WRONGFUL DEATH

GARLAND WRONGFUL DEATH LAWYER

WRONGFUL DEATH CLAIMS ATTORNEY GARLAND

A wrongful death action can be filed if a person is killed due to negligence or wrongful conduct of a person or several persons, by the heirs or other beneficiaries of the victim. It is an area under Tort Law and is governed by a statute, which gives right to the deceased person’s parent, children and spouse to seek compensation for the financial losses they have endured, as a consequence of the death. Aside from economic losses, the compensation includes support and loss of companionship that was given by the deceased when he was still alive. The lawsuit can also be filed by the administrator or executor of the deceased person’s estate. However, aunts, uncles and siblings are not qualified to do it.

The wrongful death statue of Texas is often used in combination with the survival statute, which gives right to the estate of the deceased to file a case for injuries the dead person could have filed, if he survived the ordeal. Basically, the estate of the deceased is standing in the dead person’s shoes regarding his legal rights. The statute is an exemption to the rule that all legal claims that a person may have are extinguished upon his death. It is in fact called a survival statute since the legal claim survives the death.

Elements of the Lawsuit

For a wrongful death lawsuit to be successful, there are some elements that must be proven. These are:

• A person died or was injured because of negligence or intent to harm
• The death or incapacity of the person resulted to economic loss to the survivors
• The victim was survived by his immediate family, like his spouse or children

Why should you have a Lawyer Immediately?

Filing the case has a deadline. In Texas, a plaintiff is allowed a two years from the date of the accident to file a case, which is the same as that of filing a personal injury lawsuit. However, although two years might seem to be a long time, you should seek competent counsel as soon as you can, since there are many exceptions to the statute of limitation for wrongful death. An example of such exception is when you cannot readily identify the cause of death of the victim, or the person to blame for it. If you have no way of knowing what have caused the death of your love one or who was responsible for it, the statute of limitation will not apply. Known as the “discovery rule”, you can file a lawsuit if you can prove that you did not know that your loved one died on a particular date because of negligence.

Having a lawyer by your side would allow you to go through the intricacies of the lawsuit. In Garland, the Goolsby Law Firm has been serving the legal needs of residents for over seventeen years, and therefore has the knowledge and experience to get you through the lawsuit successfully. A wrongful death lawyer from the firm will take care of all the necessary representations for you, so that you can deal with your personal issues. You can set up a free initial consultation with them with one call. The personal injury attorneys from the firm work on contingent fee so you do not have to pay them anything until they recover your claims.

The Goolsby Law Firm – Protecting Your Rights
(972) 394-2141