Every year, many people are killed in Texas and throughout the United States in car and truck accidents that could have been prevented. If you have lost a loved one as a result of someone else’s carelessness, you may be able to bring a wrongful death claim against the at-fault party with the assistance of a Fort Worth wrongful death attorney. The unexpected end of a person’s life is deeply distressing for everyone involved and the surviving family members may be left to deal with serious emotional and financial consequences. Bill Berenson is a skilled car accident lawyer who has been providing dynamic legal representation to clients in the Dallas/Fort Worth area for over 37 years. He understands what it takes to obtain a favorable financial recovery for his injured clients. His goal is to help his clients obtain a fair outcome in their cases so they obtain full justice and move forward with their lives.Filing a Wrongful Death Claim in Texas
While each state’s exact definition of wrongful death may differ based on the specific state statute, the basic idea behind this type of lawsuit is that the loss of a person’s life was caused by someone else’s negligence. Under Texas law, the applicable statute allows the surviving family members of a deceased person to bring a claim against the party that caused the death if the victim could have brought the claim had he or she lived. The relatives who are eligible to file such an action include the deceased person’s surviving spouse, adult and minor children, and parents. These individuals can file a wrongful death action either singly or as a group. It is important to note, however, that Texas does not permit surviving siblings to file a wrongful death lawsuit for the loss of a brother or sister.
Like ordinary negligence claims, wrongful death actions require the proof of four main elements. These are duty, breach, causation, and damages. The duty of care is usually defined as the amount of precautions that a reasonable person would have taken when faced with a similar situation. A breach consists of any act by the defendant that falls short of the appropriate standard. The victim’s relatives must draw a link between the breach and the loss of their loved one to assert the right to compensation. This can take both economic and non-economic forms but must stem from actual and quantifiable damages that the family members identify. A wrongful death attorney in Fort Worth can help you build a strong claim.
While no amount of money can remove the pain of losing a loved one, compensation can help assist with the financial burdens that people often confront in these tragic circumstances. Family members may be able to recover the following types of damages through a wrongful death lawsuit:
- Pain and suffering
- Mental distress and anguish
- Loss of earning capacity
- Loss of care, maintenance, support, advice, and counsel
- Loss of love, companionship, comfort, and society
- Loss of inheritance, which is what the deceased person would have saved and left the surviving family members had he or she lived an average length of time
Every state has its own time window within which a wrongful death claim must be filed. This is known as the statute of limitations. Under Texas law, legal action must be taken within two years of a loved one’s loss. Failure to file within this time frame likely will result in the loss of the right to compensation.Seek Justice with the Assistance of a Wrongful Death Lawyer in Fort Worth
Bill Berenson is a compassionate injury attorney committed to seeking justice for families in Fort Worth and the surrounding cities who are coping with a tragic loss. He has practiced law for over 37 years and has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization for over 20 years. Wrongful death claims are complex and can require extensive analysis. At our law firm, we work hard to pursue the compensation that your family deserves for your loss. We understand that this is a painful time, which is why we are dedicated to representing bereaved individuals with the utmost compassion and professionalism. To learn more, call us for a free initial consultation with a Fort Worth wrongful death lawyer at 817-885-8000 or contact us online. We can also be reached toll-free at 1-888-801-8585.