Serving clients throughout Texas

Lubbock Wrongful Death Lawyer

The unexpected loss of a loved one is never easy to deal with. This situation can be especially upsetting when the loss was caused by another person’s negligence or carelessness. Funeral costs, medical bills, and loss of income can cause undue strain during this already difficult time.

While there is no monetary amount that can make up for the wrongful loss of a family member, financial compensation can make it easier to deal with the economic aftermath of an unexpected death. A dedicated attorney could help you seek compensation for your losses and hold the responsible party accountable for their behavior. To learn more about what a Lubbock wrongful death lawyer could do for you, call today.

Common Types of Fatal Accidents

Many accidents may form the basis of a wrongful death claim. A few examples include:

  • Motorcycle, car, and truck accidents
  • Pedestrian and bicycle accidents
  • Assault or neglect cases
  • Defective product claims
  • Slip and fall accidents
  • Medical malpractice
  • Workplace and construction accidents

Negligent actions by a defendant have the potential to rob a plaintiff and their family of a treasured family member. These negligent actions may be compensable through a wrongful death claim filed with the assistance of a knowledgeable attorney in Lubbock.

Understanding Survival Actions and Wrongful Death Claims in Lubbock

Many individuals use the terms “survival” and “wrongful death” actions interchangeably, but they are not the same. Both causes of action are defined by separate provision of Texas Civil Practice & Remedies Code Chapter 71. While both are aimed at the person who caused the death, the remedies sought are done under different legal theories.

Survival Actions

Survival claims seek damages for what the deceased person suffered prior to their death. This type of claim focuses on the harms the decedent endured during and after the accident until the time they passed away.

A survival action is often filed concurrently with a wrongful death lawsuit. A knowledgeable attorney could effectively utilize this interplay to seek maximum compensation for a family.

Wrongful Death Actions

A wrongful death claim is instituted by the surviving family members of the decedent for their damages related to the loss of the decedent. These damages can include:

  • Funeral expenses
  • Property damages
  • Lost income and support
  • Loss of consortium
  • Pain and suffering
  • Grief and anguish

Other damages may also be available depending on the unique facts of a case. A local injury attorney could assess a fatal accident case and ensure that all possible modes of financial compensation are pursued.

Limitations on Wrongful Death Claims

State law limits who may file the wrongful death claim to a handful of potential parties.  A surviving spouse, children, or parents of the deceased person are able to file a claim under the law.

If no family members file a claim within three months of the death, the estate of the decedent may file a wrongful death action, unless specially requested not to by the family members.

In most scenarios, a wrongful death claim must be filed within two years of the death under Texas Civil Practice and Remedies Code § 16.003. While this may seem like more than enough time to get everything in order, it is essential that individuals looking to pursue a wrongful death claim seek the counsel of a seasoned Lubbock attorney as soon as possible. Starting this process early allows a lawyer to gather evidence, speak with experts, and file a claim that properly compensates a family’s losses.

Seek Counsel from a Wrongful Death Attorney in Lubbock

The last thing you need on your plate after the unexpected loss of a loved one is a legal headache. A compassionate attorney could take some of this stress off of you, navigating the process of filing a wrongful death claim so that you can focus on moving forward with your life.

To discuss your case with a Lubbock wrongful death lawyer, call today. A skilled professional at Chad Jones Law would be happy to consult with you and discuss your potential routes to financial recovery.