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Filing a Wrongful Death Suit in Dallas

Losing a loved one is never easy. However, when the death was a result of someone else’s negligence, it’s even more challenging to come to terms with the passing of a loved one.

Those who have lost someone often wonder whether they are entitled to compensation, but they don’t know how to file a wrongful death lawsuit. A knowledgeable wrongful death attorney can help family members pursue the financial relief they deserve and demand justice for their loved ones.

Contact the compassionate team at Kraft & Associates today to get answers to your questions in a free consultation.

What Are the Grounds for Filing a Wrongful Death Lawsuit?

Wrongful death is an area of personal injury law, and as such, it requires you to show that another person’s negligent actions caused the death of your loved one. Negligence occurs when one party acts carelessly or recklessly and those actions cause harm to someone else. If a nursing home neglected a patient, resulting in death, the courts may view that as a negligent action. Or, if someone was driving drunk and killed another person, the courts would likely find this to be negligent behavior.

These are just two scenarios that could involve a wrongful death. If you have lost a loved one due to someone else’s negligence, you should speak with an experienced attorney about whether you have grounds to file a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit?

In Texas, only certain people can file a wrongful death lawsuit. These include:

  • The surviving spouse of the deceased
  • The surviving child of the deceased, including adopted children
  • The surviving parent of the deceased
  • The personal representative of the deceased’s estate

In Texas, the courts limit the number of people who can file a wrongful death lawsuit. This is largely due to the fact that only close personal relatives are likely going to suffer damages as a result of the death, and as such, they are the only ones eligible to seek compensation.

What Types of Damages Can the Family Collect?

There are two main types of damages awarded in Texas wrongful death lawsuits:

  • The first are damages the deceased is possibly owed for losses incurred prior to death and as a result of the negligent action. These damages could include medical expenses, funeral expenses, pain and suffering incurred by the deceased, and lost wages.
  • The second type of damages awarded in wrongful death lawsuits are losses suffered by the family as a result of the death. If the family relied on the deceased’s income, damages could include lost income and loss of future earning capacity. Lost support and care, loss of comfort and companionship, and lost inheritance are a few types of damages that fall into this category.

In some cases, the courts may also award punitive damages. These damages are not meant to compensate either the victim or their loved ones. Rather, they are intended to punish the defendant for gross negligence or acting with malice.

Get Help with a Wrongful Death Claim Now

In order to begin a wrongful death claim, a loved one of the deceased simply has to visit a wrongful death attorney in Dallas. An attorney will investigate the case, identify the liable parties, gather the evidence, and file the lawsuit with the courts. A lawyer will also guide family members through the entire process, from settlement negotiations to pre-trial motions to the trial, if necessary.

If you have lost someone and believe it was a result of someone else’s negligence, you need an experienced wrongful death attorney in Dallas. At Kraft & Associates, we will walk you through the entire process and fight for your rights every step of the way. We understand how difficult it is to lose a loved one, particularly when someone else was at fault for the accident. Contact us today for your free initial consultation so we can begin discussing your case.