In Texas, you have the right to hold the at-fault party financially liable for the expenses and losses you experienced because of the death of your immediate family member.
If you need help pursuing legal action for your loved one’s death, a wrongful death lawyer in Port Arthur can help. At D. Miller & Associates, PLLC, we will:
- Protect your right to compensation;
- Handle all communication with the insurance company;
- Help you identify the liable party;
- Collect evidence and prove negligence;
- File an insurance claim or wrongful death action; and
- Explain other options for compensation.
The wrongful death lawyers at D. Miller & Associates, PLLC, offer compassionate and sympathetic guidance through the legal process of getting the money you need after this type of loss. We offer free case reviews and consultations and handle these cases on a contingency basis. This means you pay us no attorney’s fees unless we win your case.
To reach a member of our team in Port Arthur, call us today at 713-850-8600.
Getting Damages for a Loved One’s Death After a Port Arthur Accident
A successful wrongful death action pays out to cover the expenses and losses your family has faced because of your loved one’s death. These may include:
- Funeral expenses and other related costs;
- Loss of future household income;
- Loss of inheritance;
- The cost of your therapy or grief counseling, if needed;
- Loss of the services and support your family member provided;
- Loss of the advice and counsel your family member offered;
- Loss of companionship; and
- Your mental anguish.
As you may notice, a wrongful death action only allows you to recover your own losses and expenses, or those of the rest of the surviving family members. It does not cover the damages your loved one experienced because of the accident, before their death. To collect this compensation, you will need to pursue a survival action.
We can help you understand how to file this type of action, as well. The damages recovered in a survival action go to your loved one’s estate before they are distributed according to their will or estate plan.
Family Members Eligible to Pursue a Wrongful Death Action in Texas
- Spouses who are legally married at the time of one partner’s death;
- The children of the deceased; and
- The parents of the deceased.
The only way other family members can get compensation through this type of legal action is to provide proof that they suffered financial losses because of the death. For example, if the deceased’s grandparents paid for a funeral, they may be able to provide documentation of their expenses and collect compensation through this type of action if no one else is eligible.
It is also important to realize that only one immediate family member needs to file a wrongful death claim. When one person files a claim, it will apply to all eligible family members. If no eligible family members take action within 90 days, the executor of the will or estate administrator may be able to file a claim on their behalf.
If you have questions about your eligibility or you want to file a claim, we can help you understand your rights and the best options for getting the compensation you need. Call us for a free consultation today.
Winning Your Wrongful Death Action
We will conduct a full investigation into your loved one’s death, proving your case against the liable party and allowing you to hold them responsible for their actions that took the life of your family member. This is true no matter what type of negligence accident they caused. We have experience with cases involving:
- Car accidents;
- Truck accidents;
- 18 wheeler and semi truck accidents;
- Motorcycle accidents;
- Pedestrian accidents;
- Bicycle accidents;
- Boating accidents;
- Slip and fall accidents;
- Other premises liability incidents;
- Traumatic brain injuries;
- Spinal cord injuries; and
- Other personal injury
Our investigation into the accident will focus on showing the at-fault party acted in a negligent manner, and this caused your loved one’s death. As a part of this investigation, we will:
- Identify, collect, and analyze all available evidence;
- Interview witnesses;
- Survey and document the scene;
- Analyze your loved one’s medical records and talk with medical experts; and
- Utilize an accident reconstruction specialist, if necessary.
If we believe you have a strong case to support compensation, we will contact the at-fault party’s auto, homeowners, or business insurance provider and begin negotiating a fair settlement. If the insurance company refuses or will not offer a fair settlement agreement, we can take your case to court and ask a judge to award a payout based on your losses and expenses.
Talk to a Wrongful Death Lawyer in Port Arthur Today.
The Texas statute of limitations gives you two years from the date of your loved one’s death to file a wrongful death lawsuit, but it pays to get started early on this type of case. Evidence disappears quickly in these cases. It can be more difficult to win a wrongful death action if you wait too long.
If you believe you may have a valid wrongful death action, the team from D. Miller & Associates, PLLC, is here to help you understand your rights based on the Texas Wrongful Death Act. We may be able to help you collect compensation for your own damages, or we can help you pursue a survivorship action to cover your loved one’s accident-related expenses.
Call us today at 713-850-8600 to talk to a Port Arthur wrongful death attorney for free.
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