No amount of money can replace a loved one. On top of the grief and sorrow you are dealing with, if another individual was responsible for the death of your loved one, you may be left with extensive financial burdens and uncertainty about what steps to take next.
At Zinda Law Group, we understand that this may be a difficult time for you and your loved ones, and we want to help ease the burden surrounding your legal case. A Texas wrongful death lawyer for our firm can offer compassionate counsel and fight for the remedies you need to persevere through this challenging time.
Get in touch with our Texas personal injury lawyers today to find out if you have grounds for a claim.
What Is a Wrongful Death Claim?
It is impossible to put a price tag on the value of a human life. While there is no perfect measurement, the closest that the justice system can get is allowing loved ones to recover financial compensation for their loss by filing a wrongful death lawsuit.
A wrongful death claim arises when someone dies in an accident due to the negligent or intentional acts of another person. This could include instances such as drunk driving crashes, workplace accidents, or medical malpractice incidents.
A wrongful death claim can be thought of as the victim’s loved ones stepping in and filing suit for the deceased person since the victim is unable to file a personal injury claim themselves. A successful claim can help alleviate the financial and emotional strain on survivors from the sudden loss of love, support, and income an individual provided before their death.
If you’re not sure whether you’re eligible to file a claim, a Texas wrongful death attorney from our firm can review your case and determine if you’re eligible to pursue compensation on your loved one’s behalf.
Who Can File a Wrongful Death Claim?
In Texas, only certain individuals can bring a wrongful death claim. According to Tex. Civ. Prac. & Rem. Code § Sec. 71.001, the surviving spouse, children, and parents of the deceased person can file a claim. If you hold one of these relationships with the decedent, a wrongful death attorney from Texas can help you explore your legal options.
If none of these individuals bring an action within three months after the death of the victim, then the executor or administrator of the estate may file a wrongful death suit as well.
If a victim does not leave behind a spouse, children, or parents, other relatives will not be able to file a wrongful death claim on the decedent’s behalf.
Texas courts have held that siblings, aunts, uncles, cousins, and other close relatives cannot pursue a claim. This means a wrongful death case can only be brought by a spouse, child, parent, or executor of the estate.
How Is a Wrongful Death Case’s Value Determined?
The exact value of your wrongful death case will depend on several factors. Since it is extremely complicated to determine the exact value of such a case, our Texas wrongful death attorneys will work with economists and actuaries to calculate how much financial compensation you should receive.
Survivors may be able to recover several types of damages, including economic and non-economic damages.
Economic Damages
Economic damages include the tangible financial contributions the deceased would have provided to the survivors if they had not died. The amount of damages you receive may depend on the deceased’s age, their health prior to death, and their earning capacity.
The age of the deceased’s children and the type of assistance that would have been provided can also factor into the value. Once a Texas wrongful death attorney from our team has calculated how much you’re owed for your economic losses, they’ll fight for the following damages on your behalf:
- Loss of expected earnings, including the amount the deceased would have earned over their career
- Loss of benefits, such as health insurance, dental coverage, and pension plans
- Loss of inheritance, including the inability to accumulate money to provide an inheritance to beneficiaries
- Funeral costs
- Burial expenses
- Medical expenses for care that the decedent received just prior to their time of death
- Value of the goods and services that the deceased provided for survivors
- Emotional pain suffered by the decedent’s family
Non-Economic Damages
Although non-economic damages may be harder to calculate, they can oftentimes have more value than economic damages. Non-economic damages can be used to help with the devastating loss of a loved one and the nurturing and supportive role they played in the lives of their survivors. These damages could include the following:
- Pain and suffering for the deceased’s survivors
- Loss of consortium of a spouse
- Loss of companionship, including support, care, and guidance from the deceased
Our Texas wrongful death lawyers can work with you to determine which non-economic damages you need to help you cope with the mental pain and emotional trauma you’re experiencing.
Once they’ve calculated how much you’re owed, they’ll demand that the liable party provide compensation for the suffering and loss you’ve endured.
Punitive Damages
Punitive damages, also called exemplary damages in Texas, may be awarded in cases where a defendant acted in a seriously reckless or malicious manner. Punitive damages are meant to punish the defendant and discourage similar behavior in the future.
An experienced attorney can assist in determining whether punitive damages are applicable in your situation.
CASE RESULTS
No Fee Unless You Receive Compensation
We believe that you should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations and contingency fee representation. Our No Win, No Fee Guarantee ensures you won’t have to pay a cent unless we win your case!
If we win your case, your attorney will take a portion of the compensation you receive. They’ll discuss their percentage with you before starting your case. If they are unable to recover payment on your behalf, you won’t be charged.
Common Wrongful Death Settlement Questions
How Can an Attorney Help?
Our wrongful death lawyers in Texas are here to handle your case through every part of the process. This may include helping to file your claim and determining the potential damages you may be able to receive. Our wrongful death lawyers have extensive experience investigating, negotiating, settling, and going to court for wrongful death claims.
We recognize that this may be one of the most difficult times of your life. Let us handle your legal case and provide the knowledge and support to move your case forward. We will fight to make sure you and your loved ones receive the compensation you may deserve.
How Much Time do I Have to File a Wrongful Death Claim?
If you want to file a wrongful death lawsuit, you need to be aware of the statute of limitations. Under Tex. Civ. Prac. & Rem. Code § 16.003, you have two years from the victim’s death to file a wrongful death claim.
However, it is best to contact a lawyer as soon as possible to help you navigate the filing timeline and seek the compensation you may deserve. Our wrongful death attorneys in Texas can answer any questions you have about your filing deadline and make sure your claim is submitted on time.
How Is Compensation Divided When There Are Multiple Surviving Individuals?
When a victim dies, they may leave behind several surviving family members who once relied on them for emotional and financial support. In some cases, a surviving spouse and children may choose to file a wrongful death case together. If the case goes to trial, the jury will decide the amount each family member should receive.
If the claim is settled without going to trial, an attorney can help divide the money fairly among the parties. There are several factors to take into account when splitting up the settlement amount, but when all parties can come to an agreement on how the money should be proportioned, the process is more straightforward.
Unfortunately, this is not possible in every case, and when the parties cannot come to an agreement, they may need to hire a Texas wrongful death attorney to represent them to ensure they receive a fair amount.
Can I File a Wrongful Death Claim If There Is an Ongoing Criminal Case?
Yes, a wrongful death claim may be filed even if a criminal case is proceeding based on the same facts. This is because a wrongful death claim is a civil case and must be brought by the spouse, children, parents, or representative. If a defendant is found at fault in a civil case, they will have to pay compensatory damages.
In contrast, a criminal case is brought by the state or prosecutor, and if the defendant is found to be at fault, they may face time in prison, probation, or other penalties.
Will My Case Go to Trial?
The majority of cases are settled without going to trial because both parties can come to an agreement on a fair compensation value for a wrongful death claim. If you go to trial, you may risk losing your case, receiving delayed compensation, or fighting an appeal.
All of these possibilities mean that your case will take longer, and you will not receive compensation as quickly as if you had settled.
However, sometimes going to trial is necessary. Our experienced Texas wrongful death lawyers know a lowball settlement when they see one. If a settlement offer isn’t fair, our attorneys may take the case to trial and continue to fight for you.
Contact a Wrongful Death Attorney From Our Team in Texas
At Zinda Law Group, our wrongful death attorneys have helped many survivors get the compensation they deserved after losing a loved one in a tragic accident caused by another party’s negligence or intentional actions.
We understand that no amount of money can replace your loved one, but we want to help ensure you receive the financial and emotional support you deserve. Contact us today to schedule a free initial consultation and find out if you have grounds for a claim.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
