Arlington Wrongful Death Lawyer

 There are exceptions to the standard two-year statute of limitations for wrongful death cases in Texas, such as the discovery rule, the tolling of the statute of limitations for minor children, and fraudulent concealment by the defendant.

According to Texas law, siblings and certain family members (such as grandparents, aunts, or uncles) generally do not have the legal standing to file civil lawsuits for wrongful death. Only the surviving spouse, children, and parents of the deceased person are eligible to file such a claim.

Economic Damages

Economic damages in a wrongful death lawsuit are intended to compensate the surviving family members for their financial losses due to their loved one’s death. These may include:

Medical Expenses

Compensation for any medical expenses incurred due to the deceased person’s final illness or injury, such as hospital bills, medications, and treatments.

Loss Of Income

Compensation for the financial support the deceased would have provided to their family had they lived, including lost wages, benefits, and future earning potential.

Non-Economic Damages

Non-economic damages are meant to compensate the surviving family members for the non-financial, intangible losses they have experienced due to their loved one’s death. These may include:

Loss Of Companionship

Compensation for the loss of love, companionship, guidance, and support that the deceased person provided to their family members.

Emotional Distress

Compensation for the mental anguish, grief, and emotional pain suffered by the family members due to their loved one’s wrongful death.

Punitive Damages

In some cases, punitive damages may be awarded in a wrongful death lawsuit. Punitive damages are not intended to compensate the family for their losses but rather to punish the defendant for their egregious behavior and deter similar conduct in the future. Punitive damages may be awarded in cases where the defendant’s actions were particularly reckless, malicious, or intentional.

 The evidence necessary to build a solid wrongful death case may include police reports, medical records, witness statements, expert testimony, and any other documentation or information that helps establish the at-fault party’s negligence, recklessness, or intentional actions, as well as the resulting damages to the surviving family members.

Wrongful death settlement amounts in Texas are determined based on various factors, such as the deceased person’s age, earning capacity, the nature of the relationship with the surviving family members, the severity of the defendant’s conduct, and the specific damages suffered by the family, including economic and non-economic losses.

Yes, a wrongful death lawsuit can be filed even if there is an ongoing or completed criminal case related to the same incident. Wrongful death claims are civil lawsuits, which are separate from criminal proceedings and have different standards of proof and objectives.

Yes, the immediate family members can potentially claim wrongful death and survival action damages in Texas. While wrongful death damages compensate the surviving family members for their losses, survival action damages compensate the deceased person’s estate for the losses they would have been entitled to if they had lived.

To protect their rights in a wrongful death case, a survivor should consult with an experienced Arlingto wrongful death attorney, gather and preserve all relevant evidence, comply with the statute of limitations, and actively participate in the legal process, including settlement negotiations or trial proceedings.

Statute of Limitations

In Texas, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased person’s death. This means the eligible family members must initiate legal action within this time frame to preserve their right to seek compensation for their loss.

Exceptions To The Statute of Limitations

There are certain exceptions to the standard two-year statute of limitations for wrongful death cases in Texas. These exceptions may extend or shorten the time frame in which a lawsuit must be filed:

Discovery Rule

If the cause of the wrongful death was not immediately apparent, the discovery rule may apply, and the statute of limitations begins to run from the date the cause of death was discovered or reasonably should have been discovered.

Minor Children

 If the eligible family member is a minor child, the statute of limitations may be tolled (paused) until the child reaches the age of 18. At that point, the child typically has two years to file the wrongful death lawsuit.

Fraudulent Concealment

 If the defendant intentionally concealed their involvement in the wrongful death, the statute of limitations may be extended to allow the family more time to file a lawsuit once the fraud is discovered.

Due to the complexity of these exceptions and the importance of filing within the appropriate time frame, it is highly recommended that families consult with an Arlington wrongful death lawyer as soon as possible after the death of a loved one.

The length of a wrongful death lawsuit in Texas can vary depending on several factors, including:

1 – Complexity of The Case

Cases involving multiple defendants, complicated legal issues, or extensive evidence may take longer to resolve.

2 – Availability of Evidence

Gathering the necessary evidence to prove a wrongful death claim can be time-consuming, especially if witnesses are difficult to locate or records are hard to obtain.

3 – Court Schedules And Delays

The court’s calendar and any delays in the legal process can impact the overall duration of the lawsuit.

4 – Settlement Negotiations

Many wrongful death cases are resolved through settlement negotiations, which can either shorten or lengthen the duration of the case, depending on the willingness of the parties to reach an agreement.

5 – Appeals

If either party appeals a court decision, the lawsuit can be extended by several months or even years.

Importance of Timely Legal Action

While wrongful death lawsuits can be time-consuming, it is crucial for surviving family members to take timely legal action. In Texas, the statute of limitations for wrongful death claims is generally two years from the date of death, meaning that the family must file the lawsuit within that time frame.

Failing to file within the statute of limitations can result in the loss of the right to seek compensation. By working with an experienced Arlington wrongful death lawyer, families can ensure that their case is filed on time and that all necessary steps are taken to maximize the chances of a successful outcome.