We Focus on Wrongful Death Claims in Tyler, Tx and surrounding areas

The main factor in any wrongful death case is the negligence of the defendant. When someone does something they shouldn’t have or doesn’t do something they should, they are negligible. And if this results in someone’s death, the survivors have a right to claim wrongful death.

In order to file a case of wrongful death, you or your attorney have to prove the following:

• A legal duty was owed (It is a driver’s legal duty to not operate their vehicle under the influence of drugs or alcohol)
• A legal duty was breached (If a driver is under the influence of drugs or alcohol and gets behind the wheel, they breached their legal duty as a driver)
• The breach of duty caused an injury (Either physical injury, such as death, or property damages)
• Monetary damages occur as a result of the incident (Including medical bills, loss of income, or funeral expenses)

If you can prove that your loved one’s death was the result of someone else’s negligence, you have the right to file for total compensation of losses incurred as a result of their death.

Do I Qualify to Sue for Wrongful Death?

Laws in Texas dictate who can sue for wrongful death. In order to sue, you have to meet one of the following criteria:

• Be the surviving spouse of the deceased
• Be the surviving child of the deceased (either adult or minor)
• Be the surviving parent of the deceased
• Be the legally adopted child of the deceased
• Be the surviving adoptive parent of the deceased
• Be the personal representative of the estate of the deceased

If you meet any of these criteria, you have a right to sue for compensation. However, Texas law also has a statute of limitations when wrongful death is concerned. A claim must be filed within two years of the death unless one of the following is true:

• The plaintiff of the wrongful death lawsuit is a minor child.
• The negligence of the named defendants wasn’t known during that 2-year period.
• A mental or physical impairment of the plaintiff prevented filing during the 2-year period.
• Fraud.

If you don’t file a claim within two years from the date of death, and none of the above are true, then you would not be able to receive compensation for the death.

It’s important to remember that wrongful death claims are civil action lawsuits. You have a right to compensation, even if no criminal charges are filed against the defendant.

What Compensation Am I Entitled To?

There are two main types of compensation you can receive when filing a claim for wrongful death. The first deals with damages owed to the deceased as a result of death. This includes, but is not limited to:

• Medical expenses
• Funeral expenses
• Pain and suffering for the deceased
• Lost wages
• Burial Expenses

The second type of compensation deals with damages owed to those who survive the deceased. They include, but are not limited to:

• Lost earning capacity
• Lost support and care
• Mental and emotional pain and suffering
• Loss of comfort and companionship
• Loss of inheritance

Essentially, when you are filing a lawsuit for wrongful death, you are seeking compensation on behalf of yourself and the deceased. You are able to collect for damages on both accounts.

If you have lost a loved one due to the negligence or carelessness of someone else, you have a right to receive compensation for your loss. Call Vickery Law Firm today at 903-504-5490 to discuss your options and what you could receive from filing a lawsuit. No one deserves to suffer the pain and loss alone, and Attorney Vickery is ready to support you and your family.