GIDDENS & BURNS

Wrongful Death Claims

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When a loved one dies as a result of another party’s negligence or misconduct, surviving family members may be entitled to file a wrongful death claim. Under Texas law, the wrongful death statute outlines the process for pursuing such claims. The heirs of the deceased are generally entitled to bring an action, and the personal representative of the estate can pursue damages for personal injury, pain and suffering, or expenses incurred prior to the decedent’s passing.

Wrongful death claims can arise from various circumstances, including:

• Automobile accidents

• Boating accidents

• Aviation accidents

• Industrial accidents

• Exposure to hazardous conditions in the workplace

• Other instances where negligence leads to fatal consequences

 

While no amount of money can ever fully compensate for the emotional loss of a loved one, a wrongful death claim aims to address the economic impact on the surviving family members. The court will consider several factors when assessing economic damages, including:

• The deceased’s earning capacity (education, occupation, and income at the time of death)

• The deceased’s life expectancy

• Medical and funeral expenses incurred by the family

 

Choosing the Right Wrongful Death Attorney

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Selecting the right attorney to represent your family is critical in pursuing a wrongful death claim. It’s essential to choose a lawyer who has experience in both personal injury and wrongful death cases. Many attorneys may accept a wrongful death case, but not all have the expertise required to secure the maximum compensation. An attorney with extensive knowledge in wrongful death law can help ensure you receive the full financial recovery you are entitled to.

 

Act Quickly – Time Limits in Texas

 

If your loved one has passed away due to someone else's negligence, it’s crucial to act quickly. In Texas, the statute of limitations for wrongful death and personal injury claims is typically two years from the date of the incident. While there may be exceptions, it's important not to delay in seeking legal assistance. Without an experienced attorney, you risk receiving far less compensation than you deserve.

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Contact Giddens & Burns today to discuss your case. Our team is dedicated to guiding you through this difficult time and fighting for the justice and compensation your family deserves.