Diaz Law Firm

Wrongful Death and Survival Claims Attorneys in Texas

Top Texas Wrongful Death and Survival Claims Attorneys

Mourning the death of a beloved family member can be one of the most painful and stressing situations in somebody’s life. And the experience can be even harder if the loss was the result of someone else’s negligence. Losing a loved one is hard and you may feel the need to seek some form of justice.

Accidents can take many forms and they can be caused by reckless businesses or individuals that fail to take the safety of others into account. Such incidents generally include slip and falls, medical malpractice, car and truck accidents, or even accidents caused by defective consumer products just to mention a few of them.

Fortunately, Texas law allows survivors to obtain significant financial compensation for lost income, pain and suffering, loss of companionship, to pay for any medical expenses and any other losses they may have sustained from the responsible party. After an unexpected death of a loved one, there are two different lawsuits that the surviving family members can file: Wrongful Death claims and Survival actions.

Relying on a compassionate and experienced wrongful death and survival claims attorney in Texas can help you understand which legal alternative is the most convenient for you and your family and navigate the legal process as easy as possible.

At Manuel Diaz Law Firm we know that if your loved one passed away after a car accident, a slip and fall, a workplace incident, or a construction accident, negligence may have played a role and you are eligible for compensation. You can contact us in our offices in Dallas, San Antonio, Fort Worth, or Denton and one of our top wrongful death attorneys will help you with your case.

Wrongful Death and Survival Actions can be confusing

Wrongful death and survival actions are two completely separate types of legal recourse for the negligence-related death of a loved one. A family may be entitled to file both types of actions in Texas. However, it is important to understand the difference between these two actions so that you are aware of what to expect during proceedings.

Wrongful death claims can be pursued for the damage done to specifically defined relatives as a result of causing their loved one’s death. A survival action is a lawsuit brought to recover the personal injury damages of a person who passed away in conjunction with or subsequent to his or her injuries. The right to bring a survival action is created by statute and given to a defined set of people.

A major difference between a wrongful death action and a survival action is that the former damages usually go directly to the spouses, children, and parents and not to the estate of the deceased. They can file suit for mental anguish and pain, financial losses, and loss of benefits or inheritance.

In survival actions, the heirs can pursue this type of legal action before the victim even dies. Thus, damages can be recovered for medical bills and lost income and put into the estate of the deceased to be divided among all the beneficiaries, including siblings and grandparents.

There are also compensation differences. In Texas, a wrongful death claim can include compensation for:

  • Damages for funeral and burial costs
  • Psychological treatment
  • Loss of consortium
  • Loss of the person’s services
  • Loss of inheritance
  • Mental pain and anguish
  • Loss of advice and counsel
  • And even punitive damages
For a survival action, compensation generally includes damages for:
  • Lost income
  • Property damages
  • Medical bills

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Examples of Common Federal Crimes:

Wrongful Death and Survival Actions Require a Special Legal Defense

Winning your wrongful death and survival actions case in Texas

Whether you pursue wrongful death and/or survival actions, both of them are complex. There are statutes of limitations to bear in mind and understanding the ins and outs of these legal procedures is not easy. The death of a loved one is traumatic and emotionally exhausting and everything seems worse if somebody else’s negligence is responsible for the loss. Fortunately, under Texas law, you can hold them accountable for your loss and seek compensation.

At Manuel Diaz Law Firm our team of expert attorneys in wrongful death and survival actions has the experience and know-how to make sure you get what you deserve. We have a solid track record of successful personal injury cases.

Our competent personal injury attorneys in Texas are eager and ready to learn more about how they can help you and your family. Give us a call or send us an email today and get an initial free consultation at our offices in Dallas, Fort Worth, San Antonio, or Denton. Find out why so many Texas residents rely on our expertise when it comes to seeking the compensation they deserve.

Why Choose Manuel Diaz Law Firm For Your Wrongful Death Case?

Experience and Resources You Can Trust

At Manuel Diaz Law Firm, our team has obtained million-dollar settlements and successfully tried hundreds of cases around Texas. In the same manner, we have a team of lawyers and legal experts ready to handle your case. Rest assured that we will use our decades of experience and different legal strategies to fight for your rights and obtain you the greatest compensation possible.

Respectful and Timely Communication

At Manuel Diaz Law Firm we have strict communication policies like 24/7 phone service, next day returned phone calls and immediate action in your case. When you work with us, we’ll make sure you know what the next steps are, what to expect, and what you can do to help things move along smoothly.

Respect and Support

As your attorneys, our goal is to be able to get you back to normality after an accident. It is no easy task, but and we are here to guide you and support you throughout the process. We place considerable emphasis on communication, evidence gathering, strong negotiation and if necessary we are not afraid to go to trial. In many cases, this level of preparedness prompts the insurance companies to offer a good resolution that is worth considering, if this is not something you feel it’s fair, we’ll keep fighting until you get the compensation you deserve.

Effective and Tailored Legal Strategies.

Sometimes force needs to be met with force. Insurance companies are notorious for “bullying” plaintiffs into taking unfavorable settlements. Don’t let the insurance companies push you around. Hire our firm and we’ll fight aggressively, yet professionally, keeping the pressure on the insurance companies and finding unique opportunities to poke holes in their case. After years of experience, thousands of cases won and millions recovered for our clients, we know what it takes to win!

Personal Injury FAQ

First and foremost, ensure that everyone is safe and call for medical attention if necessary.
  • Report the accident so a police officer can make an official report and investigation.
  • Take the other person’s information. This includes name, address, insurance policy information, vehicle information and phone number.
  • Take pictures of the accident scene and injuries (if possible). This is important to help establish responsibility of the accident and injuries.
  • Never sign any documents you don’t understand. Remember insurance policies are not on your side and they will try to settle your case with the least amount possible. If they ask you to sign any documents accepting any offer, this will waive your right of getting your medical bills paid and the compensation you deserve.
  • Do not admit fault if you are unsure who caused the accident. Contact us immediately at 855-900-3429. Our consultation is FREE and if we don’t win, we don’t charge you!
You should never provide a recorded statement of facts to anyone, especially the insurance companies. They will almost always use your recorded statement against you to deny liability and monetary recovery. You should always talk to your attorney prior to giving any statement to the insurance companies and have your attorney present during the recorded statement. Most importantly, don’t provide statements of fault to anyone.
As a passenger you have the right to make a claim against any negligent driver. This may be the driver of the car you were riding or the other driver. Either of those claims would be filed against the negligent driver’s auto insurance. In the event that there isn’t enough insurance to cover for your injuries or there is no coverage, you have the option to make the claim under your insurance’s Uninsured/Underinsured Motorist Coverage (UM/UIM).
We represent clients on a contingent fee agreement for personal injury matters. This means that you don’t have to pay anything upfront and our initial consultation is completely free. Attorney fees are collected only if there is a recovery in the case. If the case is won, the attorney fees will come out of the amount recovered. Most importantly, we don’t get paid if we don’t win.
As a victim of personal injury in Texas, you may be eligible to file suit for compensation to help you recover and return to your normal life. Personal injuries can be extensive, requiring substantial care, treatment and rehabilitation. Medical bills and lost wages can quickly put families in financial ruin. We’re here to make sure that doesn’t happen, and we only get paid and charge you for services at such time as you win a settlement or your case in court. Our results-oriented Texas personal injury attorneys work to get you maximum compensation for but not limited to the following:
  • Lost wages
  • Lost future earning potential
  • Medical expenses
  • Pain and suffering
  • Punitive damages
  • Mental anguish
  • Property damage
  • Loss of companionship
  • Reduced quality of life
If you have questions about what types of compensation you may be owed or deserve as a result of your accident, don’t hesitate to reach out. Our team is standing by and ready to get you the answers you need.
Personal injury cases handled in Texas are governed by the Civil Practice and Remedies Code. This Code provides guidance and rules regarding how the court will define and determine damages, liability, negligence, statutes of limitation, duties of care, recovery and more.

The Shared Fault Rule in Texas is a comparative negligence rule that determines proportionate responsibility. In short, each party may be responsible “in part” for the accident and subsequent damages and injuries. As such, liability for damages can be designated that are proportionate to the level of fault a party is responsible for.

This rule allows you to potentially collect compensation even if you were partially at fault for the accident. However, Texas adheres to a 51% bar rule, meaning that you are ineligible to collect damages for those injuries which you were 51% or more responsible for.

Our law firm knows what is needed to prove fault and get you maximum compensation. We gather the evidence needed to position your case and argument in the best possible light, ensuring the truth is presented in court.

Call or message today to find out how strong of a case you have against liable third parties.

No. Do not accept any settlement on behalf of an insurance adjuster without consulting with an attorney. Adjusters are paid to settle the cases for as little as possible and as quickly as possible. After an accident, the third party insurance adjuster will try to contact you and convince you to accept their minimum offer. Please don’t fall for this. If someone asks you to sign any documents you don’t fully understand, you might be signing away all your legal rights to recover the settlement you deserve.
This depends on how you handled the situation after the car accident. Texas has a statute of limitations for filing personal injury claims and there are certain requirements that need to be met. If you didn’t seek medical attention or failed to report the incident to the police or your supervisor after the accident, your case may be weakened. Calls us immediately to evaluate your case.
Your health is the most important thing. You should ask for immediate medical attention if necessary. After a doctor determines you are out of danger you should do the following:
  • Report the incident to your supervisor- this is highly important because your employer might deny the accident occurred during work and claim it happened outside of work.
  • Seek for medical attention- a physician needs to make an evaluation and recommend a treatment plan.
  • Call us- you need an experienced attorney by your side.

Our Service Areas

We proudly serve the greater communities of Dallas, Fort Worth, San Antonio, and Denton

Free Consultation with a Leading Wrongful Death Lawyer

You need a seasoned Texas-based wrongful death lawyer with the grit and determination to help you win your case. Our trial attorneys are talented, experienced, and passionate about exonerating our clients.

Put our years of experience and demonstrated track record of results to work for you. Call or message today for a free initial consultation.

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