What Is a Wrongful Death Claim?
Wrongful death occurs when a person’s actions, negligent or deliberate, cause the death of another. A claim under wrongful death holds at-fault parties liable for some of the economic and emotional losses associated with the death of a loved one, from funeral costs to punitive damages for criminal negligence.
Filing a wrongful death claim allows a victim’s family to grieve in peace without wondering how they'll pay the bills or provide for themselves. If an individual was responsible and they're already facing criminal proceedings, certain family members can still file a civil lawsuit against him or her. If a company was responsible, a wrongful death claim is often the only justice those at fault will ever face.
Which Types of Incidents Qualify as Wrongful Death?
- Fatal car accidents caused by drunk driving, texting, or other forms of negligence.
- Workplace accidents caused by lack of training, negligent management, or faulty equipment.
- Catastrophic injuries caused by assaults, attacks, or other criminal actions.
- Drowning accidents due to property damage or premises liability.
- Defective products or pharmaceuticals that seriously harm consumers.
- Trucking accidents caused by unsafe driving and violations of trucking regulations.
Can I File a Wrongful Death Claim?
In most states, family members are the only ones eligible to file a wrongful death claim. Courts largely give children and spouses the primary right to file a wrongful death claim. A parent, sibling, or another relative will be unable to file a claim if a child or spouse is already pursuing one. If you have any additional questions on your eligibility to file a wrongful death claim, you'll need to speak with an attorney.
The parties eligible to file a wrongful death claim may include:
- Children over 18 years old
- Parents of unmarried children
- Any dependents
There is a two-year statute of limitations on wrongful death claims in Texas. This means that you have a limited amount of time to file a wrongful death claim after you suffered the loss of a loved one. Contact our Fort Worth wrongful death attorneys as soon 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.
Survival Actions in Fort Worth, TX
In Texas, the family or estate of a person who has died as a result of negligence or a wrongful act may be able to file a survival action against at-fault parties. This type of case pursues financial compensation for losses and injuries that the deceased experienced prior to their death. A survival action essentially allows a personal injury lawsuit to "survive" even though the victim passed on. It is pursued similarly to how a personal injury case would have been pursued, had they survived.
Damages in a survival action are payable to the estate of the deceased and may include:
- Lost earnings
- Medical bills
- Property damage
- Pain and suffering
Depending on the case, a family that has lost a loved one may be able to file a wrongful death lawsuit and a survival action against the party (or parties) responsible for their loss. Our Fort Worth wrongful death attorneys can talk to you about which may apply to your situation and how to proceed.
What Damages Can Be Claimed in a Wrongful Death Suit?
The loss of a loved one is emotionally devastating and physically draining. You might also experience significant financial losses to pay for funeral costs, medical expenses, or your family's basic needs. Financial support can ease your situation and remove the burden of paying bills while you and your family grieve.
You are entitled to recover monetary compensation for three general types of damages, such as:
- Economic Damages: This type of compensation is for funeral and medical expenses related to the death of your loved one. You also have the right to recover the loss of future income and benefits that your loved one would
- Non-Economic Damages: These damages include pain and suffering and mental anguish. They may also include loss of companionship, consortium, and support.
- Punitive Damages: Depending on the situation, the court may grant families additional compensation as a way to punish and make an example of the responsible parties for their actions.
How an Attorney Can Help
The shock of losing a loved one unexpectedly will leave a family reeling. It may be difficult to think about taking legal action, but this is the way to find answers and to hold at-fault parties responsible. A competent attorney can achieve the goals of a wrongful death case and survival action while the family focuses on their loved one's memory and begins to rebuild and move on.
The following are some of the ways our Fort Worth wrongful death law firm can help:
- We can conduct an independent investigation of the accident to learn its cause.
- We can determine who was responsible and file suit against them.
- We can negotiate with at-fault parties to seek a fair settlement.
- We can counteract any claims that the deceased was to blame.
- If the other side won't play fair, we can take the case to court to seek a favorable verdict.
Our willingness to go to court and our reputation for winning are two factors that make our firm the one that no defendant wants to face off against in front of a judge and jury. Our results speak for themselves, and we take it a step further by being the team that our clients can rely on through the most difficult times of their lives. We treat our clients like family because we truly care about what they have experienced. We want to bring them peace of mind and the level of compensation that grants them access to stable, bright futures.
About Fort Worth
Fort Worth is known for many things, like the twice-daily cattle drive featured at the Fort Worth Stockyards (the only one in the world), its 35-block entertainment district called Sundance Square (where you can find live music and restaurants galore), and Billy Bob’s Texas (billed as the world’s largest honky-tonk, spanning 100,000 square feet of indoor space plus 20 acres for parking). These are just a few of the reasons many consider Fort Worth to be the “Modern West.”
Fort Worth was built in 1848 as one of seven army outposts along the American Frontier meant to protect settlers in Texas. That first year, however, the fort was flooded and then moved to the top of a bluff overlooking the Trinity River. In 1853, the fort was abandoned. The city was officially incorporated in 1874 and was named after William Jenkins Worth, an American officer who served in the War of 1812 and the Mexican-American War.
The Fort Worth area saw much of its early growth after the Civil War as a stop on the famous Chisolm Trail, which was used to drive cattle from Texas to Kansas, where it was then shipped east. The ranching industry thrived, and Fort Worth was known as Cowtown. After some economic trouble and dips in population in the early 1870s, Fort Worth rebuilt and saw considerable growth as the Texas and Pacific Railway was finally completed to the town.
Fort Worth continues to embrace its ranching and Wild West roots, but it is also a bustling city that hosts the headquarters of numerous major companies, like American Airlines, GM Financial, and Pioneer Enterprises. The cost of doing business in Fort Worth is lower than the national average, and the city is known to have a business-friendly government, which has led to even more companies starting up in and relocating to the Dallas-Fort Worth-Arlington metropolitan area. As of 2021, the population of Fort Worth was 935,508 and the city encompassed nearly 350 square miles of land.
Fort Worth, TX: Resources
Contact Our Fort Worth Wrongful Death Lawyers: (888) 493-1629
We understand how overwhelming and tragic it is to lose a loved one, and although seeking monetary compensation won’t bring back your loved one, it can give you and your family financial security through this devastating time. If you have recently lost someone you love in an accident that was caused by another’s negligence, we encourage you to contact our Fort Worth wrongful death attorneys immediately.
Arnold & Itkin LLP has won some of the largest personal injury and wrongful death claims in the nation. Our work on behalf of plant workers, motorists, offshore employees, and more has allowed us to radically improve the lives of thousands of people. With hundreds of results of $1 million or more and dozens of results of $10 million or more, we have the track record to help your family get its life back.
Some of our notable wrongful death results include:
- $81 million record-breaking settlement for two adult children who lost their mother in an accident.
- $29 million settlement, the largest known recovery for an offshore wrongful death.
- $12.5 million settlement for the family of a man who was killed by a downed power line.
- $2.9 million verdict for the family of a man who experienced a fatal fall in a parking structure.
- $1.8 million settlement for a family that lost a loved one in a Houston Ship Channel work accident.
- $1.5 million verdict for the family of a man who lost his life while working in a hot warehouse.
Contact our Fort Worth wrongful death attorneys today for a free consultation: (888) 493-1629!