Texas Wrongful Death Lawyer

A wrongful death is a heartbreaking event that leaves a permanent void in the lives of those left behind. It is an unimaginable loss when a loved one’s life is cut short due to the negligence, recklessness, or intentional actions of another.

This sudden and preventable death not only shatters families emotionally but can also lead to significant financial hardships. The grieving process is often compounded by the frustration and anger of knowing that the loss could have been avoided.

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Angel Reyes

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If you are facing the heartbreak of the loss of a loved one to wrongful death in Texas, let the dedicated and compassionate lawyers at Angel Reyes & Associates stand by your side. We are absolutely committed to client satisfaction, uphold the highest ethical standards, and operate on a no-fee-unless-you-win policy. 

With over $1 billion recovered and a team of board-certified attorneys known for their proven skill and integrity, we will provide you with the most robust legal representation you need. Contact us today in Dallas for the justice and compensation you deserve during this difficult time.

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Texas Wrongful Death Statute: How Our Attorneys Utilize its Provisions to Protect Your Rights

The Texas Wrongful Death Statute, codified in the Texas Civil Practice & Remedies Code § 71.002, provides a legal avenue for families to seek compensation when their loved one’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another. This statute is designed to hold individuals or entities accountable for actions that lead to the untimely and preventable death of a person, offering a measure of justice and financial relief to the surviving family members.

Key Provisions of the Texas Wrongful Death Statute

Eligibility to File a Claim 

Under the statute, certain family members are eligible to file a wrongful death claim. These include the surviving spouse, children, and parents of the deceased. If none of these parties initiate a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless the family specifically requests that no action be taken.

Types of Recoverable Damages 

The statute allows for the recovery of various types of damages, including:

  • Economic Damages
  • Non-Economic Damages
  • Punitive Damages (in exceptional cases)

Statute of Limitations 

The wrongful death statute imposes a time limit on filing a claim, generally set at two years from the date of death. This limitation emphasizes the importance of timely legal action to preserve the right to seek compensation.

Burden of Proof 

To succeed in a wrongful death claim, the plaintiffs must prove that the death was directly caused by the defendant’s wrongful act or negligence. This requires a preponderance of evidence, meaning it must be more likely than not that the defendant’s actions led to the death.

How Our Texas Wrongful Death Attorney Will Approach Your Case 

At Angel Reyes & Associates in Houston, here’s how we approach wrongful death cases:

Comprehensive Case Evaluation and Strategy Development

From the moment you contact our firm, we conduct a thorough evaluation of your case. We gather all pertinent information, including medical records, accident reports, witness statements, and other critical evidence. Our wrongful death lawyer in Texas will develop a strategic plan tailored to the specifics of your case, ensuring we cover all aspects required to prove liability and maximize your compensation.

Establishing Liability and Proving Negligence

We leverage our extensive experience and resources to build a compelling case that establishes the defendant’s liability. Our legal team, including skilled investigators and expert witnesses, meticulously examines every detail to demonstrate how the defendant’s actions directly led to the wrongful death. We gather evidence, reconstruct the incident, and consult with specialists to provide irrefutable proof of negligence or misconduct.

Calculating and Pursuing Full Compensation

Recognizing the full extent of your loss is essential to obtaining fair compensation. Our attorneys work with financial experts to calculate both economic and non-economic damages. We consider the deceased’s earning potential, contributions to the household, and the emotional impact on the family to ensure we seek comprehensive compensation that reflects the true cost of the loss.

Handling Legal Complexities and Meeting Deadlines

Dealing with the Texas legal system can be overwhelming, especially during a time of grief. Our attorneys handle all legal complexities, including filing the necessary documents within the statute of limitations. We ensure that all procedural requirements are met so your case proceeds without unnecessary delays.

Aggressive Representation in Negotiations and Trial

We are committed to achieving the best possible outcome for our clients. Our attorneys are skilled negotiators who will aggressively pursue a fair settlement with the responsible party’s insurance company. If a settlement cannot be reached, we are fully prepared to take your case to trial. Our courtroom experience and dedication to our clients’ rights enable us to present a powerful case before the jury.

Personalized Support and Compassionate Advocacy

At Angel Reyes & Associates, we provide more than just legal representation. We offer compassionate support to our clients, understanding the emotional toll of losing a loved one. We keep you informed throughout the process, address your concerns, and stand by your side every step of the way.

The Angel Reyes & Associates Difference

We’re not just car & truck accident specialists, our 5-star rating is a mark of quality that influences everything we do. We guarantee to: Maximise your settlement, charge you nothing unless you win, and provide 5-star service from the first contact.

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Types of Damages Our Wrongful Death Lawyer in Texas Can Recover

When a loved one dies due to the wrongful actions or negligence of another, the emotional and financial toll on the family can be overwhelming. At Angel Reyes & Associates in Fort Worth, our wrongful death lawyer in Texas will use the full force of law combined with our legal skills, experience, and resources to recover the largest possible compensation and hold the negligent parties accountable.

Economic Damages

Economic damages are intended to compensate for the tangible financial losses resulting from the wrongful death. These damages include:

Lost Earning Capacity: This covers the income that the deceased would have earned had they lived. It accounts for the deceased’s age, occupation, potential for career advancement, and life expectancy.

Medical Expenses: Any medical costs incurred prior to the death due to the incident, such as hospital bills, surgeries, medications, and other treatments, can be recovered.

Funeral and Burial Expenses: The expenses for the funeral, burial, or cremation services are also compensable under economic damages.

Loss of Services: This includes the value of household services the deceased would have provided, such as childcare, home maintenance, and other domestic tasks.

Non-Economic Damages

Non-economic damages compensate for the intangible losses that cannot be quantified in monetary terms. These include:

Mental Anguish: This refers to the emotional distress and grief experienced by the surviving family members due to the loss of their loved one.

Loss of Companionship and Society: This covers the loss of the deceased’s companionship, love, and emotional support that they would have provided to their spouse, children, or parents.

Loss of Consortium: Spouses may be compensated for the loss of marital benefits, including affection, comfort, and sexual relations.

Loss of Inheritance: This accounts for the value of the assets that the deceased would have accumulated and passed on to their heirs had they lived.

Punitive Damages

In certain cases, punitive damages may be awarded. These are not meant to compensate the family but to punish the wrongdoer for particularly egregious or reckless behavior and to deter similar conduct in the future. Punitive damages are typically pursued in cases involving gross negligence or intentional misconduct.

Factors Influencing the Amount of Compensation

Several factors can influence the amount of compensation awarded in a wrongful death claim, including:

The Deceased’s Age and Health: Younger individuals or those in good health typically would have had a longer working life and higher earning potential, which can affect the amount of economic damages awarded.

The Deceased’s Relationship with Survivors: The closeness of the relationship between the deceased and the survivors can impact the amount of non-economic damages, as the emotional loss may be more profound.

Circumstances of the Death: The nature and circumstances of the wrongful death, such as whether it was caused by gross negligence or intentional misconduct, can influence the amount of punitive damages.

The Financial Dependency of Survivors: The level of financial dependency of the survivors on the deceased can also be a significant factor in determining the compensation amount.

Who is Eligible to Claim Wrongful Death Damages in Texas?

At Angel Reyes & Associates, our wrongful death lawyers in Texas will help the affected family members receive the justice and financial relief they deserve.

Primary Eligible Parties

Surviving Spouse: The surviving spouse of the deceased has the right to file a wrongful death claim. This includes legally married spouses and common-law spouses who meet the criteria for a common-law marriage in Texas.

Children: Biological and legally adopted children of the deceased are eligible to file a wrongful death claim, including minor and adult children. However, stepchildren who have not been legally adopted by the deceased are generally not eligible to file a claim.

Parents: The biological and adoptive parents of the deceased also have the right to pursue a wrongful death claim. This right extends to the mother and the father, regardless of whether they were married to each other at the time of the deceased’s birth.

Joint and Individual Claims

Eligible family members can file a wrongful death claim jointly or individually. If more than one eligible family member files the claim, they are typically combined into a single lawsuit. This ensures that the interests of all parties are represented and that the court can issue a comprehensive judgment that addresses the damages suffered by the entire family.

Executor or Administrator of the Estate

If none of the eligible family members file a wrongful death claim within three months of the death, the executor or administrator of the deceased’s estate has the right to file the claim. However, the family members can prevent this if they explicitly request that no claim be filed.

Limitations and Restrictions

In Texas, siblings (both biological and adopted) of the deceased are not eligible to file a wrongful death claim. The statute specifically excludes brothers and sisters from the list of those who can seek wrongful death damages.

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The Complexity of Wrongful Death Claims: How Our Attorneys Prove Liability

Wrongful death claims present unique challenges compared to personal injury claims because the wrongful death victims are no longer present to describe the circumstances or actions of the defendant. This absence of direct testimony makes these cases inherently more complex. It requires a thorough investigation and strategic use of evidence to establish liability. 

At Angel Reyes & Associates, our Texas wrongful death attorneys are experienced in successfully handling these complexities and recovering compensation for families who have lost loved ones due to the wrongful actions of others.

Types of Evidence We Will Collect in a Texas Wrongful Death Claim

Witness Testimony 

Gathering statements from witnesses who saw the events leading to the death can provide critical insights into what happened. Eyewitnesses can describe the actions of the defendant, the conditions at the scene, and any statements made that indicate fault.

Expert Testimony 

Experts such as accident reconstruction specialists, medical professionals, and economists play a crucial role in wrongful death cases. Accident reconstruction experts can analyze the scene, vehicle damage, and other factors to determine how the incident occurred. Medical experts can explain the cause of death and link it to the defendant’s actions or negligence. Economists can calculate the financial impact of the loss on the family, including future earnings and financial support.

Documentation and Records 

Obtaining official reports, including police reports, medical records, and autopsy reports, provides documented evidence of the circumstances surrounding the death. These records can corroborate witness testimony and expert opinions, strengthening the case for liability.

Physical Evidence 

Physical evidence such as vehicle damage, photographs of the scene, and any objects involved in the incident can help our experienced wrongful death lawyers in Texas reconstruct the events and demonstrate the defendant’s negligence or wrongful actions.

Electronic Evidence 

In cases involving accidents or incidents captured by cameras, dashcams, or surveillance footage, electronic evidence can provide a clear depiction of what occurred. This type of evidence is increasingly valuable in proving liability.

Employment Records and Analysis 

For cases involving wrongful death in the workplace or due to product defects, employment records, safety inspection reports, and expert analysis of the product’s design or manufacturing process can establish liability against employers or manufacturers.

Proving Liability of Defendants in a Wrongful Death Lawsuit in Texas

Thorough Investigation: Our attorneys conduct a swift investigation into the circumstances of the death, gathering all available evidence and identifying key witnesses and experts.

Building a Strong Narrative: Using the collected evidence in a wrongful death case, we construct a compelling narrative that demonstrates how the defendant’s actions or negligence caused the death.

Expert Testimony: Leveraging expert opinions to explain complex issues, such as the cause of death or the defendant’s failure to meet a standard of care, strengthens the wrongful death case and clarifies liability.

Negotiation and Litigation: Whether through negotiation with insurance companies or litigation in court, we advocate vigorously for our clients to achieve maximum compensation and hold responsible parties accountable.

Choose Our Texas Wrongful Death Lawyer to Get Justice and Compensation

At Angel Reyes & Associates, our experienced wrongful death lawyer in Texas is committed to providing compassionate support and relentless pursuit of justice. Here’s why you should choose our wrongful death lawyers for your wrongful death suit in Texas:

Experienced and Highly-Rated

Our firm is recognized for its exceptional legal ability and ethical standards. As a Martindale-Hubbell “AV-rated” law firm, we hold the highest possible rating, reflecting our reputation for excellence among peers and clients. This distinction signifies our legal prowess and commitment to ethical practices. With a focus on wrongful death lawsuits throughout Texas, our team has a proven track record of success in securing justice and compensation for grieving families.

Tradition of Success

At Angel Reyes & Associates, we have a legacy of achieving outstanding results. Our consistently high ratings are a testament to our dedication to client satisfaction and exceptional legal representation. We leverage our extensive experience to develop innovative strategies and provide reliable support, ensuring that our clients receive the best possible outcome. Whether in negotiations or the courtroom, we stand firm in our commitment to achieving justice for our clients.

Passion for Justice

Every wrongful death lawyer on our team brings a genuine passion for justice to each case. We are dedicated to securing the compensation and closure that our clients deserve in wrongful death suits. Our commanding presence in the courtroom and the respect we garner from adversaries stem from our relentless pursuit of justice and unwavering commitment to our clients. This drive earns us high ratings and ensures that our clients feel supported and empowered throughout the legal process.

Compassionate Support

We understand the profound emotional and financial impact of losing a loved one. Our attorneys provide compassionate support, guiding you through every step of the legal process with sensitivity and care. We take the time to listen to your concerns, answer your questions, and keep you informed, ensuring that you feel confident and supported as we work to achieve justice for your loved one.Call us at (469) 962-4211 or contact us online to schedule your free consultation. No fee unless we win!

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