Wrongful Death
Understanding Wrongful Death Cases
Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. At Elmazi Law, we represent families throughout Dallas/Fort Worth seeking justice and financial recovery in wrongful death cases. Our dedicated legal team is here to help you navigate this challenging time, ensuring that those responsible are held accountable.
Common Causes of Wrongful Death Recognized by the Courts
Depending on the circumstances and the state where the incident occurred, wrongful death claims can arise from various situations, including:
Car accidents caused by reckless or impaired drivers
Medical malpractice resulting in fatal injuries
Workplace accidents due to negligence or unsafe conditions
Defective or dangerous products causing fatal harm
Criminal acts or intentional misconduct
Nursing home abuse or neglect leading to death
Steps to Take After Losing a Loved One to Wrongful Death in Texas
If you believe your loved one’s death was caused by negligence or wrongful conduct in the Dallas / Fort Worth area, here are crucial steps to take to protect your rights and strengthen your case:
Gather Documentation: Obtain medical records, accident reports, and death certificates to support your claim.
Collect Evidence: Secure photographs, videos, witness statements, and any other evidence relevant to the incident.
Consult a Wrongful Death Attorney: Contact an experienced wrongful death attorney to discuss your legal options and evaluate the strength of your case.
Avoid Public Discussions: Refrain from making public statements or posting about the case on social media.
File a Claim Promptly: Texas has a statute of limitations for wrongful death claims. Acting quickly ensures your case is handled within the required time frame.
Preserve Financial Records: Keep all receipts, bills, and documentation of expenses related to the incident and your loss.
Frequently Asked Questions About Wrongful Death Cases
Wrongful death cases arise when someone dies due to another party’s negligence, recklessness, or intentional actions. This can include medical malpractice, auto accidents, defective products, or intentional harm.
In Texas, surviving spouses, children, and parents of the deceased have the right to file a wrongful death lawsuit. If they do not file a claim within three months, the estate’s representative may initiate a claim.
Potential damages include medical expenses, funeral costs, loss of income, loss of companionship, emotional distress, and pain and suffering experienced by the deceased before death.
Typically, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. However, certain circumstances may alter this deadline.
Proving negligence involves demonstrating that the responsible party had a duty of care, breached that duty, and directly caused your loved one’s death as a result.
While it’s possible to file a claim without an attorney, having experienced legal representation greatly improves your chances of obtaining fair compensation and justice.