Amarillo Wrongful Death Lawyers
Choose a Top-Rated Amarillo Wrongful Death Firm with Billions Recovered
Losing a loving a loved one because of someone else’s negligence is devastating. An average of 146,571 unintentional injury deaths occurred in 2005—that is 45.6 deaths per 100,000 people, according to the Centers of Disease Control and Prevention. If you have lost someone you love because of someone else’s carelessness, you have the right to seek justice and compensation. Although financial compensation cannot replace your loved one, it can help you support your family and hold the at-fault parties accountable for the harm they caused.
Arnold & Itkin understands what you are going through. Our Amarillo wrongful death attorneys can help you and your family fight for the compensation you rightfully deserve. Our firm has helped thousands of people rebuild their lives, fighting for the financial security and loss of peace that negligent people took away from them. We have fought the largest companies in the world, bringing them face-to-face with the people they've hurt, and winning record settlements and verdicts. We can fight to do the same for you.
Contact us today for a free case review at (888) 493-1629. We'll listen to what happened and start making a plan to demand answers from those responsible for your loss.
Survival Actions in Amarillo, TX
For families who have lost loved ones, there is another option to consider. This is a survival action. A survival cause of action is slightly different than a wrongful death lawsuit, and in Texas, most survival actions are filed by the deceased’s estate representative instead of a surviving family member.
Whereas the focus of a wrongful death case is the family’s losses and suffering, like loss of financial support, loss of companionship, medical expenses, and the like, a survival action focuses on the suffering of the person who died. The damages awarded in a survival action are similar to what would have been awarded if the person had survived their injuries and pursued a personal injury lawsuit against the at-fault party or parties. In a survival action, the estate of the person who died receives the final settlement or award, not the family. The estate can then distribute the funds as needed.
The following damages may be awarded in a survival action:
- Medical expenses
- Lost earnings
- Property damage
- Pain and suffering
A family can pursue a both wrongful death claim and a survival action against the party or parties that caused their loss. As Amarillo wrongful death attorneys with experience in both types of cases, our team at Arnold & Itkin can help you review your options and seek justice on behalf of your family member in every way possible.
Amarillo Wrongful Death FAQ
What Is a Wrongful Death?
When a third party is responsible for the death of another person, they can be held liable under common jurisdiction—this can be done by filing a wrongful death claim. If a company’s negligence cause the fatality, the family could file a wrongful death claim to get compensation for the loss of their loved one. Even if the individual responsible for the death was already prosecuted with criminal charges, the family has the right to file a civil lawsuit as a wrongful death claim.
What Causes a Wrongful Death?
If a person’s negligence contributed to someone's death, that's grounds for a wrongful death claim. Claimants have to prove that the circumstances of a loved one's death were tied to the actions or inaction of the defendant. The more direct the relationship, the more responsible the at-fault party is.
The following are examples of what qualify as wrongful death claims:
- Car accidents caused by drunk driving, texting, or other careless distractions.
- Workplace fatalities caused by lack of training or supervision.
- Accidents caused by assault, attack, or other criminal actions that causes death of another.
- Medical malpractice caused when a doctor failed to identify or adequately treat an illness.
- Drowning accidents due to poorly maintained gates or lack of supervision.
- Defective products or drugs that resulted in a fatality.
Can I File an Amarillo Wrongful Death Claim?
Usually, the only people eligible to file a wrongful death claim are close family members of the victim, with spouses and children taking priority over all other relatives. The closest living relatives have the strongest claims, so distant relatives can't file an additional claim if the spouse or children have already filed. In Texas, the qualified beneficiaries of a wrongful death claim include: spouses or life partners, children (18 years or older), siblings, parents, parents of unmarried children, and any other dependent relatives.
It is essential to keep in mind that there is a statute of limitations on wrongful death claims. You have two years to file a wrongful death claim after you have suffered the loss of a loved one. Contact our Amarillo wrongful death attorneys as quickly as possible to get started on your claim.
To learn more about wrongful death in Texas, visit Sec. 71 of the Civil Practice & Remedies Code.
What Damages Are Recoverable During an Amarillo Wrongful Death Claim?
After the loss of a loved one, you may experience significant economic instability—whether it is due to funeral and medical expenses or your family's basic needs. Seeking monetary compensation can help you and your family grieve and move forward without worrying about the financial cost left behind by tragedy.
You have the right to recover financial compensation for three general types of damages, including:
- Economic Damages – This may include funeral and medical expenses related to the death. You also can recover the loss of future income and benefits from your loved one.
- Non-Economic Damages – This includes pain and suffering, along with mental anguish. It also includes loss of inheritance and consortium.
- Punitive Damages – In some cases, you may be eligible to seek additional compensation as a way of punishing the responsible parties for their actions. If a company is responsible for your loved one's death, this is the only form of punishment they may ever face.
Contact Our Amarillo Wrongful Death Attorneys: (888) 493-1629
If you and your family have lost a loved one because of someone else’s negligence, there is still hope to get your life back on track. Nothing can remove your pain and grief, but you can file a wrongful death claim to help prevent anything like this from happening to another family. Seeking compensation will hold the responsible parties accountable—which can lead to positive changes in public spaces and workplaces.
Our team of attorneys at Arnold & Itkin work tirelessly to ensure that families get the best possible outcome for their case. Regardless of how the accident occurred, our Amarillo wrongful death attorneys can explain the different options available for your case. With billions of dollars recovered on behalf of our clients, we have the experience and resources to help your family.
Contact our Amarillo wrongful death attorneys today for a free consultation at (888) 493-1629.