Garland Wrongful Death Lawyer

Trust MAS Law to 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 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 wrongful death 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 Garland?

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. 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, 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 in a wrongful death claim 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 to calculate.

Non-economic damages in a wrongful death claim 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 wrongful death attorneys in Garland are experienced in quantifying these damages and fighting for our clients' rights to ensure they get the justice they deserve.

Statute of Limitations for Wrongful Death Claims in Garland

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.

Can a Wrongful Death Claim Be Filed After Criminal Charges Are Made?

Yes, a wrongful death claim can be filed independently of or alongside criminal charges. A civil lawsuit focuses on the financial restitution for the victim's family, regardless of the outcome of any criminal proceedings. In Texas, the burden of proof in civil court differs from criminal court, allowing families to seek justice and compensation concurrently. Understanding the timing and relationship between civil actions and criminal charges is crucial. It's important to consult with an experienced wrongful death attorney in Garland to navigate these complexities effectively and with confidence.

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 wrongful death lawsuit can provide financial security and a sense of justice. Our wrongful death attorneys 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 with a wrongful death lawyer in Garland and understand your legal options.