Fort Worth Wrongful Death Lawyer

What is Wrongful Death?

When the negligence of a person or entity causes the death of another person, surviving loved ones can take legal action, filing a wrongful death lawsuit. A wrongful death claim is brought by the deceased person’s surviving spouse, children, and parents for their losses stemming from the death. A survival claim is essentially the personal injury claim that survives the individual’s death and compensates the estate for damages the decedent would have been able to recover had he survived. The burden of proof lies with the plaintiff to show the following in  lawsuit utilizing a Fort Worth wrongful death lawyer:

• A duty of care existed. This means the defendant had a duty of care regarding the well-being of the decedent. As an example, drivers have a duty of care to other drivers to follow all traffic laws and rules, and to drive carefully and safely.
• The defendant breached the duty of care by acting irresponsibly or carelessly.
• Not only was the duty of care breached, but that breach was responsible for the victim’s death.
• The breach of duty led to measurable damages for the family members of the decedent. Measurable damages include survivors who are left in financial ruin due to the death of the family’s primary provider.

Intentional wrongful deaths generally occur when acts of violence take place—i.e., a robbery leads to the death of a person. During such a difficult time, it can be extremely beneficial to speak to an experienced Fort Worth wrongful death attorney from Noteboom—The Law Firm. Our attorneys will immediately contact the insurance company of the defendant so they will deal with us directly.

We will file a lawsuit on your behalf and begin the process, skillfully negotiating a fair settlement, or aggressively litigating your claim in court. We will thoroughly answer your questions, ensuring you understand what to expect from the process. We are proud of our track record regarding wrongful death claims. This is why we tell potential clients if they can find another firm with more impressive credentials, they should hire them.

FAQ: What Are Some Common Issues in A Texas Wrongful Death Case?

What Are Some of the Situations That Can Result in a Wrongful Death?

Just as auto accidents are the primary cause of personal injury claims, they are also one of the top situations that can result in a wrongful death claim. Auto accidents include car, truck, motorcycle, bicycle, and pedestrian accidents. Other types of wrongful death claims include the following:

• Medical malpractice—when a medical professional fails to act in the same manner another medical professional would have done given the same circumstances, wrongful death may occur.
• Dangerous or defective products—Many wrongful deaths are caused by consumer products that are poorly or defectively designed, manufactured, distributed, or sold. Those who design, manufacture, distribute and sell consumer products must ensure they are safe for use—particularly when it involves products marketed for babies or children.
• Work-related accidents—Injuries at work can result in wrongful death, particularly on construction sites, or workplaces that use machinery or heavy equipment. Illnesses that result from an unsafe work environment can also be responsible for wrongful death.
• Criminal acts—When a life ends due to the malice of another during a criminal act, a wrongful death claim may be filed.

Who Can File a Fort Worth Wrongful Death Claim?

Each state determines who can file a wrongful death claim. In the state of Texas, the following people can file a wrongful death claim:

• A surviving child of the decedent, including a legally adopted child
• The surviving spouse of the decedent
• A surviving parent—including an adoptive parent—of the decedent
• The personal representative of the decedent’s estate
• A parent can file a wrongful death claim on behalf of a minor child

In the state of Texas, family members can specifically request that a wrongful death claim not be filed. If qualified family members do not make such a request—and do not file their own claim within three months of the death—the right to file such a claim goes to the representative of the decedent’s estate. Any compensation, however, still goes to family members or heirs of the decedent or becomes a part of the decedent’s estate.

The statute of limitations in the state of Texas for filing a wrongful death claim is two years from the time of the death, barring certain unusual circumstances. The damages that can be claimed in a Fort Worth wrongful death may include the following:

• Lost household support for surviving family members
• Funeral expenses
• Loss of love, comfort, care, and counsel
• Inheritance loss
• Loss of guidance for children of the decease
• Spousal loss of companionship
• Pain, suffering, emotional anguish, and mental anguish
• Loss of income the decedent brought into the home, particularly if the decedent was the primary wage-earner
• Punitive damages – designed to punish the at-fault party and deter others from doing the same

How Long Can a Fort Worth Wrongful Death Lawsuit Take?

The length of time your Fort Worth wrongful death claim takes could vary greatly, depending on the circumstances and facts surrounding your claim. If liability is clear, it should not take as long to reach a settlement. If liability is not clear, you can expect the insurance company to aggressively defend the case. This means your attorney from Noteboom—The Law Firm, will work to prove liability through the use of highly experienced attorneys, an in-house investigator, and scores of expert witnesses who will help build your case.

Once liability has been clearly shown, the length of time will vary according to the complexity of the claim. Generally speaking, a wrongful death claim can reach a settlement in six months or so if it does not go to court. Wrongful death claims that go to court can take much longer, even a year or more. Even if your wrongful death claim is slated for a trial, it could still settle at any time up until the jury or judge reaches a verdict.

The vast majority of claims do settle outside of a trial, so it is highly likely that yours will as well. Whether your attorney negotiates a wrongful death settlement, or the amount is determined by a judge or jury, you should receive your settlement check within approximately six weeks. Having a knowledgeable attorney from Noteboom—The Law Firm ensures your wrongful death claim will be handled professionally to achieve a positive outcome.

How a Fort Worth Wrongful Death Lawyer Near You Can Help: Contact Noteboom.

The Noteboom attorneys have been helping people just like you since 1977. When you hire a Fort Worth wrongful death lawyer from Noteboom, you have taken the most important step you can take in receiving an equitable wrongful death settlement. Of course, no amount of money can bring back your loved one. We will take the burden of filing a wrongful death claim from your shoulders, allowing you time to deal with your loss.

The Noteboom legal team takes a collaborative approach to wrongful death claims—an approach that consistently yields favorable results for our clients. You simply don’t want to leave your financial future to an inexperienced attorney following your tragic loss. Our firm has the ability to front all the necessary expenses while fighting for your future. Contact Noteboom—The Law Firm today for highly-skilled legal representation for wrongful death claims.

Related Link

• Who Should I Consider Suing in A Texas Wrongful Death Case?
• What Will a Wrongful Death Case in Texas Looks Like?