Texas Wrongful Death Lawyer

Serving throughout the Great State of Texas

Losing a loved one becomes even more difficult to cope with when your loved one’s life is unexpectedly taken and the circumstances causing death might have been prevented. All too often, Texas residents suffer the loss of loved ones due to medical mistakes and fatal accidents caused by the negligence of others.

We’re sorry for your loss. Everyone here at Daniel Stark would like to express our sympathy. As Texas wrongful death lawyers, we’ve helped many families through tragedies such as yours. Our knowledgeable, compassionate legal staff can work with you every step of the way as you pursue legal action for the wrong that has been done.

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Who Can File a Wrongful Death Claim?

Typically, only the victim’s surviving immediate family members, dependants, or beneficiaries are able to file a wrongful death claim. The people who may file a wrongful death claim for the death of a loved one include:

• Spouses - By ceremonial marriage and common-law.
• Children - Adult and minor children both may bring an action for the wrongful death of a parent. Children who are born after the death of the parent are also beneficiaries. Legally adopted children are also included.
• Parents - Parents of the deceased victim, regardless of whether the child was a minor or an adult, may file a claim.

Usually, other family members, such as brothers and sisters of the deceased victim, have no standing to file a claim, nor do other surviving relatives. However, there are many exceptions to these general rules for who may file a wrongful death claim. If you have a question regarding whether or not you are eligible to file a wrongful death action, please contact our offices. We would be happy to discuss your options with you at no charge so you may be fully informed of your rights.

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How Do I Know If I Have a Wrongful Death Claim?

There are four general elements that must hold true for any wrongful death claim:

1. The death was caused, in whole or part, by the conduct of the defendant.
2. The defendant was negligent, or strictly liable, for the victim’s death.
3. There is either a surviving spouse, children, beneficiaries, or dependants.
4. Monetary damages have come as a result of the victim’s death.

At Daniel Stark, we understand that you have a lot to deal with right now and we want to help you in any way we can. That’s why our legal team will take the lead in pursuing your Texas wrongful death claim, should you choose to let our lawyers represent your case. We’ll deal with insurance adjusters and lawyers of the other party on your behalf, advocating for your rights and wishes. Throughout the process, we’ll keep you informed of what is happening and consult with you on how you would prefer us to proceed with every step.

As a surviving loved one, you can likely collect damages for the loss, pain, and suffering you’ve experienced because of the death of your loved one due to someone else’s negligent or malicious actions. This is made possible because of wrongful death statutes. However, something known as the statute of limitations is also in place to establish a time frame during which a wrongful death claim can be filed. These statutes vary from state to state as well as from case type to case type. A knowledgeable Texas wrongful death attorney can advise you on how the state’s statutes apply to you to help ensure you act in time.

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Can I File a Lawsuit on Behalf of My Deceased Loved One?

There are two types of statues that deal with the death of a family member and the beneficiaries of the deceased. They are the wrongful death statute and the survival statute. The survival statute allows the estate or surviving dependants to assume the victim’s cause of action against the defendant even after the victim has already passed away. This allows the surviving dependants or a legal representative to “stand in the victim’s shoes” in the courtroom and pursue the common-law action for damages that were sustained by the deceased and his or her estate as a result of the injuries.

The damages that are recoverable under a survival statute are usually limited to those that were sustained by the deceased before his or her death. Therefore, the beneficiaries or legal representative of the deceased may recover for the mental anguish, physical pain, suffering, property damages, and medical expenses sustained by the deceased before his or her death. Funeral expenses may also be recovered in a survival action.

The second, and more commonly known statute, is the wrongful death statute. The wrongful death statute allows the surviving spouses, children, and parents of the deceased to file individual claims based on the losses they themselves suffered as a result of the wrongful death. These damages and losses include:

• Loss of financial contributions from the Texas wrongful death victim
• Loss of companionship
• Mental anguish suffered as a result of the death
• Value of services of the deceased
• Loss of contribution
• Exemplary damages
• Loss of consortium
• Loss of inheritance

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Let Us Help

The Texas wrongful death attorneys with Daniel Stark will fight with unwavering determination to get you the compensation you and your family deserve. The compensation of a wrongful death claim will depend on several factors, including the relation of the surviving loved one to the deceased. Parents and spouses can sue for loss of companionship, mental anguish, and loss of potential financial contributions. Claims also cover medical and burial expenses and any pain and suffering experienced. You are probably suffering as a result of the wrongful death case, so call Daniel Stark and one of our compassionate and knowledgeable attorneys can help you.

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