Wrongful Death Lawyer
Losing a loved one is never easy, especially when you are losing your loved one due to somebody else’s negligence, rather than old age or natural causes. You and your family are going to struggle emotionally and may struggle financially. It may not be easy to win a wrongful death case, either, especially not by yourself. Because of this, you might need to hire a wrongful death lawyer in Arlington, TX to help you get justice.
So let’s talk about the when and why of it, when you should hire a wrongful death lawyer in Arlington, TX and why you should hire a wrongful death lawyer in Arlington, TX.
The first question that you may have to ask yourself is: what are the laws surrounding wrongful death in Texas? The lawyers at Brandy Austin Law Firm PLLC can help answer this question with certainty. A wrongful death occurs when somebody is the direct cause of the person’s demise, via their own negligence or intentional actions.
Texas Statutes section 71.001 states that an action for wrongful death may be brought to the courts if “the wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the conditions under which the other party dies. The children, spouse or parents of the decedent may file the wrongful death lawsuit. They may also file jointly, or individually. Should the decedent’s family not file a wrongful death lawsuit within three months of the death, the manager of the estate may file the claim instead; barring a family member requesting the wrongful death claim is not filed.
Furthermore, in Texas, an adult child may file a wrongful death claim on their parents, or adoptive parents may file a claim on their adopted child should the child die under negligence circumstances. An adopted child may also file a claim involving their adoptive parent, if they were fully and legally adopted. However, a child who is adopted may not file a claim on their biological parents.
Texas does not allow for surviving siblings to file a wrongful death claim for the loss of a brother or sister, whether they are biological or adopted.
There is a statute of limitations on wrongful death cases, and you must file your claim and suit within this statute. In Texas this limitation is two years from the date of the victim’s death, though there are some limited exceptions that may allow you to file a claim at a later date once the two years have run out.
Your wrongful death lawyer is going to understand the legal process far better than you could. Lawyers that specialize in wrongful death cases are going to have a detailed knowledge of the processes that are involved in these claims. Your lawyer is more or less an expert at what they do. They will know Texas laws surrounding wrongful death claims, and will be able to ensure all paperwork is filled out and submitted at the correct time.