Experienced Wrongful Death Attorney in Plano, Texas Seeks Justice
Highly responsive counsel for grieving families in the Dallas–Fort Worth area
If you have lost a beloved family member in a car accident or because of some other preventable event, you may have the right to file a wrongful death lawsuit and recover compensation. It’s true that no amount of money can ever make up for your loss, but a wrongful death judgment at least imposes a cost on a wrongdoer, which is some measure of justice. Moreover, a damage award can ease any financial burden associated with your loved one’s death. At the Law Offices of Kevan I. Benkowitz, we are determined to provide high-quality legal representation in wrongful death cases. We take a hands-on approach to all accident litigation, so you can have confidence in our commitment at every stage of the process as we work to resolve your case on the best terms possible.
Who can be liable for a wrongful death claim?
The Texas wrongful death statute allows an action for damages when a person’s “wrongful act, neglect, carelessness, unskillfulness, or default” causes another person’s death. However, liability is not limited to the party whose act or omission actually caused the death; if that person was acting on behalf of another person or group, they can also be held liable. Therefore, an employer, a business, or a government entity could potentially be liable for a wrongful death.
For example, if a doctor kills a patient through an act of medical malpractice, the hospital might be liable. If a delivery driver struck and killed a pedestrian, the company employing the driver could be liable. And if a police officer negligently killed a bystander in the course of the officer’s duty, the city could be liable.
Understanding the wrongful death claim process in Plano
Those who have standing to file a wrongful death claim include a surviving spouse, children, and parents of the deceased. Usually, one person brings suit for the benefit of all. When separate actions are filed, the court consolidates them into a single case. If eligible parties do not file an action within three months of the death, an administrator or executor of the estate may file unless the eligible parties request that person not to file.
Damages in a Texas wrongful death claim are designed to compensate family members for their losses, which can include:
- Loss of financial support
- Lost care, maintenance, and services
- Mental anguish
- Lost love, companionship, society and consortium
- Lost inheritance
In certain cases where a defendant’s conduct leading to the death has been particularly egregious, or exemplary, the court may award punitive damages. These are not meant to compensate the victims but to punish the wrongdoer.
When the deceased did not die immediately but suffered a personal injury that later led to death, an estate representative can also file a survival action to recover the deceased’s losses, including:
- Conscious pain and suffering
- Loss of income over the deceased’s projected lifetime
- Medical expenses
- Funeral and burial expenses
In cases where a government employee or agency is responsible for the death, special rules apply.
If you are considering a wrongful death action, you should contact an experienced attorney as soon as possible to learn more about your rights. An insurance company may approach you with a settlement offer, but never sign anything until you have consulted a qualified attorney. At the Law Offices of Kevan I. Benkowitz, we can evaluate your case, explain your options and help you make the best decisions possible to secure the full compensation you deserve.
For a free consultation about your wrongful death claim, contact our Plano law firm
If you have lost a loved one due to negligence, you can trust the Law Offices of Kevan I. Benkowitz to fight for the compensation you rightly deserve. We offer free consultations for new clients. Call us at 972-464-2645 or contact us online to schedule an appointment.