A wrongful death claim action is filed on behalf of someone who has died as a result of another person’s or entity’s wrongful actions or negligence. The surviving family members sue to receive compensation for the losses they have suffered as a result of the person’s death. Wrongful death can result from actions that were negligent, careless, or intentionally malicious.

According to Texas law, an individual’s claim for personal injury resulting from wrongful action does not cease upon death. Accordingly, the heirs to the deceased can claim those damages. In Texas, wrongful death claims can be filed by statutory beneficiaries including spouses, children or parents of the deceased. Typically, the legal representative in charge of the estate brings the lawsuit but if there is none, any of the family members are free to do so.

Suing for wrongful death is a complex legal matter that requires the assistance of a competent Dallas personal injury attorney.

It is important for the heirs to get in touch with a Dallas personal injury attorney as soon as possible because the sooner the lawsuit commences the better the likely outcome will be. In Texas, such lawsuits must be filed within two years of the wrongful death or else they will be barred by statutory limitations. Preparing a wrongful death claim is a rigorous undertaking because the defendant is in most cases expected to contest the claims in court. It is for this reason that you need to contact a competent attorney in good time.

The Dallas personal injury attorney will review the case and advise whether or not it has merit so that the deceased’s heirs do not waste their resources going to court if they don’t have a viable case. However, if the first attorney does not favor the case it is a good idea to seek a second opinion from another law firm just to be sure.

A number of damages can be recovered as a result of wrongful death. Survivors can sue for compensation for the mental anguish they have gone through as well as loss of companionship of the deceased. Parents can demand compensation for the financial contributions their child could have given them if he/she was still alive. Spouses and children can also sue for the lost services of the deceased and the financial contribution that he/she could have made in their lives. In some cases the claimants are also awarded punitive damages against the defendant if the defendant is deemed to have been in the wrong.

In most cases a Dallas personal injury attorney will not charge fees upfront or bill per hour in a wrongful death claim. Instead, most attorneys handle such cases on a contingency fee basis. The attorneys cover all the expenses associated with the claims and then recover their costs plus compensation from the settlements or judgments made in favor of the claimants. Many wrongful death claims are settled out of court even before litigation begins. Though in situations where the parties cannot agree the case goes to full trial and which often lasts several years.

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