Has someone you loved been killed in an accident or due to someone else’s negligence? Speak with our Dallas wrongful death lawyers today by calling 1-877-405-4313.
Your loved one deserves justice, and our Dallas wrongful death attorneys are prepared to fight on behalf of your family. We take these cases on contingency, meaning that you never pay us a penny unless we win your case.
A “wrongful death” is one that occurs as the result of the misconduct or negligence of another individual, company or entity. This can include momentary negligence, intentional misconduct or neglect.
If a loved one has suffered a wrongful death in the Dallas-Fort Worth area, please call the wrongful death lawyers at Rasansky Law Firm for a free consultation. We’ll listen to the facts of your case, and determine if we might be able to help you seek justice through a wrongful death claim or lawsuit. If we decide to take on your case, we’ll do so on contingency meaning that you never pay a dime out of pocket; we only get paid if we win your case.
Jeff Rasansky has an outstanding win record in Dallas over the past 25 years. He is well known and respected by the community, and Jeff and his team of attorneys have won countless awards in recognition of their success. When it comes to an important issue such as a wrongful death claim, trust in the experience of Rasansky Law Firm.
What does a wrongful death lawsuit seek to accomplish?
First and foremost, a wrongful death lawsuit serves to seek damages (in the form of monetary compensation) from the party/parties determined to have caused, or contributed to, the victim’s death. Why is this important? Had the victim not been wrongfully killed, they would have been able to provide significant financial support to their family over the course of their lifetime. Families in this situation must not only deal with the emotional stress that comes with losing a loved one, but often financial burdens as well. If a victim was killed due to someone else’s negligence, why should the victim’s family be forced to suffer the ensuing financial consequences of such a loss?
Additionally, a wrongful death lawsuit can actually bring about changes in policy or behavior which can help prevent similar wrongful deaths from occurring in the future. If the at-fault party is never held accountable for their negligence, there’s a good chance that similar accidents may occur again later on down the line.
In certain circumstances, the police may levy criminal charges against those responsible, but only if their actions are determined to be criminal in nature. If someone is killed due to improper training, poor work site conditions, or other forms of negligence, the police may not be able to do anything. It’s important to understand that there are two separate legal systems at play here: criminal law and civil law. Even if someone is not charged criminally in relation to the wrongful death, the family of the victim may still absolutely have a valid wrongful death claim.
Simply put, you as a family member owe it to the victim to seek justice on their behalf. If you believe that a loved one has suffered a wrongful death in Dallas (or anywhere in Texas), we encourage you to reach out to us. We’ll help explain the process, and advise you of your legal options moving forward – all free of charge.
What can I recover through a wrongful death lawsuit?
Family members may be eligible to recover compensation for many different types of damages through a wrongful death claim (and a potential survival action claim). Once another party has been determined to be liable, you may be owed compensation for the following:
- Medical and funeral expenses
- Pain and suffering
- Loss of income
- Loss of financial support
- Loss of consortium
- Emotional distress
- Punitive damages (potentially)
Who is eligible to file a wrongful death claim?
In most cases, a claim for wrongful death damages in Texas can only be filed by close family members of the deceased (those determined to be wrongful death beneficiaries). All states allow immediate family such as spouses and children to file a claim. Keep in mind, however, that laws vary from state to state so speaking with a qualified personal injury lawyer in your state is strongly advised. The state laws regarding wrongful death claim eligibility tend to vary depending on the relationship to the victim.
- Minors – In some states, a legal guardian is required to ensure a minor’s best interests in a lawsuit.
- Distant Relatives – Distant relatives (such as grandparents, aunts and uncles) are usually not permitted to file a claim, but there may be exceptions to this rule.
- Relation to the Defendant – If the individual who is responsible for the death is related to the victim’s family, another family member generally cannot file a claim against them. There are some exceptions to the rule, however, deepening on your state of residence.
You must also remember that there are statutes of limitations in play, and if you wait too long to file a claim, you may be barred from ever doing so. In Texas, we have a 2-year statute of limitation on wrongful death claims, but there are many exceptions to this rule which your attorney can explain to you. Keep in mind though, that the longer you wait to file a claim, the harder it will be to win. As time passes, memories fade, witnesses disappear, and crucial evidence may be lost forever. All of this can make your claim more difficult to prove.
Filing a claim.
Anyone who files a wrongful death lawsuit in Dallas must have valid proof of certain elements, and properly present their case to the court. In most cases, a plaintiff either needs to show that the responsible party did or did not act in a certain way, thus causing the instance that resulted in the death of their loved one. Our attorneys have considerable experience with wrongful death cases, and we know how to properly present and argue your case to the court.
Because these cases can be very complex, the best way to determine if you have a legitimate claim is to speak with a knowledgeable Dallas wrongful death attorney to evaluate your case and discuss your options.
The death of a loved one often leaves survivors of the deceased stressed and emotionally vulnerable. Let us handle your case and seek the justice that your loved one deserves while you focus on grieving. Our Dallas wrongful death attorneys can be reached 24 hours a day at 1-877-405-4313 or via the contact form on this page for a free consultation.
Speak With a Dallas Wrongful Death Attorney For Free
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313.