Wrongful death is defined as the loss of life to a person as a result of another’s intentional or unintentional actions. If an individual or entity causes harm to another person and the injuries sustained result in that person’s death, then the individual may be held liable for wrongful death. A wrongful death claim has no correlation with criminal action, meaning that even if the defendant is cleared of criminal charges, the victim’s family may still be able to pursue a civil action for wrongful death.
Though pursuing a lawsuit will not bring your loved one back, The Barber Law Firm will ensure that those responsible are held accountable for their actions. Our team of wrongful death attorneys can help relieve the financial burden placed on you and your family by bringing the responsible individual or parties to justice.
A wrongful death claim may be filed against anyone or any institution that was legally at fault for a person’s death. This can include:
Whether it’s a car accident or a medical malpractice suit, the surviving family members or other real parties of interest may file a wrongful death claim on behalf of the deceased to cover pain and suffering, medical expenses, funeral expenses, and lost wages.
By far the majority of wrongful death cases are the result of car accidents. When a driver causes an accident that results in the death of another driver, oftentimes the responsible party may be held liable for wrongful death. In addition to car accidents, wrongful death claims often arise from deaths due to the following;
A wrongful death claim is typically brought by the spouse or direct dependents of the deceased and includes compensation for the pain and suffering of the surviving family members, loss of the deceased one’s future income, funeral expenses, outstanding medical bills, and loss of consortium.
A survival action, on the other hand, is similar in that is it brought on behalf of a deceased individual, but this type of action takes into account the types of losses that the deceased person himself suffered. In simpler terms, this is for the damages they could have recovered in a lawsuit had the deceased not died. It is typically brought by the deceased person’s estate and then distributed to surviving family members and may include damages such as the pain and suffering and lost earnings that the deceased person endured prior to their death.
If you have recently lost a loved one due to wrongful death and are considering filing a wrongful death claim, its important to know that in most cases, Texas law states that you have just two years from the time of death to bring your claim. While two years may seem like a long time, remember that building a case can take a considerable amount of time.
First you’ll need to find the right law firm to work with. You should make sure upfront that the attorney you are considering has handled these types of cases before with successful outcomes, and that the firm has the resources needed to build a rock-solid case.
Next, your legal team will closely examine the circumstances surrounding the events that lead to your loved one’s death. It must be proven that the responsible party showed negligence. For example, in a car accident case, it must be proven that the guilty party was at fault for the accident which caused your loved one’s death. The type of evidence needed to prove negligence will vary based on the type of case but the underlying legal principals are the same. In most cases, witnesses will be contacted, experts may be consulted, and documents may need to be tracked down and compiled.
Once negligence can be shown, your team will need to establish a direct correlation between the consequences of the negligence, and the death of your loved one. If, for example, your loved one was badly injured in a car accident and then passed away several days later while in the hospital, it must be proven that the death was the direct result of injuries sustained in the accident and not due to some other pre-existing condition. A history of medical records may need to be compiled to rule out any other possible causes of death.
Finally, damages must be shown. This includes the bereavement of the surviving family members as well as all the quantifiable monetary damages. Once a case has been built, your legal team will seek compensation either through a settlement with the at-fault party or through a legal action in a court of law.
Insurance companies often attempt to obtain the lowest settlement possible. It’s important to have a law firm on your side that knows how to deal with insurance companies, what to expect, what questions to ask, and ways to approach certain scenarios to provide the best outcome for you, the client. The wrongful death attorneys at The Barber Law Firm will do everything in their power to ensure you receive the compensation you deserve.
The Barber Law Firm is knowledgeable of wrongful death litigation cases and will fight for you every step of the way. In most cases, we offer our legal services on a contingency fee basis, meaning we only get paid if you do. Since our success is dependent on your success, you can rest assured we will work hard to ensure you are represented fairly in court.
For a FREE consultation on a wrongful death claim, consult the wrongful death attorneys at The Barber Law Firm at 972-231-5800, or fill out our online form.
Ambulance, hospital, medical treatment, and surgery costs
associated with the auto accident
Initial consultations with our dedicated legal team are always completely confidential and offered at no charge. We will answer your legal questions without any obligation from you.
We have same-day virtual options by video conference or phone, and utilize up-to-date technology to ensure efficient, pain-free communications through text and email choices.
We have a large percentage of multilingual staff members to ensure accurate and convenient communication. We understand that being able to communicate effectively with clients is essential.
Our team has a strong commitment to doing what is right and an insatiable desire to win. Over the past 20 years, we have successfully fought for tens of thousands of real people just like you.
At The Barber Law Firm, we stand with families enduring the profound loss of a loved one due to someone else’s negligence. The pain and sorrow of wrongful death are immeasurable, and while no amount of compensation can replace your loss, achieving justice can offer a sense of closure and financial security during this difficult time. In Texas, wrongful death claims are surrounded by complex legal considerations, and navigating these challenges requires the insight and compassion of experienced attorneys.
Our firm is dedicated to advocating for families affected by wrongful death, providing the sensitive and comprehensive legal support needed to navigate these intricate cases. Whether the loss resulted from a personal injury, medical error, vehicle accident, workplace incident, or another act of negligence, The Barber Law Firm brings a deep understanding of Texas law to bear, ensuring that responsible parties are held accountable. Our approach involves meticulously investigating the circumstances of your loss, gathering compelling evidence, and building a strong case to secure the rightful compensation for funeral expenses, lost income, loss of companionship, and emotional distress.
Allow The Barber Law Firm to shoulder the legal burdens during this trying time, offering you the space to grieve and remember your loved one. Our commitment to justice and our track record of success in wrongful death cases across Dallas provide the assurance that your case is in capable hands. Contact us today for a compassionate consultation, and let us help you take the first steps towards healing and justice.
The experiences of our clients speak for themselves. These are REAL people.
Did you know personal injury laws in Texas only give accident victims a
LIMITED AMOUNT OF TIME to negotiate a fair automobile insurance settlement?
An experienced personal injury lawyer in Dallas can help make certain that the appropriate requirements for injury cases are met and clients receive fair compensation for their claims.
In 20 minutes or less,
we can give you a free
Tell Us Your Story. Complete the form below to speak to one of our top-rated personal injury attorneys and learn more about the legal options for your accident claim.
Legal Disclaimer: This website and the information it contains is for general information only about injury lawyers and claims. It does not constitute an attorney-client relationship. If you believe that you are entitled to an insurance settlement or compensation for a personal injury claim, contact The Barber Law Firm at 972-231-5800 for a free consultation with an experienced Dallas injury attorney.
*AVVO, AV, Super Lawyers, BBB, American Registry, Legal Leaders, and Million Dollar Advocates recognitions received by attorney Kristopher Barber. Locations other than Plano require an appointment prior to visiting.
Tell Us Your Story. Complete the form below to speak to one of our top-rated personal injury attorneys and learn more about the legal options for your accident claim.