There is nothing more challenging or devastating than losing someone you love. It is particularly difficult when it happens suddenly and because of someone else’s negligence or recklessness.
During this time, emotions are high. Sadness, anxiety, shock, and overwhelm are likely just some of the feelings you’re cycling through. More than anything, though, you might feel angry at the person responsible for your loved one’s death.
The last thing you want is to endure a tedious legal process and answer question after question, but filing a wrongful death claim can help you get justice for your loved one and family and relieve the financial burden on your shoulders.
As the best wrongful death lawyers in Texas, we take our roles incredibly seriously, and we’re determined to fight for you. More than anything, we pride ourselves on our compassion and taking as much as possible off your plate. As we give our all to your case, you can spend time with your family, grieve, and begin healing.
Choosing a Texas personal injury lawyer is not a decision you should make lightly. It’s vital to work with a lawyer you trust to fight for justice and negotiate a fair settlement or make the best case in court.
Our wrongful death lawyers in Texas understand how difficult it can be to find the right law firm for you.
That’s why, at Patino Law Firm, we do things a little differently.
You don’t pay unless we win. Our Texas wrongful death lawyers work on a contingency basis, so you won’t pay a cent until we win your case.
Wrongful death can happen in any accident. Providing another person or party owed your loved one a duty of care and their negligent or reckless act caused their death, you can bring a wrongful death suit. Our Texas wrongful death lawyers have experience representing clients in a wide range of cases, including:
The pain of losing a loved one, especially in such circumstances, never goes away, but support is available as you move forward. The state may bring criminal charges against the at-fault party, and it may provide you with limited compensation in the way of restitution, but it’s unlikely to cover your expenses. However, filing a wrongful death claim allows you to recover the cost of any final medical bills and funeral arrangements and be compensated for your loss.
Because wrongful death can happen in many scenarios, there’s no definitive answer to who is liable. For example, if your loved one died in a car accident caused by another driver, and that driver was speeding, they may be liable. But if the crash happened because the brakes were defective and failed, you may be able to hold the manufacturer at fault.
Determining fault relies on evidence, but in all cases, proving negligence requires you to meet four criteria:
A duty of care is a legal obligation to ensure the safety and wellbeing of others. It can be as simple as providing a safe work environment, safety-testing products before they are sold to the public, or following state traffic laws.
For example, doctors have a duty of care to look after the health of their patients. Likewise, anyone driving on the road has a duty of care to drive safely and obey the law. This means that if your loved one was killed in a car accident because another driver was intoxicated, a car accident lawyer could argue that they breached this duty and that their negligence — driving while intoxicated — caused the death.
If you need help identifying and proving who was at fault in your loved one’s accident, our wrongful death lawyers in Texas can investigate your case, gather evidence, and begin the claims process to secure the compensation you deserve.
Texas law is highly specific in who is allowed to bring a wrongful death claim. You must be a surviving spouse, child, or parent to claim compensation. Other family members — such as grandparents, grandchildren, aunts, uncles, and cousins — or romantic partners cannot file a claim.
However, there is an exception. If the surviving spouse, child, or parent chooses not to file a wrongful death claim within three months of the death, the administrator of your loved one’s estate can file a claim unless all surviving members who are entitled to file request otherwise.
Losing a loved one comes with a tremendous financial burden, including paying previous medical bills and arranging the funeral. You might also face difficulty if you relied on your loved one for financial support.
Our personal injury lawyers in Texas can help you claim the compensation you’re entitled to. This includes quantifiable damages such as lost inheritance and loss of income or earnings, and non-economic damages.
Non-economic damages compensate you for the loss of care, support, companionship, and love, as well as mental anguish and emotional distress.
Want to find out how much compensation you could be entitled to? Try our quick and easy personal injury calculator.
It might seem that after the death of a family member, you have so much to do that you can barely take the time to grieve. But if your loved one died because of someone else’s negligence, filing a wrongful death claim is well worth taking the time and should be a priority.
Consider doing the following:
1. Collect Evidence
To successfully claim compensation for wrongful death, you must prove that the at-fault party was negligent and that it caused your loved one’s death. While a wrongful death lawyer can help you gather evidence, beginning the process early will maximize your chance of success.
In truck accidents, for example, it’s not uncommon for driver logs and black box data to disappear during the claims process to reduce liability. Evidence comes in many forms, from police reports to medical records. If you don’t have these documents, try to get copies as quickly as possible. You might also have video footage or photographs of the accident scene or your loved one’s injuries. This can go a long way to proving who is at fault, so keep it safe. If in doubt, don’t throw it out. You might be tempted to trash a small slip of paper containing a person’s name and contact information, but if that person is a vital witness to the accident, your lawyer will want to speak with them, and their testimony could make a huge difference to the outcome of your claim.
2. Document Your Expenses
Losing a loved one often results in considerable expenses. You might have paid for the time your loved one spent in the hospital before their death or for emergency healthcare. You might have even paid for the funeral. Try to document your expenses and keep the receipts somewhere safe, as you can recover these costs from the person or party responsible for your loved one’s death.
3. Keep a Journal
Journaling how you feel can be a painful and emotional process, but it can also be cathartic, especially if you’re being a rock for your family. Keeping a journal can also help in your claim. Having evidence of how you have suffered since the passing of your loved one and how it impacts your day-to-day life — including your mental and financial state — can help you get the compensation you deserve.
4. Contact a Wrongful Death Lawyer
No amount of money can compensate you for the loss of a loved one, but it can ensure your family is looked after and provide some small comfort knowing you won’t struggle to recover financially.
Wrongful death claims are complex, but our compassionate and dedicated wrongful death lawyers in Texas understand how difficult this time is for you and focus on resolving your claim with as little stress as possible.
Every state has a statute of limitations for personal injury claims. This is the amount of time you have to bring a claim. If you do not file a claim within this time, you release liability from the at-fault party and cannot claim compensation. In Texas, the statute of limitations for wrongful death claims is two years from the date of your loved one’s death. This can seem like a long time, but two years can go by extremely fast.
However, as with any law, there are exceptions. For example, if you did not discover your loved one died because of someone else’s negligence until later, you may have additional time to file a lawsuit.
It’s always a good idea to speak to a wrongful death lawyer in Texas. Every claim is unique, and they will be able to advise you based on the specifics of your case.
Coping after a loved one’s death is heart-wrenching, but you don’t have to go it alone. Our dedicated wrongful death lawyers in McAllen and San Antonio can help you:
Our sensitive and caring wrongful death lawyers have the knowledge and experience needed to help you secure justice and financial support after your loss. Get in touch with the Law Ninja at Patino Law Firm by calling 855-LAW-NINJA or filling in our contact form to see if you can claim.
For a free case evaluation with one of our compassionate Texas Wrongful Death Lawyers, call us today at 855-LAW-NINJA or send us a confidential message through our contact page.
We’ll do our best to help you and your family through this difficult time.
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