DALLAS FORT WORTH TEXAS WRONGFUL DEATH ATTORNEYS & LAWYERS

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. Bases 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 888-210-9693 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 accused. 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 888-210-9693 or Contact Me Online.

AREAS OF PRACTICE: The Dr Shezad Malik Law Firm is a full-service personal injury law firm 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.

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