Was your loved one's death caused by the negligence of another?
Waxahachie Wrongful Death Lawyer
A wrongful death lawsuit is different from other types of personal injury claims because the actual victim is not bringing the suit, rather it is the family members or the decedent’s estate. A wrongful death claim/lawsuit is brought to recover damages for the injuries the surviving family and/or estate has suffered due to the death of a loved one.
Our Waxahachie wrongful death lawyers in Texas focus on reducing financial stress for surviving relatives of those who have died due to the negligence of others. Our wrongful death attorneys and personal injury attorneys have successfully represented families throughout Texas. If your family has experienced the tragedy of wrongful death, please call the personal injury lawyers at Clay Jenkins & Associates.
What is Wrongful Death?
Texas Civil Practice and Remedies Code § 71.002(b) defines wrongful death as an injury that results in death caused by someone acting negligent, careless, unskillful, or by default.
You can file a wrongful death claim after many fatal accidents, such as car crashes, medical malpractice, or construction accidents.
How Can You Prove Wrongful Death?
You must prove negligence before you can hold someone liable for your wrongful death damages. Negligence consists of four elements:
- Duty of care: A requirement that a person acts towards others with the standard of care that a reasonable person in a similar situation would use.
- Breach of duty: A person’s conduct fails to meet the standard of care.
- Causation: The actions of the defendant caused the victim’s injuries.
- Damages: The victim and/or their loved ones suffered different losses resulting from the accident.
Damages You Could Recover in a Wrongful Death Lawsuit
After a loved one dies, your family may accumulate various expenses. The attorneys at our firm want you to be compensated for the damages your family had to deal with after your loved one passed away. The compensation you could recover in a wrongful death claim includes:
- Medical costs: You can claim any medical costs associated with your loved one’s end-of-life care. These expenses can include the ambulance ride, emergency room bills, hospitalizations, or surgery costs that accrued to treat the injuries from the accident.
- Funeral and burial costs: The cost of a funeral can be an unexpected expense when a loved one passes away suddenly. Keep documentation of any out-of-pocket expenses to include in your claim.
- Loss of future earnings: The decedent’s future income can be recovered in a wrongful death claim. A Waxahachie wrongful death lawyer from our firm will calculate this loss to determine the value of lost future income.
- Loss of consortium: If you are now deprived of the benefits of a relationship, you can include the loss of consortium in your claim.
An attorney from our firm will help you determine what damages you could recover in your wrongful death claim.
Clay Jenkins & Associates Is Ready to Serve You and Your Family
The attorneys at our firm believe each case deserves personalized attention. Other benefits of choosing our law firm include:
- Each potential client can meet at no cost for a consultation where we will review your case and answer any questions you have.
- Your lawyer will gather evidence to identify the liable party and prove your family’s damages. Once they evaluate your losses, they will request a settlement from the insurer and negotiate with them until they reach a fair conclusion.
- We work on a contingency-fee basis, so you do not pay for our services unless we recover compensation for your losses. We know our clients may be under financial stress and do not want to add any more.
There is no obligation after speaking with us for a consultation. We want you to know your legal options after the death of a loved one. Our attorneys will provide you with legal advice and handle any paperwork needed.
Contact Clay Jenkins & Associates Today for a Free Consultation
Texas law provides that you may recover damages to the extent a jury finds it fair and just in relation to the injury that resulted from the decedent’s death. Texas Civil Practice and Remedies Code § 16.003 states you generally have two years from the date of death to file a lawsuit.
Contact us now to learn your rights after a wrongful death.