Losing a loved one is an unfortunate yet inevitable part of life. However, some accidents involving the passing of our special people are avoidable. Few things are more difficult than knowing that someone else’s negligent behavior caused you to lose your spouse, parent, or child.
Texas law allows those who’ve experienced a wrongful death to pursue a financial recovery. This process usually entails an insurance claim or lawsuit. A Grand Prairie wrongful death lawyer from D. Miller & Associates, PLLC® can act as your legal representative throughout your wrongful death case. We care deeply for our clients and want to support them as they seek closure.
What Qualifies as a Wrongful Death Case in Grand Prairie?
Texas law defines wrongful death cases the following way, “A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
In simple terms, this means that could have a wrongful death case if:
- You lost a loved one
- Another party’s negligence caused your loved one’s death
Types of Wrongful Death Cases
This broadness means that a range of accident types fall within the purview of wrongful death law. Some examples include:
- Defective drugs or other products
- Automotive accidents
- Drunk driving accidents
- Slip and fall accidents
- Dog bites
- Swimming pool accidents
How do I Know Who’s Liable in a Grand Prairie Wrongful Death Accident?
Every wrongful death case is different. They all hinge on a long list of variables, like accident type and the degree of negligence involved. This variability extends to liable parties, too. One case might involve a driver as the liable party, whereas another focuses on the negligence of a property owner.
Variability aside, though, it’s critical that you can identify the liable party specific to your case. In some cases, it’s not obvious who caused the accident that took your loved one’s life. A Grand Prairie wrongful death lawyer with our Texas firm can work to identify the liable party specific to your case.
The first step of this process involves reviewing evidence, which could include:
- Footage or images of the accident
- Witness interviews
- Expert statements
- Medical records, and other evidence of damages
With this evidence, we can then work toward establishing the four elements of negligence, a legal precedent that highlights the actions of a liable party. These elements are as follows:
- The liable party owed you a duty of care: This legal term refers to an individual or group’s responsibility to protect others from harm. It applies to doctors, drivers, and product manufacturers, among others.
- They failed to uphold this duty of care: Failure to uphold a duty of care is called a breach of duty. These breaches usually entail negligence. In the context of an automotive accident, this could include driving drunk driving or speeding.
- The liable party’s negligence directly caused the accident: This step, often referred to as causation, involves using evidence to link the liable party’s negligence to the accident that caused the decedent’s death.
- You and your family suffered damages because of the accident: In wrongful death cases, it’s relatively straightforward to establish the existence of damages. After all, it’s hard to disprove that you or your family suffered because of the accident if you lost a family member.
Recoverable Damages in a Grand Prairie Wrongful Death Action
Damages are the types of financial recoveries you can receive after experiencing a wrongful death. They’re separated into two groups, economic, and non-economic.
Economic damages are purely financial and account for:
- Burial expenses
- Funeral expenses
- Loss of familial earning capacity
- Medical expenses associated with your case
Non-economic cover the trauma and grief that comes with losing a loved one. These damages are inherently less straightforward to determine, as it’s difficult to assign a value to the joy that your loved one brought you. However, despite this difficulty, the presence of non-economic damages can positively impact the outcome of a wrongful death settlement.
As noted previously, few wrongful death cases turn out the same way. They involve different accidents, a variety of potentially liable parties, and depend on the outcome of insurance or legal negotiations. Due to this variability, it’s challenging to estimate the value of a case without an evaluation. We can review your damages and discuss your possible financial recover during a free consultation with our team serving Grand Prairie.
Working With Our Team of Wrongful Death Lawyers
We understand that the aftermath of a wrongful death usually entails grieving and taking care of your family. Adding the specifics of a legal case on top of this natural grief period can be overwhelming. For this reason, we strive to make our legal services as straightforward as possible. These are the ways that we can support our clients in Grand Prairie:
- We can offer you a free, no-obligation case evaluation
- We’ll respond to your calls, emails, and texts quickly
- We can answer your legal questions, no matter how niche
- We’ll manage all the communications associated with your case
- We can schedule doctor’s appointments on your behalf
Compassionate legal service can turn out satisfied clients. These are a few of their experiences with D. Miller & Associates, PLLC®:
- “The staff here are genuinely concerned about what is going on in our lives. They have walked me through every step and I sincerely appreciate their helpfulness.” – Shelly B.
- “Very attentive and helpful law firm. Quick to answer your questions and explain tough legal language and made a negative time of my life have a positive outcome and brighter future.” – Daniel L.
- “Great firm and they follow up on everything and they make sure you are comfortable and that everything is correct with your claim I would highly recommend.” – Kiana S.
Texas Wrongful Death Cases Have a Deadline
Grand Prairie wrongful death cases are subject to Texas’ statute of limitations. This Texas law provides those hoping to pursue a wrongful death lawsuit with a two-year deadline. This deadline can shift depending on the facts of your case. We will ensure that we meet your case’s deadline.
We advise beginning on your case as soon as you can. Our team thoroughly investigate the facts of your case and handle your entire case while you take time to grieve and take care of you and your family. We are here to take care of your legal matters and manage your entire case.
Our Grand Prairie Wrongful Death Lawyer Is Ready to Help You Today
If you have lost a loved one in a wrongful death accident, we see you and know what you’re going through. It’s true that no financial recovery can bring your loved one back. However, a settlement could take away some of your stress as you put your life back together and navigate a new normal. Contact our offices for a free case evaluation today.
Related Frequently Asked Questions
- Can Pedestrians Be At Fault For Road Accidents In Texas?
- Can You Change Lawyers in the Middle of a Personal Injury Case?
- Does Texas Have a Statute Of Limitations For Personal Injury Claims?
- Are Trucking Companies Required By Texas Law To Have Full Coverage Insurance?
- Does Pain And Suffering Include Medical Bills?