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
- Lost income
- Property damages
- Medical bills
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?
Personal Injury FAQ
- 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!
- Lost wages
- Lost future earning potential
- Medical expenses
- Pain and suffering
- Punitive damages
- Mental anguish
- Property damage
- Loss of companionship
- Reduced quality of life
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.
- 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.