Wrongful Death Attorneys in Corpus Christi & Dallas, Texas
A 2019 report on Motor Vehicle Traffic Crash Facts report from the Texas Department of Transportation indicates that there were 3,610 motor vehicle traffic fatalities reported statewide. Losing a family member can be emotionally devastating and financially overwhelming. If you have lost a loved one in an accident caused by someone else's negligent actions, you are within your rights to pursue fair compensation by filing a wrongful death action against the responsible party.
The Torres Attorneys are dedicated to providing experienced legal services and compassionate representation to clients in wrongful death cases. As your legal counsel, we will review the surrounding details of your case, conduct a thorough investigation, gather the required documentation, and help file a wrongful death claim. Our experienced Texas personal injury attorneys can fight vigorously to protect your rights and help seek rightful compensation for your loss.
At The Torres Law Firm, we proudly represent wrongful death victims and their families throughout Corpus Christi, Texas, and the surrounding communities of Dallas and Fort Worth. Reach out to us today to schedule a consultation to discuss your case.
Filing a Wrongful Death Claim
The death of a loved one is one of the most heartbreaking incidents anyone can deal with in life. In legal terms, wrongful death can be described as an avoidable death that occurred due to the negligence or wrongful act of another party. The purpose of a wrongful death claim is to hold the responsible party accountable for the individual’s death and compensate their family for their loss.
While a wrongful death action won't restore the lost loved one, a successful claim can provide a much-needed financial boost to the decedent's family to cover lost wages and benefits, burial and funeral expenses, as well as outstanding medical expenses. Through a wrongful death action, the responsible party can be held accountable to prevent such an accident from happening to another person.
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What Constitutes Wrongful Death in Texas?
A wrongful death action may be brought if the wrongful act, neglect, carelessness, unskillfulness, or default of one party results in another person's death. Pursuant to Texas Statutes Section 71.002;
"A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default."
To establish a wrongful death claim in Texas, the plaintiff must prove that:
The defendant owed the decedent a legal duty of care
The duty of care was breached
A death occurred
The defendant's wrongful actions resulted in the victim's death
The surviving family members suffered actual damages from the death
Who Can File a Wrongful Death Claim?
Under Texas Statutes Section 71.004(b), any of the following persons may bring an action to recover damages for wrongful death:
The decedent's spouse
The children of the deceased person
The parents of the deceased person
An adopted child, provided that the adoption was legal and successful
The personal representative of the deceased person's estate after three calendar months of the death
Statute of Limitations for Filing
The statute of limitations states that an action for wrongful death in Texas must be filed within two years from the date of the decedent's death.
Potential Damages Available
The following damages may be recovered from a wrongful death claim:
Medical costs accrued before the victim's death
Lost income and other benefits
Burial expenses
Funeral expenses
Mental anguish
Loss of care, guidance, support, or counsel
Loss of love or companionship
Lost household services
Loss of consortium
Punitive damages
Work with Knowledgeable Attorneys
Losing a loved one is an overwhelming experience that can cause significant, long-lasting ramifications to your financial, physical, and mental health. You shouldn't have to face these challenges on your own. It is important that you speak with knowledgeable personal injury attorneys to help protect your rights and pursue rightful compensation for your loss.
At The Torres Law Firm, we have the required resources and experience to help you hold the responsible parties accountable for your loved one's death. As your attorneys, we will:
Fight to protect your rights and represent your best interests
Review every last detail of your case and carry out a thorough investigation
Gather necessary documentation, evidence, and other relevant information
Work to establish that the defendant's wrongful actions caused the death
Help negotiate with insurance providers to recover fair compensation for your loss
Take additional legal action, if necessary
We will help pursue compensation to cover funeral costs, burial expenses, lost income and benefits, outstanding medical expenses, and loss of consortium. Having our team on your side can make a big difference in your wrongful death lawsuit.
Wrongful Death Attorneys Serving Corpus Christi, Texas
If you have lost a child, spouse, parent, or close relative to another person's negligent or careless actions, you have the right to take legal action. Contact us at The Torres Law Firm today to schedule a one-on-one case assessment. We proudly serve clients across Corpus Christi, Dallas, and Fort Worth, Texas. Call today to get the help you need.