Temple Wrongful Death Attorney
Let Our Firm Help You During This Difficult Time
When a loved one dies due to the negligence or wrongdoing of another person or company, you and your family are left with many unanswered questions and a world of grief. You may wonder how you will go on without your loved one, and you may worry about how you will provide for your family's future.
At Law Offices of Vic Feazell, P.C., we know how difficult this time is for you and your family. Our Temple wrongful death lawyer is here to help you understand your rights and make informed decisions about your loved one's passing.
What is Wrongful Death?
Wrongful death in Texas refers to a situation where a person's death is caused by the negligence, recklessness, or intentional misconduct of another party. This can include individuals, companies, organizations, or government entities. Wrongful death claims are typically brought by the surviving family members or the legal representatives of the deceased person.
In Texas, the following elements are generally required to establish a wrongful death claim:
- Duty of Care: The defendant (the party being accused) owed a duty of care to the deceased person. This means they had a legal obligation to act reasonably to prevent harm.
- Breach of Duty: The defendant breached their duty of care by acting negligently, recklessly, or intentionally, leading to the death of the individual.
- Causation: The defendant's breach of duty was a direct cause of the person's death.
- Damages: The surviving family members or the estate of the deceased person suffered financial, emotional, or other types of damages as a result of the death.
Who Is Eligible to File a Wrongful Death Lawsuit?
In Texas, a wrongful death lawsuit is a civil lawsuit. This means that it is separate from any criminal charges that might be filed against the person or company that caused your loved one's death. A civil trial is held in a civil courtroom, not a criminal one.
In Texas, specific individuals are typically allowed to bring forth a wrongful death claim, including:
- The surviving spouse
- Children (including adopted and adult children)
- Parents of the deceased (if there is no surviving spouse or children)
- Legal representatives of the deceased person's estate
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the family of the deceased can sue the person or company that caused their loved one's death for damages. Damages are used to compensate the family for their loss. The damages that can be recovered in a wrongful death lawsuit vary based on the unique circumstances of each case.
Damages that can be recovered in a wrongful death lawsuit include:
- Funeral and burial expenses
- Lost wages
- Loss of household services
- Loss of companionship
- Loss of inheritance
- Pain and suffering
- Loss of consortium
- Loss of future earnings
- Loss of future child services
- Loss of future child support
In some cases, a family may even be able to recover punitive damages. Punitive damages are awarded in cases where a company or person acted with malice or reckless disregard for the safety of others. Punitive damages are meant to punish the wrongdoer and prevent them from committing the same act in the future.
An experienced Temple wrongful death lawyer can help you file your lawsuit as soon as possible. We know how to investigate your case and gather evidence that can be used to prove your claim. We can also help you navigate the legal system and work towards a favorable outcome.
How Does an Attorney Help with a Wrongful Death Lawsuit?
Filing a wrongful death lawsuit is just the first step in a long legal process. Our firm can help you navigate the rest of this process and work to ensure the best possible outcome for your case. We can file the paperwork necessary to initiate a lawsuit on your behalf, gather evidence, and negotiate with the defense to arrive at a settlement that is fair for both parties.
Our Temple wrongful death lawyer will be by your side every step of the way, fighting to recover the maximum compensation for your loss. Do not hesitate to let us hold the at-fault party accountable for their actions and help you during this difficult time.
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