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Texas Deadly Accident Lawyer Answers Wrongful Death FAQ's

Frequently Asked Questions

Accidental or wrongful death, by its very definition, is an unnecessary and entirely preventable disaster in any family’s life. If you believe a loved one’s death could have been avoided and is the direct result of someone’s reckless actions, pursuing legal action may be within your rights. Let the Board Certified lawyers Dale Williams and Laura Brown help build your case and seek a just compensation from those responsible. For a free consultation and more information concerning wrongful death lawsuits in Waco, give the Texas deadly accident attorneys at our office a call at (254) 741-6200 or (888) 741-6200.

What defines a wrongful death suit in Texas?

What kind of compensation is available?

Who can file a wrongful death claim?

How long do I have to file a claim?

Survival Action vs. Wrongful Death

Q: What defines a wrongful death suit in Texas?

A: Any individual who dies due to injuries suffered at the hands of another person’s, or entities’, negligence could be a victim of wrongful death. Often referred to as accidental death, in the state of Texas the surviving family has the option to seek redress in the court of law under the Wrongful Death Act. In order to make a successful claim, the plaintiff must prove without a doubt that were it not for the negligence of the accused, the victim would have survived.

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Q: What kind of compensation is available?

A: Under state law, a victim’s surviving family may collect actual and exemplary damages in a wrongful death suit. Actual damages refer to everything from medical bills, funeral costs, lost wages, and property damage to emotional suffering and mental anguish. If the accident which caused the victim’s death was due to dangerously gross negligence or blatant disregard for basic safety, punitive damages, otherwise known as exemplary damages, could also be levied as a form of punishment.

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Q: Who can file a wrongful death claim?

A: Under the Wrongful Death Act only the spouse, children or parents of the victim may file a claim. This right extends to lawfully adopted children and the parents of adopted children as well. If the plaintiff is a minor at the time of the victim’s death they have the option to wait until he or she is 18 to pursue the claim or have a guardian represent them in said claim much earlier.

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Q: How long do I have to file a claim?

A: In general, the surviving family has exactly two years from the victim’s death to file. Failing to do so in a timely fashion could forfeit the claim. If you are planning to file a wrongful death suit, it is highly recommended that you speak with a qualified personal injury attorney in Waco, TX to discuss your options.

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Q: Survival Action vs. Wrongful Death

A: In the state of Texas, there are two distinct laws pertaining to the victims of a wrongful death and their surviving family. There is the Wrongful Death Act, which pertains to injuries – actual and exemplary – sustained by the victim’s family. Then there is the Texas Survival Statute, which refers to the physical damages sustained by the victim – loss of wages, medical expenses, funeral costs – that have survived him in death. Just like a personal injury suit, this allows the beneficences to claim additional remuneration that would have been available had the victim survived.

If you have reason to suspect a loved has been the victim of someone else’s negligence, don’t wait a moment longer. Contact Board Certified attorneys Dale Williams and Laura Brown at (888) 741-6200 for a free consultation. We will provide a detailed outline of both your legal options and the comprehensive representation you can expect from us.

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