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.
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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.
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