Garland Wrongful Death Accidents Lawyer
Trust MAS Law Help Your Family During Difficult Times
The truth is no amount of compensation can truly bring peace or fill the
void left behind by your loved one. However, pursuing a wrongful death
claim can play a crucial role in finding some semblance of justice, providing
necessary financial support, and delivering a measure of closure.
At MAS Law, our compassionate and skilled
Garland attorneys are here to help you navigate the legal process and fight for your rights.
We understand the emotional and financial toll that a wrongful death can
take on a family, and we are dedicated to seeking justice for those who
have been wronged.
If you have lost a loved one due to someone else's negligence or intentional
wrongdoing, our experienced attorneys are here to assist you. Reach out to us online
or call us at (972) 460-9339 to schedule a free consultation.
When Can You File a Wrongful Death Lawsuit?
In Texas, a wrongful death claim can be filed if the "wrongful act,
neglect, carelessness, unskillfulness, or default" of one party causes
the death of another. This includes scenarios where death is caused by
a negligent act, such as an accident caused by drunk driving, or intentional
harm, such as homicide in Garland. The lawsuit is typically initiated
by a representative of the victim's estate on behalf of the surviving
family members who have suffered damage from the victim's death.
Here are key factors to consider when determining if you have grounds for
a wrongful death lawsuit:
- Eligibility to file a wrongful death claim is generally limited to the
deceased's surviving spouse, children, and parents. Siblings, whether
biological or adopted, are not allowed to file a wrongful death lawsuit in Texas.
- The representative of the estate may only file a claim if the eligible
family members have not done so within three months of the death. However,
this does not apply if a family member specifically asks the representative
not to file the claim.
What Damages Can Be Claimed in a Wrongful Death Lawsuit?
In a wrongful death lawsuit in Garland, the claimant can seek compensation
for several types of damages. These damages are broadly classified into
economic and non-economic damages. Economic damages include various calculable
losses that occurred as a result of death. They can be proven by showing
bills, receipts, and expert testimony on lost earning capacity.
Economic damages can include:
- Lost potential earnings
- Medical expenses incurred prior to death
- Funeral and burial expenses
Non-economic damages are non-tangible and subjective losses. They are often
the more significant part of a wrongful death claim and can be more challenging
Non-economic damages can include:
Mental anguish: This refers to the pain and suffering that family members go through
due to the loss of a loved one.
Loss of companionship: This relates to the love, companionship, comfort, and society that family
members have lost due to the death.
Loss of parental guidance: If the deceased was a parent, children may be entitled to compensation
for the loss of guidance, nurturing, and care.
The objective of a wrongful death lawsuit is to restore the financial position
of the survivors to what it would have been if the death had not occurred.
The damages awarded are aimed at compensating for the loss sustained by
the close family members due to the untimely death. At MAS Law, our attorneys
in Garland are experienced in quantifying these damages and fighting for
your rights to ensure you get the justice you deserve.
Statute of Limitations for Wrongful Death Claims in Texas
In Texas, the statute of limitations for wrongful death claims is generally
two years from the date of the person's death. This time frame may seem
ample, but it's crucial to initiate legal proceedings as soon as possible.
Gathering evidence, interviewing witnesses, and building a compelling
case can take time. Furthermore, the sooner a claim is filed, the sooner
relief can be obtained for the decedent's family, helping them move forward.
However, there are certain exceptions to this two-year rule. For instance,
if the person responsible for the death is convicted of a crime related
to the death, the limitations period may be extended. Similarly, if the
claimant was a minor at the time of the death, or they were unaware of
the cause of death due to fraud or concealment, they may have more time
to file a lawsuit.
Proving Fault in a Wrongful Death Lawsuit
In a wrongful death lawsuit, demonstrating fault is crucial. This process
typically involves establishing negligence, which means that the party
responsible failed to act with the level of care that a reasonable person
would have exercised under the same circumstances.
There are four key elements in proving negligence:
Duty of care: The defendant had a legal responsibility to ensure the safety or well-being
of the deceased.
Breach of duty: The defendant failed to meet this responsibility by acting or failing
to act in a certain way.
Cause in fact: This breach of duty directly resulted in the death of the victim.
Proximate cause: The defendant could reasonably have anticipated that their action or inaction
could lead to harm.
It's also important to note that Texas follows a comparative fault rule
in wrongful death cases. This means that if the deceased was partially
responsible for their death, any compensation awarded will be reduced
by their percentage of fault. However, if they were more than 50% at fault,
the surviving family members may not be able to recover any damages. This
rule underscores the importance of thorough investigation and solid legal
representation in wrongful death cases in Garland.
Why Choose MAS Law for Your Wrongful Death Lawsuit?
At MAS Law, we understand that while no amount of money can replace your
loved one, a successful Garland wrongful death lawsuit can provide financial
security and a sense of justice. We are committed to guiding you through
every step of the legal process, providing personalized attention, compassionate
support, and aggressive representation.
Contact us online
or call us at (972) 460-9339 to discuss your case and understand your