Carrollton Wrongful Death Lawyers: Pursuing Justice For Your Loved Ones
At our law firm, we understand that the loss of a loved one is one of the most devastating experiences a family can endure. When that loss is due to someone else’s negligence or wrongful actions, the pain can be compounded by feelings of anger, confusion, and a desire for justice. As dedicated wrongful death lawyer Carrollton, we are here to guide you through this difficult time and help you understand your legal options.
Wrongful death is a legal term that refers to a situation where a person’s death is caused by the negligent, reckless, or intentional actions of another party. In such cases, the surviving family members may have the right to seek compensation for their loss through a wrongful death claim. As experienced wrongful death attorneys in Carrollton, we have helped numerous families navigate this complex legal process.
Understanding Wrongful Death Claims in Texas
Texas law defines wrongful death as a fatality caused by another person’s or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default.” This broad definition covers a wide range of situations, from fatal car accidents to workplace incidents. As a Carrollton wrongful death law firm, we have extensive experience handling various types of wrongful death cases.
Some of the common causes of wrongful death that our Carrollton wrongful death attorneys encounter include:
- Car accidents: Tragically, many wrongful death cases stem from fatal car crashes caused by drunk driving, distracted driving, or reckless behavior on the road. Our wrongful death lawyers in Carrollton have a deep understanding of traffic laws and accident reconstruction techniques, which are essential in building a strong case.
- Workplace incidents: Fatal accidents at work sites, especially in construction or industrial settings, often lead to wrongful death claims. Our wrongful death attorney in Carrollton is well-versed in workplace safety regulations and can help families navigate both workers’ compensation and third-party liability claims.
- Product liability: Defective products, from faulty vehicle components to dangerous medications, can lead to fatal accidents. Our Carrollton wrongful death attorneys have experience in product liability law and can help hold manufacturers accountable for their negligence.
Please note that as plaintiff attorneys, our wrongful death law firm in Carrollton focuses exclusively on civil cases. We do not handle criminal prosecutions, although in some cases, a wrongful death claim may proceed alongside a criminal case for the same incident.
Who Can File a Wrongful Death Claim in Texas?
Texas law specifies that only certain individuals have the right to file a wrongful death claim. These include:
- The surviving spouse
- Children of the deceased (including adopted children)
- Parents of the deceased (including adoptive parents)
If none of these individuals file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim, unless all eligible family members request that no claim be filed. As your Carrollton wrongful death lawyer, we can help you determine if you’re eligible to file a claim and guide you through the process.
The Legal Process of a Wrongful Death Claim
Filing a wrongful death lawsuit can be a complex and emotionally challenging process. We at Gosuits strive to make this process as smooth as possible for our clients while diligently pursuing justice on their behalf. The legal process typically begins with a thorough investigation of the circumstances surrounding the death. This may involve gathering police reports, medical records, witness statements, and other relevant evidence. In some cases, we may consult with accident reconstruction professionals or medical authorities to build a stronger case.
Once we have gathered sufficient evidence, we will file a wrongful death lawsuit on behalf of the eligible family members. In Texas, there is a statute of limitations for wrongful death claims. Generally, the claim must be filed within two years of the date of death, with some exceptions.
After the lawsuit is filed, there is typically a period of discovery, during which both sides exchange information and evidence. Many wrongful death cases are settled out of court through negotiations between the attorneys and the defendant’s insurance company. However, if a fair settlement cannot be reached, our wrongful death lawyers in Carrollton are prepared to take your case to trial. Throughout this process, we will keep you informed and involved, ensuring that you understand each step and are comfortable with the decisions being made.
Potential Damages in a Wrongful Death Case
In a wrongful death case, the law allows for the recovery of various types of damages. These are generally divided into economic and non-economic damages.
Economic damages are those that have a specific monetary value attached to them. These may include:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and benefits the deceased would have earned
- Loss of inheritance
- Value of services the deceased would have provided to the family
Non-economic damages are more subjective and can be more challenging to quantify. These may include:
- Mental anguish and emotional pain suffered by the surviving family members
- Loss of companionship, love, and guidance
- Loss of consortium for the surviving spouse
In some cases, where the defendant’s actions were particularly egregious, punitive damages may also be awarded. These are intended to discourage similar behavior in the future. We understand that no amount of money can truly compensate for the loss of a loved one, but obtaining fair compensation can provide financial security and a sense of justice for the surviving family members.
How Our Firm Can Help
Our team of wrongful death lawyers understands the nuances of Texas wrongful death law and have a track record of representing families in these sensitive matters. At Gosuits, our people set us apart. We pride ourselves on our competence, experience, and knowledge.
Our approach is comprehensive and client-focused. We begin by conducting a thorough investigation of the circumstances surrounding your loved one’s death. This may involve collaborating with accident reconstruction professionals, medical authorities, and financial analysts to build a strong case. As a full-service legal practice, we take great delight in pushing for dynamic lawyering and doing it ourselves; we are prompt, proactive, and focused on pursuing positive outcomes.
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, we’re here to help. Our Carrollton wrongful death attorneys are ready to listen to your story, answer your questions, and provide guidance on your potential legal options. Don’t navigate this difficult time alone. Contact Gosuits today for a free, no-obligation consultation.
6 Responses
Reading about eligible parties has me questioning our case. I helped raise my stepdaughter since she was three, but never formally adopted her before her mother (my wife) passed due to a prescription error. Are there any exceptions that would allow me to be part of the claim given our close relationship?
I’m so sorry for your loss. While formal adoption often determines legal standing in wrongful death claims, courts sometimes consider close relationships, especially if you played a parental role in your stepdaughter’s life. It may be possible to demonstrate your involvement and claim standing as a dependent or someone impacted by your wife’s passing. Consulting a lawyer can clarify your options and help present your case effectively.
The breakdown of economic versus non-economic damages really helps families understand what to consider during this difficult time.
Thank you—breaking down damages into economic and non-economic categories is meant to help families focus on all aspects of their loss, from financial burdens to emotional impact. I’m glad you found it helpful.
The trucking company cleared their driver’s logs before we could get them after my wife’s fatal accident. How can we prove driver fatigue now?
It’s frustrating when evidence like driver logs is destroyed. However, a lawyer can still pursue other evidence to prove driver fatigue, such as fuel receipts, toll records, witness statements, or surveillance footage. Additionally, clearing logs could be seen as evidence of wrongdoing. A lawyer experienced in trucking accidents can help investigate further and build a strong case despite the missing logs.