The death of a loved one always feels tragic and wrong to loved ones left behind, but according to the civil courts, a death is wrongful if it was preventable and only occurred due to someone else’s negligence, reckless behavior, or purposeful wrongdoing. If the injury victim could have filed a personal injury claim for damages if they’d survived their injuries, then the surviving family members may file a wrongful death claim. While a successful claim cannot bring the lost family member back or erase the grief and anguish, it provides relief for the financial hardship associated with the death and achieves a sense of justice for grieving family members.
If your loved one died from injuries caused by someone else’s actions or negligent inaction, contact the Frisco wrongful death attorneys at Carew Garcia Bohuslav, PLLC, today for a confidential consultation so we can hear about your lost loved one and begin strategizing the best way forward for your Texas wrongful death claim.
At Carew Garcia Bohuslav Law, we have deep compassion for those who’ve lost loved ones wrongfully. When someone else’s actions caused an irreplaceable loss, surviving loved ones may find anger mixing with their grief. Taking on the legal system feels overwhelming when close loved ones are trying to focus on their family’s loss. Our legal team is ready to navigate a Texas wrongful death claim on your behalf while you help your family members through their grief. The Frisco wrongful death lawyers will benefit your wrongful death claim in Frisco by doing the following:
We have a resolution-oriented approach to settling matters out of court through strong, evidence-based negotiations with the insurance company of the at-fault party; however, we are also experienced trial attorneys who are more than ready to take the matter to court if required to secure the largest possible amount of compensation for your family.
Texas limits wrongful death claims to immediate family members who suffer financial consequences from the death. This limit prevents distant relatives from profiting off a family member’s death when the death didn’t cause them financial damages. “Damages” in personal injury and wrongful death claims refer to all of the consequences of the injury. In Texas, the following individuals may file a wrongful death claim:
If any of the above family members don’t file a claim within 3 months, a family representative or the executor of the deceased person’s will or estate plan may file on behalf of the family. In this case, the compensation goes directly to the victim’s estate and then passes to the beneficiary named in the decedent’s will or by the state’s intestacy laws.
In order to secure a wrongful death settlement in Texas, it’s necessary to prove the at-fault party’s liability through a preponderance of the evidence. We all owe a general duty to take reasonable measures to avoid causing injury or death to others. To prove liability, your Frisco wrongful death lawyer will demonstrate the following legal points:
When a person or business is found liable for damages, the compensation typically comes from the appropriate insurance policy of the at-fault party. For instance, an auto insurance policy after a car accident or a property owner’s liability insurance after a slip-and-fall accident or dog attack that results in death.
A Texas wrongful death attorney in Frisco can help secure a surviving family member compensation for the following after their loved one’s wrongful death:
The compensation a family member claims in a wrongful death lawsuit can help relieve stressful financial burdens so family members can begin to move forward.
Texas places a time limit on how long after a victim’s death the family members or representative may file a wrongful death claim. This helps ensure that evidence remains available if the case goes to court. A decedent’s loved one has up to two years to file a wrongful death claim in Frisco. Though most claims of this type are settled out of court through an attorney’s negotiations with the insurance company, your Frisco wrongful death attorney from Carew Garcia Bohuslav, PLLC, will ensure that your lawsuit goes before a judge and jury within that time limit if it becomes necessary.
When a wrongful death lawyer takes on the complex personal injury system in Texas, it leaves family members free to focus on their loss with fewer legal and financial concerns. Because we offer free consultations and contingency-based payment we only take our fee after we secure your compensation—and we always strive to obtain the highest possible amount for your claim.
Call the compassionate attorneys at Carew Garcia Bohuslav today to take the first positive step forward from your loss and grief. Your lost loved one’s memory deserves to be treated with dignity and respect while their family receives the justice and financial compensation the lost family member would wish for them.