Wrongful Death Attorney
Wrongful Death Attorney in DFW
The Law Offices of David S. Kohm is a firm with experienced Arlington & DFW wrongful death attorneys to help you get the settlement you deserve for your loss. Wrongful death lawsuits seek to address damages caused by the loss of a loved one. While no amount of money can ever replace your loss, you are still affected by the monetary damages. You may have been left with the burden of medical bills, funeral costs or other expenses. However, you still have to consider how you will pay your mortgage/rent, car payment, and other costs of living.
Wrongful Death Causes
The core of a wrongful death lawsuit includes proving liability of another person or entity for the death and monetary damages as a result of the death. The following are examples of causes of wrongful death:
- Car Accidents
- Truck Accidents
- Doctor Malpractice
- Adverse Drug Reactions
- Work Accidents
Wrongful Death Statute of Limitations
In the state of Texas, you must file a wrongful death claim within two years of the incident. It is best to file a claim with the Law Offices of David S. Kohm as soon as possible. This will ensure that your statute of limitations does not run out. It also allows your attorney enough time to build a strong case and begin the negotiation process.
Wrongful Death FAQs
What is a wrongful death claim in Texas?
A wrongful death claim is a lawsuit filed when someone dies due to another person’s negligence, recklessness, or intentional act. It allows the deceased’s surviving family members to seek compensation for their loss.
Who can file a wrongful death lawsuit in Texas?
Under Texas law, the surviving spouse, children, and parents of the deceased have the right to file a wrongful death claim. If none of these relatives exist, other heirs may be eligible under Texas intestate succession laws.
What types of damages can be recovered in a wrongful death case?
Recoverable damages may include funeral and burial expenses, loss of the deceased’s expected income and benefits, loss of companionship and support, mental anguish, and medical expenses related to the death.
How long do I have to file a wrongful death claim in Texas?
The statute of limitations for wrongful death cases in Texas is generally two years from the date of the person’s death. It’s important to act quickly to preserve evidence and legal rights.
What evidence is important in a wrongful death case?
Key evidence includes police reports, medical records, autopsy reports, witness statements, and expert testimony that can show how the death occurred and prove negligence or fault.
Can I file a wrongful death claim if the death was caused by a car accident?
Yes, if the death resulted from a car accident caused by another driver’s negligence or violation of traffic laws, you can file a wrongful death claim against that driver or their insurance company.
How can a wrongful death attorney help me?
An experienced wrongful death attorney can investigate the case, gather evidence, negotiate with insurance companies, and represent your family in court to pursue maximum compensation.
What if the deceased was partially at fault for their own death?
Texas follows a modified comparative fault rule. If the deceased was less than 50% at fault, the damages may be reduced by their percentage of fault. If 50% or more at fault, no recovery is allowed.
Is there a difference between a wrongful death claim and a survival claim?
Yes. A wrongful death claim compensates the survivors for their loss. A survival claim is filed on behalf of the deceased’s estate for losses the deceased suffered before death, such as pain and suffering.
How much does it cost to hire the Law Offices of David Kohm for a wrongful death case?
The Law Offices of David Kohm typically work on a contingency fee basis, meaning you don’t pay attorney fees unless they recover compensation for you.
Contact us online for a Arlington & DFW wrongful death attorney from the Law Offices of David S. Kohm or for a free legal consultation.
