Wrongful Death Lawyer In Dallas & Fort Worth
If you believe a loved one was the victim of wrongful death and intend to file suit, arming yourself with information on wrongful death claims is essential. A wrongful death lawyer from The Law Offices of Regis Mullen & Shane Mullen can advise you of your rights under the law. In general, wrongful death claims arise when the death of an individual is believed to have resulted from the conduct or negligence of another.
The following wrongful death facts and FAQs may be helpful:
- In a wrongful death claim, the suit is filed by family members or estate of the decedent. The section on â€śWho can file a wrongful death suit?â€ť contains information about qualifications to file in Dallas/Fort Worth.
- A wrongful death claim is brought in a civil action as enumerated by statute.
- The purpose of a wrongful death claim is to recover damages for the emotional and financial injuries to the surviving family or estate as a result of the victimâ€™s death. This does no include damages that are personal to the decedent
Who can file a wrongful death suit?
In the state of Texas, there is a legal distinction between the persons able to file a wrongful death suit and the person who are beneficiaries. Wrongful death attorneys can provide specific information in your case. According to the law in Texas, those who can file a wrongful death claim are strictly limited to the decedents:
- Surviving spouse
- Child or multiple children
- Parent or legal guardian
Can siblings file a wrongful death suit?
In the state of Texas, siblings do not have the right to bring a lawsuit. For reference, see Castillo v. Hildago County Water District, 771 SW2d 633 (Tex. App. Corpus Christi 1989).
Wrongful Death Claims Filed by an Estate
Texas law states that if the surviving spouse, parents or children donâ€™t file a wrongful death suit within 3 months, the decedentâ€™s executor or administrator has the right to file a suit. The exception is if the estate was forbidden by the surviving family to file the lawsuit. A wrongful death lawyer can advise you regarding the law in your situation. For reference, see Tex. Civ. Prac. & Rem. Code 71.004.
Filing a Wrongful Death Lawsuit in Texas
If you wish to file wrongful death suit in Texas, consult with a qualified wrongful death lawyer for advice that is specific to your case. Under Texas law, you will need to prove that:
1. The defendant caused the death of your loved one through a wrongful act, neglect, carelessness, un-skillfulness or default.
2. The defendant is a proprietor, owner, charterer or hirer of an industrial or public utility plant or of a railway, street railway, steamboat, stagecoach or other vehicle for transportation of good or passengers and that the injury was caused by the person or his agentâ€™s wrongful act, neglect, carelessness or un-skillfulness.
3. That the defendant is a receiver, trustee or person in charge or control of the railway, stagecoach, steamboat or vehicle for the transportation of goods or passengers, of an industrial or public utility plant or other machinery. In addition, the injury must have been caused by the personâ€™s wrongful act, neglect, carelessness, un-skillfulness or unsafe condition under the control or operation of the defendant.
4. That the defendant is a receiver, trustee or person in charge of a railway, stagecoach, steamboat or vehicle for the transportation of goods or passengers, of an industrial or public utility plant or other machinery and the action could have been brought against the owner, if he had been acting as operator.
This information is intended to help you prepare for filing a wrongful death suit. However, the information is not intended to replace sound legal advice from a qualified wrongful death attorney. Allow the wrongful death attorneys at The Law Offices of Regis Mullen & Shane Mullen partner with you in your quest for justice. Contact our law firm for a free legal consultation with a wrongful death lawyer in the Dallas/Fort Worth area.
When a wrongful death claim is anticipated, it is crucial to preserve evidence and quickly begin an investigation into the cause of the accident. In addition, it is imperative to file a law suit prior to the statue of limitations deadline. If a loved one has been a victim of wrongful death, call The Law Offices of Regis Mullen & Shane Mullen at (214) 747-5240 or submit a simple case form online. The initial consultation with a wrongful death lawyer is free and, if we accept your case, our wrongful death attorneys work on a contingency basis and only get paid if we recover compensation for you. If your loved one has been the victim of wrongful death, you may be entitled to compensation for your injuries, but you must file before the statue of limitations expires. Donâ€™t delay; call our law firm to schedule your free consultation.
The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts
and circumstances of a particular, specific case and the relevant law.