If you have lost a loved one because of someone else's reckless actions, you can trust and depend on our experienced personal injury attorney. Allow our compassionate team to take on your legal matters so that you and your family can focus on achieving a sense of closure and regain your footing once again.
If you lost a family member in a tragic accident, we encourage you to contact the Daspit Law Firm for a free consultation. Our experienced wrongful death lawyers have extensive experience fighting for the rights of accident victims and their families, and we are ready to take immediate action for you.
Why should you rely on our firm to help you through this difficult time?
While no amount of money will ever replace the loss you have suffered, filing a wrongful death lawsuit is one way to offset the considerable economic impact of your loved one’s death. It would also provide an opportunity for your family to hold the responsible party accountable for their wrongdoings.
Contact the Daspit Law Firm for your free consultation: (888) 273-1045.
A fatal accident can leave surviving family members struggling under an unbearable economic burden. Funeral expenses can easily cost thousands of dollars, while the family may also be facing enormous medical bills. Furthermore, the family may have been deprived of its principle source of income, in addition to the potential for lost future inheritances and services rendered to the household.
When you file a wrongful death lawsuit, your family may be able to recover compensation for all of the economic losses you have suffered. You may also be able to recover non-economic damages for your loss of love, companionship, affection, support, and protection. In cases of gross negligence or misconduct, it may even be possible to claim exemplary damages, or “punitive damages.”
By filing a wrongful death lawsuit, you can seek compensation for:
Texas law limits wrongful death claims to the surviving spouse, children, and parents of the person who died. That includes adopted children and adoptive parents. Siblings cannot file, and neither can grandparents, cousins, or unmarried partners, no matter how close the relationship was. Eligible family members can file together in one action or individually. If no eligible family member has filed within three months of the death, the personal representative of the estate may file on the estate's behalf unless the family asks them not to. A separate survival claim, brought by the estate, can recover damages the person suffered before they died.
Families may recover funeral and burial expenses, the medical bills incurred before death, the financial support and household services the person would have provided, lost inheritance, and noneconomic damages for the loss of love, companionship, comfort, and guidance, along with the family's own mental anguish. If the death resulted from gross negligence or a willful act, punitive damages may also be available. A separate survival action brought by the estate can recover the pain and suffering the person experienced between the injury and their death.
Two years from the date of death in most cases. That deadline is strict, and once it passes the claim is generally gone regardless of its merit. A few situations change it: claims against a governmental entity require formal written notice far sooner, sometimes within six months or less; claims on behalf of a minor child may be paused until the child turns 18; and a death caused by conduct that was concealed can, in narrow circumstances, be treated differently. Because evidence and witnesses fade quickly, we encourage families to call early even if they are not ready to make a decision.
They compensate two different losses. A wrongful death claim belongs to the surviving spouse, children, and parents and compensates them for what they lost when the person died: financial support, companionship, and their own mental anguish. A survival claim belongs to the deceased person's estate and recovers what that person themselves suffered before dying, including conscious pain and suffering, medical expenses, and funeral costs. Both can usually be brought in the same lawsuit, and pursuing both is often the difference between a partial and a complete recovery.
Usually not. The majority of wrongful death claims resolve through negotiation or mediation without a trial. We prepare every case as though it will be tried, because a defendant that believes you are ready and able to try the case negotiates very differently, but we understand that a trial is difficult for a grieving family and we will never push you toward one for its own sake. You decide whether to accept a settlement; our job is to make sure the offer in front of you is a fair one.
There is no cost to your family unless we recover. We handle wrongful death cases on a contingency fee, so there are no retainers, no hourly bills, and no fee at all if we do not win. We advance the costs of investigation, accident reconstruction, and expert testimony. Consultations are free and available 24 hours a day at (888) 273-1045, and we will come to your home if that is easier during this time.
Another thing to consider when contemplating legal action over the death of a family member is that the wrongful death lawsuit is about more than just money. In addition to claiming compensation, we can also help you hold the liable party responsible for their negligent actions or omissions.
By doing so, you can not only demand justice for the wrongdoings your family has suffered, but also protect others from similar accidents. Learn more about the benefits of suing for wrongful death and get started on your own case by contacting the Daspit Law Firm for a free case consultation.
We handle wrongful death claims arising from all types of accidents, including:
Call our experienced wrongful death lawyers for a free case evaluation.
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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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