If someone else’s negligence killed your loved one, The Benton Law Firm can help you seek closure and justice. Losing a loved one from an unexpected accident is an unspeakable tragedy no one can ever be prepared for. To make matters worse, on top of the emotional trauma you experience, you may be dealing with significant financial fallout. These range from the loss of income to the medical bills leading up to your loved one’s death. If the victim was killed because of another party’s negligent or intentional actions, you, as their relative, may be entitled to bring a wrongful death claim against the person responsible and win significant compensation.
At The Benton Law Firm, we understand that nothing can ever replace the loved one you’ve lost. But we are committed to fighting for compensation to at least ease your family’s financial burden. Whether you’ve lost a parent, child, or spouse, our Tyler wrongful death attorneys will handle your case with care and compassion. Our law firm works to increase your chances of winning compensation from the party responsible. To learn more about how a wrongful death claim can help you at this difficult time, contact us at (214) 777-7777.
What is a wrongful death claim?
In the simplest of terms, a wrongful death is a death that was caused by another party’s preventable actions or, in some cases, lack of action. A wrongful death lawsuit can help family members of the deceased person hold the responsible party liable for the death and recover compensation from them. Under Texas law, a person can be held liable for a wrongful death caused by “the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.” In other words, if a person either did something they shouldn’t have or didn’t do something they should have, and someone else was killed as a result, that person can be held legally accountable in a wrongful death claim.
Types of Wrongful Death Cases We Handle
Wrongful death can occur in almost any accident that would otherwise result in a regular personal injury claim. Here are some of the common types of accidents resulting in a wrongful death case:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Premises liability
- Workplace accidents
- Product liability
- Drug injuries and pharmaceutical liability
- Medical malpractice
Whatever caused you to lose your loved one, if it was due to another party’s negligence, the Tyler wrongful death lawyers of The Benton Law Firm are ready to help. We deeply understand all areas of personal injury law in Texas and how wrongful death claims fit in.
Who can bring a wrongful death claim in Texas?
In most jurisdictions, wrongful death claims are limited to a specific subset of family members. Texas is no exception. Under Texas law, the people who are allowed to bring a wrongful death claim include the following relatives of the deceased person:
- Surviving spouse
If none of these relatives decide to bring a wrongful death claim for the benefit of the family, the executor or administrator of the deceased person’s estate can choose to do so. Other family members, such as siblings, aunts, and uncles, are not included under Texas’ wrongful death statute.
Bringing a Wrongful Death Claim after Losing a Pregnancy
Losing an unborn child in an accident can be devastating. Even if a pregnant woman survives a car crash or other accident, she will often lose the pregnancy. In many states, the family would only be eligible to bring a wrongful death claim if the child was born alive before dying from the resulting injuries. In Texas, however, any unborn child falls under the definition of “individual” for a wrongful death claim from conception. If you lost a pregnancy due to an accident and can show proof of that pregnancy, you can bring a wrongful death claim for a child that failed to be born alive.
Recovering Damages in a Lawsuit
If you are eligible to bring a wrongful death lawsuit in Texas and you can prove that another party’s negligent or intentional act caused your loved one’s death, you could win significant compensation for the financial burden of the loss. Here are some of the damages you might recover in a wrongful death claim:
- Funeral expenses
- Burial expenses
- Medical expenses leading up to the time of death
- The deceased person’s pain and suffering leading up to the time of death
- Your emotional pain and suffering
- Loss of income, if you are the deceased person’s spouse or dependent
- Loss of companionship
In addition, Texas law provides for a special type of damages you can seek in the most egregious cases. If the wrongful death was caused by an especially reckless, negligent, or malicious act, the family could potentially recover exemplary damages. Whatever the circumstances of your loss, the Tyler wrongful death lawyers of The Benton Law Firm can help you understand the damages you can seek and will fight aggressively to win them.
The loss of a loved one can bring a cloud over every aspect of your life. In addition to the unspeakable emotional pain you and your family are suffering, you have to worry about paying for the costs associated with the death and injury, from the funeral and burial to those last moments in the hospital. Making matters worse, your family may have lost a major source of income, making a financial recovery seem almost impossible. You don’t have to fight out of this difficult situation alone. An experienced Tyler wrongful death lawyer can help.
If you have lost a loved one in an accident due to another party’s negligent or intentional actions, The Benton Law Firm is here for you. Our Tyler injury attorneys have years of experience holding defendants accountable for the loss they’ve caused. We will handle your case with the utmost respect and compassion and will not ask for a penny in return unless we win. The sooner we get started on your case, the better chance we have of recovering compensation from the party responsible. Don’t hesitate. For more information on how we can help and to set up a free consultation, call us now at (214) 777-7777.