Wrongful Death Attorneys in Plano
Compassionate Counsel for Clients Throughout Collins County
Experiencing the sudden loss of a loved one due to another's negligence
can be life-altering. While no amount of money can ever replace your loved
one, pursuing a claim against the responsible parties accountable can
bring some semblance of closure and help ease the financial burden that
often accompanies such tragic events.
MAS Law. Our Plano wrongful death lawyers can help you understand your legal rights
and options as you pursue your claim. Known for our commitment to excellence
and personalized approach to cases, you can trust our team to help you
navigate your case.
Contact our team online or at (972) 460-9339 to learn more about how we
can help you in Plano.
What’s the Difference Between Wrongful Death & Survival Action Cases?
While a wrongful death suit is a legal action that allows the surviving
family members to seek compensation after the loss of a loved one, a survival
action case is a lawsuit brought by the estate of the deceased person.
It seeks compensation for the losses the deceased suffered between the
time of injury and the time of death, including pain and suffering, medical
costs, and lost wages.
The primary difference between these two legal actions lies in their purpose
and the nature of damages involved. A wrongful death suit is intended
to compensate the survivors for their losses, such as loss of companionship,
mental anguish, lost earning capacity, lost inheritance, and funeral expenses.
On the other hand, a survival action case compensates the estate for the
damages the deceased would have been entitled to had they lived, such
as lost wages from the time of injury until death.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas Civ. Prac. & Rem. Code § 71.004 outlines who can bring such actions forth. Under this law, the following
individuals can file a wrongful death suit:
- Surviving spouse
- Children (including legally adopted children)
- Parents (including adoptive parents)
If these individuals do not pursue a claim within three months, the executor
of the decedent’s estate can file a claim instead. However, the
executor cannot file a claim if the surviving family expressly asks them
not to do so.
Statute of Limitation on Filing a Texas Wrongful Death Claim
A statute of limitations is a law that sets the maximum period during which
a party can initiate legal proceedings from the date of an alleged offense
or occurrence. The purpose it serves in
personal injury lawsuits, including wrongful death claims, is to ensure that claims are
made while evidence is still relatively fresh, and witnesses' memories
are still intact. It also provides a level of certainty and protection
for potential defendants, ensuring that they won't have to indefinitely
fear possible litigation.
When it comes to filing a wrongful death claim in Texas, the statute of
limitations is somewhat strict, and claims must be brought forward within
two years of the decedent’s passing.
It is important to note that there are exceptions to this deadline. For
instance, if the individuals eligible to file the claim are minors, the
two-year time limit does not start until they reach the age of 18. The
statute can also be extended if the decedent’s death was caused
by a criminal act.
The statute can also be reduced in some cases. Specifically, claims against
government entities must be made within six months of the deceased’s passing.
Call (972) 460-9339 to Request a Consultation
If you believe that your loved one's death was due to someone else's negligence
or misconduct, it's important to consult with an experienced Plano wrongful
death attorney as soon as possible. They can guide you through the legal
process, help gather necessary evidence, and represent your interests in court.
At MAS Law, we bring more than just years of experience to the table. We
bring an unyielding commitment to fight for our clients, combined with
a deep-seated compassion that drives our case approach.
Our approach isn't just about aggressive representation; it's about being
there for you, understanding your plight, and relentlessly seeking justice
while you focus on healing.
Contact us today in Plano to get started on your case.