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Family is undoubtedly the centerpiece of your life. If you have lost a member of your family because of the actions of someone else, you understandably may feel as if your life has been turned upside down. You may wonder what rights you have to obtain justice and accountability. The caring and committed Doan Law Firm Lubbock wrongful death lawyer team is here for you. You can connect with our firm any time of the day or night by calling us at (806) 557-0000.
The state of Texas defines a wrongful death as ending a person’s life as the result of certain types of actions or inactions by another party or parties. A Lubbock wrongful death can be in the form of:
A seasoned Doan Law Firm Lubbock personal injury lawyer can answer any questions you may have about this type of claim. As noted previously, you can reach a wrongful death attorney by calling our firm at (806) 557-0000.
Wrongful death can happen in numerous accidents involving negligence. Our legal team will review your loved one’s death circumstances to help you know if you have a case. Some of the most common causes of wrongful death we see include:
We review your case comprehensively to determine what happened and who is at fault. A Lubbock wrongful death lawyer from our firm can help you determine if someone could be held accountable for the losses. Reach out to us even if you are unsure you have a claim. Many times, families do not know they do. Sometimes they expect the insurance company to write a check. That does not happen. Instead, count on your attorney to investigate without any cost to you upfront.
Wrongful death claims must stem from negligence. There are four key components we must prove to show the death was the result of negligence. Those include:
Proving each of these factors requires obtaining clear evidence. Your attorney cannot simply assume they caused the accident. Instead, expect our Lubbock wrongful death lawyer to aggressively investigate and build an evidence-based claim based on these four factors.
The insurance company or other party defending against negligence claims will work hard to show you have not proven negligence. Sometimes these claims are obvious. Other times, having hard evidence that links the at-fault party to the death is more challenging. This is one of the most important reasons to hire a skilled and experienced Lubbock wrongful death attorney.
Justice and accountability necessitate appropriate financial compensation as a means of at least some type of recompense for your losses. The specific financial recovery that might be available in a wrongful death claim depends upon the facts and circumstances surrounding a loved one’s death. Although there are differences from one wrongful death to another, examples of the types of injuries, damages, and losses from which a Lubbock wrongful death lawyer seeks compensation for a client include:
In some cases, a Lubbock wrongful death lawyer will be able to seek what are known as punitive damages for our clients. Punitive damages represent additional money paid to the family of a person killed because of the actions of some other party that are considered to be particularly reckless or egregious. This is additional money that is awarded as part of a judgment in a Texas wrongful death lawsuit.
Texas law permits certain family members the ability to pursue a wrongful death claim in the Lone Star State. Texans who can pursue a wrongful death claim for the loss of a family member include:
These types of family members can bring a wrongful death lawsuit jointly. In the alternative, if a family member so desires, he or she can pursue his own wrongful death claim and lawsuit. Whether your family was impacted by a preventable car crash or an unsafe workplace, we are ready to help.
If a person has been killed because of the conduct of some other party and does not have a spouse, children, or parents at the time of his or her death, the estate of the deceased individual is able to file a wrongful death action.
If the estate prevails in a wrongful death claim or lawsuit, financial compensation is distributed to heirs of the deceased person. Compensation would be distributed based on directives in the deceased person’s will or by operation of Texas law if the deceased person did not prepare a last will and testament.
The family or estate of a deceased party must act within the Texas statute of limitations. This is typically two years from the date of the person’s death. It is not always the same as the day the incident occurred. If your loved one died several days, weeks, or even significantly later from injuries that came from this accident, you still have two years from the date of death.
Some exceptions exist to this rule. If you did not know and could not have known about the at-fault party’s actions contributing to the death, that can extend the timeframe. For example, it may take years to learn that exposure to a substance resulted in the development of a disease that took your loved one’s life. The statute of limitations abides by the rule of discovery in this case.
If you believe your loved one died as a result of negligence, we encourage you to speak to us even if this date has passed. Your lawyer will determine if the situation qualifies for an extension on the initial timeline.
Most often, it is wise to speak to an attorney immediately after an accident resulting in death. It can take time to develop a claim and research fault. Gathering evidence is more difficult if you seek it later. Instead, speak to our Lubbock wrongful death lawyer immediately for the help you need in knowing if you have a case.
Wrongful death cases are complex for multiple reasons. One of those reasons is the estate’s valid claim compared to the family’s. A person’s estate can seek compensation from the at-fault party for the losses it incurred. Typically, a will or the state will appoint an executor of the estate to make these decisions. For example, the estate may seek a survival claim for losses the deceased party suffered from between the time of the accident and their death. Examples include:
The survival claim seeks compensation paid to the estate. The executor or other personal representative of the estate then uses those funds as they do any other component of the estate. It may be applied to debts owed or funneled down to heirs.
A wrongful death claim supports the family, or the people left behind by the death. Your wrongful death claim seeks action against the at-fault party for what you have and will continue to suffer as a result of the accident and death. Examples of this type of loss may include:
The eligible family members file the wrongful death claim. When they win their claim, the funds paid by the at-fault party go to the family members to use as they need. They do not go to the estate to pay debts and other claims.
This is an important distinction. Many times, both a survival claim and a wrongful death claim occur. When that happens, concerns about the availability of funds under insurance policies are common. Your Lubbock wrongful death lawyer will help you review the best possible strategies for moving your case forward.
You can connect with The Doan Law Firm and a Lubbock wrongful death lawyer by calling (806) 557-0000. We keep out Lubbock wrongful death lawyer telephone line staffed around the clock, 365 days a year. This includes all major holidays.
Our office can be found at:
The Doan Law Firm
4708 67th Street
Lubbock, Texas 79414
(806) 557-0000
We can also meet with you at your home. A virtual consultation and case evaluation with a Doan Law Firm lawyer can be done online as well. There is never a charge for an initial consultation with a wrongful death lawyer in Houston, Lubbock, or another Texas city.
The Doan Law Firm makes an attorney fee promise to you. We will never charge an attorney fee unless we win your case for you.
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