Fort Worth Wrongful Death Attorney
Dallas Wrongful Death Lawyer

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As a Texas medical doctor and Personal Injury attorney, I am providing this information and commentary.

What is a Wrongful Death Lawsuit?
A wrongful death lawsuit alleges that the victim was killed as a result of negligence on the part of the person or business entity being sued, and that the victim’s survivors are entitled to monetary damages as a result of the negligent act and improper conduct.

This type of legal civil claim is different from a normal negligence lawsuit, which is filed by the person injured for the resultant damages. Originally under “common law” (the general legal principles or judge made law, passed from England to the United States over many years), a wrongful death claim did not exist based upon the legal reasoning that the claim died or was extinguished with the victim where there was no way to compensate him for damages. The surviving family members then could not claim damages from the person who caused the victim's death. This was an injustice for the dead victim's family and a legal loop hole.

Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.

The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. But, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action.

Wrongful death is also the only recourse available when a company, not an individual, causes the death of a person; for example, historically, families have tried to sue tobacco companies for wrongful deaths of their customers.

The states have passed wrongful death laws or passed statutes that provide compensation for persons who may have been damaged from the death of the victim as well as an incentive to act carefully and safely. Today, all 50 states have some form of wrongful death claim action or statute in force.

Although the States “wrongful death statutes” are independent of each other; they all follow the same general principles. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children as beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.

Dr Shezad Malik Law Firm-Medical Doctor Lawyer
The Texas Personal Injury and Wrongful Death Lawyers at  Dr Shezad Malik Law Firm provide high quality, aggressive legal representation for families who have suffered the tragedy of a wrongful death. Our Texas Wrongful Death Lawyers have experience handling wrongful death claims, car and truck accidents, motorcycle accidents, product defects, work site accidents, construction accidents, and more.

Our Texas Wrongful Death Attorneys and Texas Personal Injury Attorneys have successfully represented families throughout Texas. If your family has experienced the tragedy of a wrongful death, please call the Texas Personal Injury Lawyers at Dr Shezad Malik Law Firm.

Wrongful death and personal injury cases can be difficult and complex. Insurance companies want to limit their exposure or liability when a serious injury or death occurs. Their goal is simple – pay you nothing or as little as possible.

Our firm represents individuals and families involved in personal injury and wrongful death cases that were caused by the negligence, carelessness, and/or recklessness of others. We handle all types of catastrophic personal injury and tragic wrongful death cases.

Wrongful death lawsuits and claims are be brought by the spouse or children. In some instances, these claims are filed in order to obtain monetary damages to cover the earnings the deceased person would have provided. Other damages that may be recovered include:

    * Expense associated with the death, e.g., medical and funeral
    * Loss of support
    * Lost benefits, such as insurance, from the death
    * Loss of inheritance from an untimely death
    * Loss of love, companionship, comfort, care, assistance, protection, affection or care suffered by the survivor of the decedent
    * Punitive damages, intended to punish wrongdoers and prevent them from harming others

If you have questions or concerns about a personal injury or wrongful death claim, please contact us today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.

What is a Texas Wrongful Death Claim?
Wrongful Death is a category under personal injury law that recognizes a death as one caused by the wrongful act of someone. Common contributors to this kind of death include medical negligence, failure to diagnose, nursing home abuse & neglect, birth injury, slip & fall accidents, aviation accidents, oil rig injuries, car accidents, and other causes.

Claims in Wrongful Death cases may be filed by family members left to deal with the loss of their loved ones. Basis for filing this kind of claim under Texas personal injury  law include loss of support or companionship, typically suffered by an accident victim’s children or spouse. Funeral expenses, medical bills, and other damages may also be included in your claim.

Following a Wrongful Death, your family should be your first priority. As soon as you are able to do so, contact the Dr Shezad Malik Law Firm, to speak one-on-one with an experienced Texas Wrongful Death attorney. It costs you nothing to contact us and you will not pay any legal fees or out-of-pocket expenses unless and until we recover compensation for your injuries.

A Wrongful Death is the ultimate catastrophic event that can occur because of the negligence, reckless behavior or the bad conduct of another person, business, employer, or fellow employee. The claim for Wrongful Death is brought by the surviving family members or the estate of the deceased.

If you or a loved one has been seriously injured, you need the help of the Dr. Shezad Malik Law Firm, call toll free in Dallas 888-210-9693 or if in Fort Worth 817-900-9693, today to speak to the Medical Doctor-Attorney.

The Texas Wrongful Death Act is found in Chapter 71 of the TEX. CIV. PRAC. & REM. CODE. Damages that are recoverable in a wrongful death cause of action include 1. Pecuniary loss for the care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value that the beneficiaries would have received from the decedent had the decedent lived; 2. Loss of companionship and society which includes damages for loss of consortium; 3. Mental Anguish; 4. Loss of Inheritance; 5. And, in some cases exemplary damages (punitive).

Another source for recovery in lawsuits involving the death of the plaintiff is the Survival Statute. Unlike the Wrongful Death Statute the Survival Statute allows the right to recover for personal injuries held by the victim at the time of his/her death. Generally the only cause of action which survives under the Survival Statute is one for personal injuries sustained by the deceased prior to his death.

A wrongful death suit is brought for the death of a person due to the carelessness, recklessness, or negligence of another individual, company or entity. Generally speaking, the immediate family members of the deceased are eligible to bring the suit against the defendant. In Texas, a spouse may bring the suit, or the parents, or children of the deceased. In the event a minor child loses parents due to the wrongful conduct of a person or company, another family member can act as a “guardian” or as a “next friend” and the claim can be presented for the benefit of the minor child. Any recovery will then be placed into a trust fund held by the court, or placed into a guaranteed investment/annuity plan on behalf of the child to protect the minor’s interests.

Time Limitations
If you have lost a loved one due to the carelessness, recklessness, or negligence of another you need to consult a Texas Wrongful Death Attorney as soon as possible. There is a time limit for filing your claim so it is important to act quickly. The time limit or statute of limitations in Texas for a wrongful death suit is two years from the date the claim accrued. There are some exceptions to this rule, however so seek the counsel of a Texas Wrongful Death Lawyer if you feel you may have the right to file a wrongful death suit.

In certain circumstances the statute of limitations may be extended. In cases where the victims did not know or could not have known that negligence occurred the courts may allow an extension. This could happen in the instance of medical negligence where there may have been a cover up and the victims did not find out until after the statute of limitations was up. Special considerations may also be made for minors and those who may otherwise be incompetent. These types of situations must be well documented in order to be approved, so seek the assistance of a Dallas Fort Worth Wrongful Death Attorney to see if an extension may apply in your case.

What are the Necessary Factors in a Wrongful Death Case in Texas?
A wrongful death case involves a claim for damages stemming from another person's death. The plaintiffs in wrongful death cases will be certain people designated in the Texas Wrongful Death Act or in federal statutes. The Texas act provides that spouses, children and parents can sue for wrongful death damages for monetary losses and loss of companionship.

When a personal injury victim dies is what happens to the deceased individual's personal injury claims? The deceased person may have had medical expenses, and pain and suffering claims that arose prior to his or her death. These claims survive after death and become part of the deceased's estate. Therefore, those individuals that benefit from the deceased's will or through inheritance will have standing to pursue the deceased's personal injury claims. Sometimes, these beneficiaries are the same persons as those authorized to sue by the Texas Wrongful Death Act.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, dangerous drugs, bad product, toxic injury etc then please contact the Dallas Fort Worth Texas Wrongful Death Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call toll free 888-210-9693, local call 817-900-8439 or Contact Me Online.

AREAS OF PRACTICE: The Dr Shezad Malik Law Firm is a full-service personal injury law firm based in Dallas Fort Worth Metroplex, handling a wide variety of claims. Our lawyers have extensive experience in the areas of: sexual abuse, tractor trailer and commercial vehicle litigation, medical malpractice, wrongful death, serious auto accidents, bus accidents, dog bites, product liability, brain/head injuries, burn and electrical injuries, spinal cord injuries, premises liability, negligent security, and many other types of personal injury cases.

Information and commentary provided by Dallas Fort Worth Personal Injury Wrongful Death Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured or killed from a truck accident, car crash or bus accident, please fill out our contact card for a free consultation.
 
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Our law firm’s principal office is in Southlake and we have offices in Fort Worth and in Dallas, Texas, but we represent people across Texas, for Personal Injury and Wrongful Death, in cities and areas including the following:  Abilene, Albany, Alice, Alpine, Amarillo, Angleton, Arlington, Austin, Bay City, Baytown, Beaumont, Benavides, Big Spring, Boerne, Bonham, Bowie, Brazoria, Brownsville, Brownwood, Bryan, Buffalo, Carthage, Centerville, Childress, Clarksville, Cleburne, College Station, Commerce, Conroe, Corpus Christi, Corsicana, Crockett, Daingerfield, Dalhart, Dallas, Decatur, Del Rio, Denton, DFW Metroplex, Dumas, Eagle Pass, Eastland, Edinburg, El Paso, Emory, Ennis, Fairfield, Falfurrias, Fort Stockton, Fort Worth, Freer, Gainesville, Galveston, Garland, Gatesville, Gilmer, Granbury, Grapevine, Greenville, Groom, Harlingen, Henderson, Hillsboro, Houston, Huntsville, Irving, Jacksboro, Jasper, Kaufman, Kerrville, Killeen, Kingsville, Kingwood, Laredo, Liberty, Livingston, Llano, Longview, Lorena, Lubbock, Lufkin, Mansfield, Marathon, Marshall, McAllen, Mesquite, Midland, Mineola, Mineral Wells, Mount Pleasant, Mount Vernon, Nacogdoches, New Braunfels, Odessa, Orange, Ozona, Palestine, Pampa, Paris, Pasadena, Pearland, Pecos, Pharr, Plainview, Port Arthur, Quinlan, Raymondville, Richland, Rio Grande City, Rio Grande Valley, Sanford, Sonora, San Angelo, San Antonio, San Marcos, Seguin, Shamrock, Sheffield, Sherman, Spring, Stephenville, Sulphur Springs, Sweetwater, Tawakoni, Temple, Terrell, Texarkana, Texas City, Thurber, Tulia, Tyler, Van Horn, Vernon, Victoria, Waco, Waxahachie, Weatherford, Wharton, Whitesboro, Whitewright, Wichita Falls, Wills Point, The Woodlands, and Woodville, Texas.