Dallas Wrongful Death Attorney
Lost a Loved one? know your rights? We get justice for victims of Wrongful Death.
Robert C. Slim, a wrongful death lawyer in Dallas, speaks for the victim with aggressive legal representation and compassion. If you have lost a family member in an accident caused by another’s negligence, the issues that your family is faced with can be overwhelming. You are faced with emotional and financial matters that are further complicated by the legal matters that will soon follow. Now you can rest assured that your wrongful death case will be given the best and most personal attention. Let me handle your legal problems while you work to get your life back on track. We will give you a voice for justice.
Wrongful Death Lawsuit in Texas
Unfortunately, people are killed in many types of accidents. Car accidents, Defective products, Unsafe premises, Medical malpractice, Accidents at work, and many more. When someone dies as a result of the carelessness and neglect of another person, you have certain rights as a family member OR close relative of the deceased.
Wrongful Death Suit consists of two seperate components...
> The first part is called “wrongful death.”
In this part of the case, damages may be recovered by the surviving spouse, children, or parents of the deceased. The surviving spouse and children of the deceased can sue for the loss of future financial support that they would have received from the deceased. For example, if a person is killed in a car accident and leaves behind a wife and two young children, then those family members would be able to sue for the wages, earnings and financial support that they would have received from the deceased. There is also recovery for “loss of consortium,” which means the loss of society and companionship of the deceased.
> The second part is called a “survival claim”.
A survival claim belongs to the estate of the deceased and is brought by the personal representative of the estate. Survival claims include recovery for the actual injury suffered by the deceased. This recovery would be payable to the deceased’s estate just as if the deceased had lived. For example, if the deceased died in a car crash due to multiple physical injuries and trauma, then the estate may pursue a claim for those injuries as if the deceased had survived. The surviving spouse, child or parent of a deceased’s family can bring both a wrongful death and survival claim.
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Frequently Asked Questions about Wrongful Death Cases
Most frequent questions and answers
If you have lost a loved one through the negligence of another, you may be entitled to collect the following compensation:
- Medical Expenses incurred by the deceased including ambulance and hospital bills, as well as surgery and physician’s fees.
- Pain, Suffering, & Mental Anguish suffered by the deceased person up to the time of death.
- Loss of Consortium, love and society suffered by the family members of the deceased.
- Loss of Financial Support incurred by the family members who relied on the deceased for financial support, especially the minor children of the deceased.
- Punitive Damages if the death resulted from the gross negligence or intentional acts of another.
Under Texas law, wrongful death and survival claims can only be brought by:
- Estate Representative of the Deceased
The estate representative can only seek compensation for the survival claims of the deceased, such as medical expenses, pain and suffering, funeral expenses and other losses sustained by the deceased and his estate.
However, the estate representative shall bring the wrongful death claims of the spouse, children and parents of the deceased only if they have not done so within three (3) months and these relatives have not instructed the estate representative not to bring such claims. Tex. Civ. Prac. Rem. Code §71.004(c).
You have two years from the date of the death of a person to bring a claim in Texas. Therefore, unlike the statute of limitations in a personal injury case, the time period begins to run on the date of death rather than the date of the accident. Tex. Civ. Prac. Rem. Code §16.003(b).
There is also an extension of the applicable statute of limitations for up to 1 year after the death of the person or the appointment of the deceased’s estate representative, whichever occurs first. Tex. Civ. Prac. Rem. Code §16.062.
But don’t wait until the last minute. There is so much that needs to be done from the very beginning in order for a wrongful death case to be properly investigated and handled. So, the best thing to do is to call an experienced wrongful death attorney right away.