A loved one’s death always feels wrong to family members left behind, but when the death was preventable if only someone else had taken reasonable care, it’s even more devastating. A death caused by someone else’s negligence or wrongdoing is also considered by law as a wrongful death, giving a close family member the right to file a wrongful death lawsuit.
If your loved one died a preventable death caused by someone else, reach out to the Addison wrongful death attorneys at GreeningLaw, P.C. to learn about your family’s rights to compensation and justice.
Why Choose GreeningLaw for Your Family’s Wrongful Death Claim In Addison?
GreeningLaw is a Texas law firm dedicated to compassionate legal advocacy with a commitment to integrity, professionalism, and open communication with our clients. With the Addison personal injury attorneys at GreeningLaw on your side, you’ll have the following advantages:
- A results-oriented approach that includes trial readiness while always seeking a low-conflict resolution through an ample settlement
- Attorney Robert Greening has over 40 years of legal experience with a reputation for success that lends a well-respected voice to your case
- Representation by a renowned Texas attorney with an AV Preeminent® rating from the prestigious Martindale-Hubbell publication and a “SuperLawyer” designation in Texas Monthly Magazine
With a free case consultation and no fees due unless and until your attorney recovers compensation for you, there is nothing to lose and everything to gain with experienced legal representation in your wrongful death case in Addison or the surrounding area.
What Are the Most Common Causes of Wrongful Death Cases In Addison?
As in other personal injury claims, a Texas wrongful death claim is centered on the legal premise that we all owe a duty of reasonable care to avoid causing harm to others in our orbit. For instance, a driver owes a duty of care to others on the road to follow traffic laws and avoid distractions which may cause an accident. An apartment building owner owes a duty of care to have adequate, well-maintained smoke detectors and fire escapes. The most common causes of wrongful death cases in Texas include the following:
- Car accidents
- Commercial truck accidents
- Impaired driving
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
- Property owner negligence
- Workplace injuries
- Defective products
- Medical malpractice
- Nursing home neglect and abuse
- Assaults and acts of violence
When someone breaches their legal duty of care and the result is injury or death, a close family member may recover compensation for their emotional and economic losses.
Who Can File a Wrongful Death Claim In Addison?
The wrongful death laws in Texas under Civil Practice and Remedies Code Sec. 71.004, state the following:
“An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.
- The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.
- If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”
Some states allow grandparents or siblings of the deceased to bring a wrongful death case, but Texas restricts claims to the immediate family or a personal representative named in a will or by the court for those who die without a will.
What Can I Recover In a Texas Wrongful Death Claim?
A sudden preventable death is not only emotionally devastating for families, but it often comes with substantial impacts on the family’s financial well-being, especially if the decedent was a family provider or provided crucial services in the home, such as caring for small children or providing maintenance, farmwork, or repairs. A successful wrongful death claim against the at-fault party brings compensation for damages such as the following:
- Reimbursement for medical expenses if the decedent required care before their death
- Reimbursement for a family member’s lost earnings if they required time away from work to deal with the emergency and death
- Funeral and burial costs
- Compensation for lost earnings and benefits like health insurance and retirement contributions for the working years the decedent would have had left to them had they not perished
- Compensation for loss of household service
- Compensation for emotional damages like grief and anguish, loss of a spouse’s consortium and companionship, the loss of a parent’s emotional support and guidance, or the loss of a child’s love and lifelong support
An experienced wrongful death lawyer will carefully calculate past, present, and future damages associated with the death to ensure that the claimant recovers the maximum compensation available to them.
How Can a Texas Wrongful Death Lawyer Help Me With My Wrongful Death Case In Addison?
Wrongful death claims are typically settled by a direct claim against the appropriate insurance policy, for instance, auto insurance after a fatal car accident, or malpractice insurance after a medical malpractice death. Unfortunately, insurance companies prioritize their profits over paying out fairly on claims, even if they sound compassionate on the phone. By hiring a wrongful death lawyer, your attorney will do the following:
- Manage your case by communicating with the insurance company and protecting your family against the common tactics these companies use to protect profits at your expense
- Conduct an independent investigation into all aspects of the death by examining evidence, speaking to eyewitnesses, reading police reports, medical reports, and the medical examiner’s report
- Document compelling evidence of the at-fault party’s fault and liability for the death
- Carefully calculate the full extent of the economic and emotional damages your family faces
- Present their findings to the insurance company in a detailed demand package
- Negotiate with the insurance company to obtain the highest possible settlement, or
- Files a lawsuit petition within the state’s two-year statute of limitations for wrongful death claims
Most wrongful death claims end with a settlement from the at-fault party’s insurance company, but a minority of cases require litigation in court when an insurance company undervalues or wrongfully denies the claim.
Contact the Addison, Texas Wrongful Death Lawyers at GreeningLaw
Instead of leaving your claim in the hands of an insurance adjuster whose job is to protect the company’s profits at your expense, you deserve an assertive legal advocate at your side to bring your case the full and fair compensation and sense of justice your family deserves. Call GreeningLaw today so your attorney can begin working on a strategy for prompt action in your case.