Fort Worth Wrongful Death Lawyers
We Have Recovered Millions for Our Clients
Any accident can be a traumatizing experience, but when these accidents result in the death of a loved one, it is life-altering. At the Law Office of James M. Stanley, our Fort Worth wrongful death lawyers understand the pain you and your family may be experiencing after a wrongful death accident, and we aim to help you. We understand that nothing we do can bring back your loved one, but with so much already on your mind, you shouldn't have to endure a financial burden as well.
How Can a Wrongful Death Attorney Help Your Family?
Wrongful death is defined as the loss of an individual due to a negligence-related accident. When this occurs, the family of the victim can seek compensation for damages and costs incurred. Our lawyers work with you to file a wrongful death claim against the reckless party and his or her insurance company. We can help you conduct exhaustive investigations and build a strong case to prove the liable party's negligence in your loved one's accident.
The surviving family members can be compensated for:
- Lost income if the deceased was the primary supporter
- Medical bills prior to the victim passing
- Funeral costs
- Lost care, maintenance, and support
- Pain and suffering
- Lost companionship
Discuss the details of your loved one's accident in a free consultation at (817) 591-4222.
Who Can File a Wrongful Death Claim in Texas?
The surviving spouse, children, and parents of the deceased may file a wrongful death claim in Texas. These parties may file individually or jointly. After three months of the victim's death, if none of these parties have filed a wrongful death claim, the representative or executor of the estate may file a claim unless a surviving family member objects.
Legally adopted children may file wrongful death claims for the death of an adoptive parent, though they may not file a claim for the death of a biological parent. Adoptive parents may likewise file wrongful death claims in the event of the death of their legally adopted child. Siblings are the only parties who may not file wrongful death claims in Texas, whether they are biological siblings or adopted.
If we are unable to obtain a recovery, then you owe us nothing. Our contingency fees make high-quality counsel possible for every family.
Who Can Collect Damages?
According to Texas, any damages recovered in a wrongful death case is distributed among the surviving family members and estate of the deceased. How much is paid out to each family member is typically decided by the court and is based on how much each individual has suffered as a result of the deceased’s passing. There are many damages that can be pursued, including:
- Lost earning potential
- Lose of support or companionship
- Mental and emotional anguish
Texas law allows for some claimants to pursue exemplary damages, also called punitive damages, depending on the specifics of your case. Exemplary damages differ from the above damages in that their main purpose is the punish the negligent party rather than compensate the bereaved.
How Long Do I Have to File a Wrongful Death Claim?
According to Texas law, the statute of limitations to file a wrongful death claim is two years from the date of the deceased’s passing. This means that if you do not file a claim within two years you will most likely lose your right to recover compensation. However, exceptions to the statute of limitations do exist that can change the amount of time you have to file. Contact the Law Office of James M. Stanley today to discuss the specifics of your case.
Get Started With a Free Consultation Today
At the Law Office of James M. Stanley, we are compassionate towards your family's loss. Our Fort Worth wrongful death lawyers know that this is a sensitive situation, and we aim to help you ease through it so your family doesn't have to endure any further hardships. In our 35+ years of experience, we have helped thousands of clients in a wide array of personal injury cases, including wrongful death. We know what is needed in order to handle the insurance company in negotiations, but we are also skilled and prepared to go to trial if need be.