If another person’s negligence cost your family member their life, you may be able to hold them accountable under Texas state laws. Certain immediate family members can file a claim and recover compensation based on the death of their loved one. A wrongful death lawyer in Beaumont can help you handle this type of legal action by identifying the liable party or parties, building a case against them, and fighting for a settlement or filing a wrongful death lawsuit.
The wrongful death team from D. Miller & Associates, PLLC, offers the families of accident victims compassionate support and aggressive legal representation. We will fight for the full compensation you need and deserve after losing your loved one. Your initial consultation is free, and you owe us no attorney’s fees unless we recover a payout on your behalf.
Call us today at 713-850-8600 for your complimentary case review.
What Damages Can I Recover With a Wrongful Death Action?
The damages available through a wrongful death action differ significantly from those you might get from a personal injury claim. Wrongful death damages include only your financial and non-economic losses suffered because of your loved one’s death. These may include:
- Funeral expenses;
- Other related out-of-pocket expenses;
- Lost wages, based on their contribution to your household income;
- Loss of inheritance;
- Cost of counseling and other emotional support services;
- Loss of support for help with childcare, household duties, lawn care, and similar tasks;
- Loss of advice and counsel your family member provided;
- Loss of companionship; and
- Mental anguish, including your grief and suffering.
While a wrongful death action does not allow us to recover any compensation for the damages your family member suffered before their death, we may be able to file a survival action on behalf of your loved one’s estate. This would allow us to collect the type of damages normally available through a personal injury claim.
Who Can File a Wrongful Death Claim in Texas?
- Legally married spouse;
- Children; and
The law bars other family members from recovering compensation with a wrongful death claim, unless there is undeniable evidence of their financial losses. If you have questions about whether you can file a claim, we can explain your legal rights during a free case review.
When one family member files a wrongful death action, the outcome benefits all eligible family members. This means there is no need to take action if another family member is already pursuing a wrongful death claim. If no eligible family member chooses to take action in the first 90 days after a fatal negligence accident, the administrator of the estate or executor of the will may be able to pursue compensation on their behalf.
What Types of Accidents Lead to Wrongful Death Claims?
Qualifying family members can recover compensation if they can prove someone else’s negligence caused their loved one’s death. This can include almost any type of negligence incident, but most commonly we see wrongful death actions from:
- Car accidents;
- Motorcycle crashes;
- Truck accidents;
- Commercial 18 wheeler accidents;
- Pedestrian-versus-car collisions;
- Bicycle-versus-car collisions;
- Slips, trips, and other falls;
- Other premises liability accidents;
- Dog attacks;
- Drunk driving crashes; and
- Bus accidents.
If you believe someone else was at fault in your loved one’s accident and death, give us a call. Even if you are not sure exactly what happened, we can get to the bottom of it and help you understand if you have a valid claim.
How Can I Prove Someone’s Negligence Caused My Loved One’s Death?
Proving negligence is central to winning a claim after an accident. The only way to get the compensation your family deserves for the loss of your loved one is by providing evidence to show the at-fault party acted in a careless or reckless way. To do this, we must collect proof that shows:
- The at-fault party had a certain duty to keep your loved one safe, such as following all laws and other applicable rules;
- They failed to do so by acting in an unreasonable, careless, reckless, or dangerous way;
- Their actions or inaction led directly to your loved one’s injuries and death; and
- You suffered financial losses and emotional damages because of your family member’s death.
If you enlist our help filing your wrongful death action, we will fully investigate the circumstances surrounding your family member’s death. This allows us to ensure we can identify all possible liable parties, build a solid case against them, and understand the full nature of your damages.
As part of this process, we may call on accident reconstruction specialists, medical experts, and others who have specialized knowledge necessary to prove your case. Some of the most common types of evidence we use to prove a wrongful death action include:
- Police reports about the incident;
- Statements from people who witnessed the accident or arrived shortly after;
- Pictures and video taken before, during, and after the accident;
- Your loved one’s medical records; and
- Receipts, bills, and any other available documentation of your expenses and losses.
How Can I Talk to a Wrongful Death Lawyer in Beaumont About My Case?
If someone else’s negligence caused the accident that led to your loved one’s death, it pays to act quickly. Texas law gives you two years to file a wrongful death lawsuit in court. We need to get started as soon as possible to ensure we can identify all available evidence to prove your case.
Call D. Miller & Associates, PLLC, today at 713-850-8600 for a free case evaluation.