrongful death.
- The first is the duty of care, which delineates the other party’s safety obligations to you
- The next step shows that there was a breach of duty to your loved one
- This is followed by causation, which means showing what actions caused the accident and the resulting death
- Finally, the at-fault party is liable for damages
Our wrongful death attorneys in Caddo Mills can help you demonstrate each element so you can satisfy the requirements and recover a settlement. To ensure you have a strong case, our lawyers will work diligently to collect sufficient evidence to show exactly how the other party caused your loved one’s death. Your lawyer will also ensure that they match the right strategies to the specific situation you are in for favorable results.
Shared Fault Can Impact What You Can Recover in a Wrongful Death Claim
Unfortunately, there may be times when your loved one may have contributed to the accident that took their life. While this doesn’t necessarily mean you are out of options, it may mean that you will recover a lower settlement amount.
According to Texas Civil Practice and Remedies Code Chapter 33, settlements are reduced in proportion to an individual’s level of fault if they contributed 50% or less. Those whose fault is above 51% are prohibited from recovering damages.
How a Wrongful Death Attorney Can Help
Because fault plays such a big role in how much compensation you receive, you should talk to your lawyer about any fault your loved one may hold in the accident. They can work to minimize fault and negotiate on your behalf so your settlement isn’t significantly reduced.
Our lawyers understand the importance of compensation in your case, and they will aggressively fight to recover as much as possible. They will also protect you from unnecessary deductions in your settlement award.
Compensation for Losses in the Wake of a Wrongful Death
Compensation can help families recover after the loss of their loved one. Not only does it help you with the costs of final arrangements, but it can also ease some of the financial strain and loss caused by the lack of income the decedent provided. No two wrongful death settlements are alike, though, since the circumstances are different in every case. Your settlement will provide for the specific losses your family is facing.
Common losses that are recovered through wrongful death actions include:
- Various medical and end-of-life expenses
- Funeral and burial costs
- Lost wages or income support
- Property damage caused by the accident
- Loss of inheritance
- Emotional and mental distress
- Reduced quality of life
- Pain and suffering
- Loss of consortium, companionship, or parenting
How Much Can You Win in a Wrongful Death Claim?
Consult a lawyer to discuss how much you may be able to recover as part of your settlement. Our team will ensure that all losses are included as they work to calculate the value of your case.
In some instances, you may also be able to recover punitive damages if the cause of death involved gross negligence or extreme recklessness. Talk to our wrongful death attorneys near Caddo Mills to understand what compensation you are entitled to in your case.
Two-Year Time Limit to File a Wrongful Death Case in Texas
Wrongful death actions are subject to statutes of limitations that dictate the cutoff point for taking legal action. In Texas, that is two years from the time that the death occurred, according to Texas Civil Practice and Remedies Code § 16.003.
If you wait too long to take legal action, you may have limited options or be unable to recover the losses you’ve suffered. Talk to your lawyer as early as possible so you can initiate your claim and retain your rights.
Be Prepared for the Insurance Company
Insurance companies often look for ways to avoid paying you, even after the loss of a loved one. They may try to blame your loved one for the accident that took their life, or use technicalities to avoid paying out a settlement.
Our lawyers are prepared and equipped to fight for you and make insurance companies offer you what you are owed. You should also review all settlement offers with your lawyer before accepting anything.
Contact Our Wrongful Death Attorneys Near Caddo Mills, TX
Smith & Lee are compassionate advocates in your time of need. We’re here to help you protect your rights and your family’s future by fighting for you and ensuring that you receive the compensation you deserve. We work diligently to ease your suffering by handling the logistics of your case while you focus on grieving and healing. To schedule a free consultation with our wrongful death lawyers near Caddo Mills, contact our law firm online. You can also call us at (972) 771-2579.