Texas Wrongful Death Attorney
The Dr Shezad Malik Law Firm helps folks get the recovery they need after being involved in a Texas Wrongful Death accident.
Families of Texas wrongful death victims need help to begin recovering emotionally and financially.
When an accident results in someone’s death, time seems to stand still for the loved ones left behind. The shock of the situation, and the grief and loss that follow, are unbearable. In the awful period after a wrongful death, it is all most surviving family members can do to just get through each day.
Get Assistance From an Experienced Texas Wrongful Death Attorney
When someone dies due to the negligent act of another person, then family members have the right to recover the costs associated with the loss of their loved one. Even when a person dies after an accident, medical bills, funeral and burial costs, and other expenses remain. The lost wages from the deceased person put families in financial stress. And the lost companionship and support of the wrongful death victim can never be replaced.
Lawyer Dr. Shezad Malik Helps Families Recover Financially
Personal injury attorneys cannot help with the emotional distress, grief, and loss being felt by families. So attorneys focus on reducing financial stress for surviving relatives of those who have died due to the negligence of others. Our lawyers help immediately by:
- handling all communications with insurance companies;
- gathering all necessary information including police collision reports, medical records, insurance records, and other documentation;
- identifying and documenting all losses caused by the wrongful death including non-monetary losses like pain and suffering and loss of companionship;
- launching an insurance claim;
- negotiating with insurance adjusters to obtain a full settlement;
- filing a lawsuit and taking the claim to a jury when a settlement offer is inadequate.
Begin the Healing Process Today by Contacting Us
Contact us today to start healing financially after the wrongful death of a loved one. Wrongful death attorney Dr. Shezad Malik has the expertise to oversee all aspects of a wrongful death claim, so that families can reserve their energy for the important task of emotional healing.
The initial consultation is free and no-obligation. There are no up-front costs – all fees come from the final settlement or verdict.
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.
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 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 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.
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 214-390-3189 or if in Fort Worth 817-900-9693, today to speak to the Medical Doctor-Attorney.
Texas Wrongful Death Act
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).
Texas Survival Act
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.
Statute of Limitations – 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 214-390-3189, 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.
Personal Injury General Resources
Bureau of Labor Statistics
Features labor data, surveys, publications and more.
CDC Injury Coverage
Injuries From the Centers for Disease Control and Prevention. Features information on accident causes and prevention, traffic fatalities, drowning, falls, and more.
Division of Quality Assurance
U.S. Department of Health and Human Services. Links to National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank.
Insurance Institute for Highway Safety / Highway Loss Data Institute
Features vehicle ratings, safety facts, publications and more.
National Highway Traffic Safety Administration
Information about automobile recalls, product safety, and auto research.
NHTSA Recall Links From the National Highway Traffic Safety Administration.
Features information on recalls for cars, child safety seats, school buses and more.
OSHA Ergonomics Standard
Features the ergonomics standard proposal, ergonomics FAQs and more.
U.S. Consumer Gateway Health
Health Features resources on health care, diseases, drugs, insurance and more.
U.S. Consumer Product Safety Commission
Features consumer publications, product recalls, statistics and more.