One of the hardest things someone can go through in life is losing a loved one, especially if that person’s death was brought on by the wrongdoing of a third party. The surviving family members are left to pick up the pieces, regardless of how it happened.
During this difficult time, our wrongful death lawyers in Fort Worth may be able to assist you. At Zinda Law Group, we understand that in addition to needing time to process the death of a loved one, you want the negligent party to be held accountable. Our Fort Worth personal injury attorneys can help you take legal action.
Our law firm has handled numerous wrongful death claims on behalf of the decedents’ surviving beneficiaries. We can help you make sense of the legal and financial aspects of a family’s loss and obtain financial compensation from those responsible. Also, we offer a 100% free case evaluation.
Defining Wrongful Death in Texas
A wrongful death occurs when a fatality arises due to the negligence or carelessness of another person or company. A lawsuit for wrongful death imposes liability on the at-fault party or their employer for their wrongful act, neglect, or carelessness.
Each state has its own laws regarding who can file a wrongful death claim, what damages they can recover, and when a wrongful death claim must be filed. The state laws governing wrongful deaths in Texas can be found in Texas Civil Practice and Remedies Code 71.000–71.020.
The loss of a loved one is one of the greatest challenges that anyone can face in life, particularly if their death was the result of some third party’s wrongful acts. Regardless of how it happened, the surviving family members are left to pick up the pieces. Our Fort Worth wrongful death attorneys may help you during this emotional time. At Zinda Law Group, we understand you not only need time to grieve the loss of your loved one, but you also want to hold the negligent party responsible.
The lawyers at Zinda Law Group have handled numerous wrongful death claims on behalf of decedents’ surviving beneficiaries. We can help you make sense of the legal and financial aspects of a family’s loss and obtain financial compensation from those responsible. If the negligence of another caused the death of your relative, call Zinda Law Group today at (800) 863-5312 for a 100% free case evaluation with our experienced personal injury lawyers.
Defining Wrongful Death in Texas
A wrongful death occurs when a fatality arises due to the negligence or carelessness of another person or company. A lawsuit for wrongful death imposes liability on the at-fault party, or his or her employer, for their wrongful act, neglect, carelessness, unskillfulness, or default.
Each state has its own laws regarding who can file a wrongful death claim, what damages they can recover, and when a wrongful death claim must be filed. The state laws governing wrongful deaths in Texas can be found in the Texas Civil Practice & Remedies Code § 71.000 – 71.020.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationWho Can File a Wrongful Death Claim in Texas?
Due to the highly intimate and personal nature of wrongful death lawsuits, only specific people may file a wrongful death claim—typically only the decedent’s immediate surviving family members. In Texas, the wrongful death statutes are narrowly tailored to include only:
- A surviving spouse or domestic partner,
- Any surviving biological or adopted children, and
- The parents of the decedent
Not all of these individuals need to be involved in the lawsuit, but any one of them may file it for the benefit of all recipients.
If, however, none of these individuals has begun an action for wrongful death within three calendar months after the decedent’s death, the executor or administrator of the decedent’s estate must bring the action unless otherwise instructed by the decedent’s heirs.
Unfortunately, this means that (unadopted) stepchildren, siblings, and grandparents are not included in the class of persons who can file a wrongful death lawsuit. A wrongful death lawyer in Fort Worth can clarify who is eligible to file and receive wrongful death benefits.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationWhat Wrongful Death Compensation Can Be Recovered in Texas?
Surviving beneficiaries of wrongful death claims in Texas may recover both economic damages and costs associated with non-economic losses.
Economic Damages
Economic damages refer to the monetary benefits that the beneficiaries would most likely have received from the decedent had he or she survived. These include not only money but everything that can be valued monetarily.
- The amount of economic losses will depend on the beneficiary’s age and the decedent’s class (i.e., whether they are a spouse, parent, adult child, or minor child). A surviving spouse, for example, may recover not only lost financial contributions from their deceased partner but they may also be able to recover the value of lost services, advice, and counsel.
- A minor child may be entitled to recover the sum of all monetary contributions that the deceased parent most likely would have made to their upbringing and support. This includes the reasonable value of the parent’s nurture, care, and moral training and any monetary benefits that he or she would have received during their age of majority, including the cost of the child’s future education and lost inheritance.
- An adult child, similarly, has a right to recover contributions that he or she would have likely received from the parent, including costs of future education and loss of inheritance, as well as the value of such intangible things as loss of advice and counsel.
- The decedent’s parents may likewise recover the reasonable cash value of the services, advice, and counsel that the child would have provided them into their old age. Costs such as funeral and burial expenses, loss of care, loss of income, and loss of guidance are all considered economic damages eligible for recovery.
Non-Economic Damages
Non-economic damages are a type of damage that is difficult to discern and quantify. They typically include mental anguish, loss of consortium, and/or loss of companionship and society.
- Mental anguish: In Sanchez v. Schindler, the Texas Supreme Court held that a plaintiff could recover damages in a wrongful death action for mental anguish. In later cases, the Court defined mental anguish as “emotional pain, torment, and suffering that the named plaintiff would, in reasonable probability, experience from the death of the family member.”
- Loss of companionship and society: This form of damage attempts to encompass the social or interpersonal loss of a close relative. The Texas Supreme Court in Moore v. Lillebo defined the loss of companionship and society as the ending of “the positive benefits flowing from the love, comfort, companionship, and society the named plaintiff(s) would, in reasonable probability, experience if the decedent lived.”
- Loss of consortium: This type of loss is a form of damage exclusive to a surviving spouse. “Consortium” encompasses all of the emotional and romantic intimacy of life partnership, including the mutual right and exchange of companionship and support necessary for a successful relationship.
CASE RESULTS
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationHow Long does a Person Have to File a Wrongful Death Claim?
A “statute of limitations” refers to a law that sets the maximum time period during which a party can initiate a legal proceeding. Under Texas law, a surviving beneficiary typically only has two years to file a wrongful death claim, starting from the date of the decedent’s death. Therefore, while the cause of action (i.e., the type of lawsuit) dictates when the particular statute of limitations begins, there are occasionally grounds to extend this time to ensure a fair trial.
Some of these exceptions that can extend the statute of limitations for wrongful death claims include:
- The only surviving plaintiff was a minor child when the statutory period began to toll,
- The negligence of the defendant wasn’t known during the two-year period after the decedent’s death,
- The only surviving plaintiff suffered a mental or physical impairment that prevented them from filing the lawsuit during the two-year period, or
- There is evidence of fraud surrounding or relating to the decedent’s death.
Given that Texas has a fairly short statute of limitations for wrongful death claims, it is highly advisable that surviving beneficiaries contact an experienced wrongful death attorney in Fort Worth within a few months after the death of their loved one. This ensures their claim is filed before the statute of limitations expires and provides the attorney ample time to gather evidence for the case.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationTypes of Wrongful Death Lawsuits
Wrongful deaths that occur as a result of negligent behavior can occur in numerous ways. As of 2017, the Centers for Disease Control and Prevention (CDC) reported that “accidents” were the fourth leading cause of fatalities in Texas, with 10,763 deaths statewide. The most common unintentional injuries or accidents that lead to wrongful death claims include:
Truck Accidents
Unfortunately, fatalities and severe injuries are frequently caused by vehicle accidents. This is because massive commercial vehicles like tractor-trailers and 18-wheelers are so big and heavy. These vehicles have the potential to seriously hurt or even kill the occupants of other smaller cars on the road when they collide with them.
Pedestrian Accidents
Accidents involving pedestrians might be especially harmful. A pedestrian has no defense against a car, truck, or SUV. As a result, even low-speed incidents with pedestrians have the potential to result in fatal injuries.
Defective Product Liability
The maker of a dangerous product may be held responsible for wrongful death if it results in harm or death. In certain situations, the decedent’s family may be entitled to file a lawsuit against the business in order to recover damages for their loss from the maker and seller of the hazardous product.
Drunk Driving Accidents
A driver who operates a vehicle while under the influence of drugs or alcohol may be held responsible for any accidents that result in injuries or fatalities due to their carelessness.
This is accurate even if the accident victim wasn’t traveling in a car. Our Fort Worth DUI attorneys can recover economic and non-economic losses and possibly punitive damages.
Negligence Claims
A wrongful death may occasionally result from someone else’s carelessness. The victim’s family must demonstrate that the defendant owed the decedent a duty of reasonable care and that breaching that duty directly contributed to the decedent’s death in order for the victim’s family to win a negligence claim.
Distracted Driving Accidents
Numerous drivers on the road are impacted by the issue of distracted driving. Any distraction can divert a driver’s focus from the road and cause an accident, whether texting, using a GPS, or playing with the radio. The relatives of the deceased person may be entitled to compensation from the inattentive driver if their death was caused by their negligence.
Motorcycle Accidents
Due to the lack of safety features, motorcycle riders have an increased risk of suffering serious injuries or losing their lives in collisions. If the driver’s negligence contributed to the motorcyclist’s death, the motorcyclist’s family may be entitled to compensation from the motorist who caused the motorcycle accident.
Bicycle Accidents
Due to their susceptibility, cyclists are also at a higher risk of suffering an injury or fatality. The cyclist’s family may be eligible for financial compensation from the driver who caused the accident if the driver’s carelessness played a part in the cyclist’s demise.
Medical Malpractice
When a patient is wounded or dies as a result of medical malpractice, a wrongful death case may be filed against the negligent physician or organization. The usual defense in this kind of case is that the doctor failed to provide the patient with the appropriate level of care, which led to the patient’s harm or death.
Incorrect treatment, delayed diagnosis, or misdiagnosis of a medical condition are all examples of medical negligence.
Premises Liability
The property owner may be held accountable when a dangerous situation on someone else’s property results in a wrongful death. In these situations, it is important to show that the property owner disregarded their obligation to take reasonable precautions to ensure the safety of visitors and that this failure directly contributed to the victim’s death.
Workplace Accidents or Construction Accidents
The family of a worker who dies on the job or at a construction site may be able to bring a wrongful death claim. This usually entails demonstrating that the employer’s carelessness or disregard for safety rules contributed to the victim’s death.
Some of these accidents may offer punitive damages if the act is deemed egregious by the court. It’s a rare instance, but with our Fort Worth wrongful death attorney as your representative, we will fight to maximize the amount the responsible party owes you.
Get Help from Our Fort Worth Wrongful Death Lawyers Today
Our attorneys at Zinda Law Group have assisted numerous surviving family members in getting their lives back on track after losing a loved one. We have the experience and resources to assist you in pursuing monetary damages for their passing, including payment for any medical expenses, financial losses, and other expenses they or you incurred as a result of their death.
At our law firm, clients should never be concerned about the cost of hiring a lawyer. Since we work on a contingency fee basis and provide free consultations, you won’t have to pay anything unless we win your case. It’s part of our No Win, No Fee promise.
If a parent, spouse, domestic partner, kid, or other family member has passed away due to the negligence of a third party, call Zinda Law Group to receive your free consultation with our Fort Worth wrongful death attorneys.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
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