The emotional and financial strain from a loved one’s wrongful death can be unbearable, leaving you with more questions than answers. Freese & Goss’s wrongful death attorneys understand that you need not just a legal advisor, but a supportive ally who can fight tirelessly for the justice and compensation your family deserves.
At Freese & Goss, our Dallas Wrongful Death Lawyer has a proven record of recovering substantial compensation for wrongful deaths. With our verdicts and settlements, we are a trusted advocate for families affected by wrongful death.
We understand that no amount of money can replace the presence of a loved one. As a dedicated Dallas Wrongful Death Lawyer team, our representation goes beyond pursuing financial compensation — we are here to support you through one of life’s most challenging experiences. The Dallas Wrongful Death Lawyer attorneys at Freese & Goss provide personalized, compassionate, and empathetic attention to every client, ensuring you are never alone during this difficult time.
Wrongful death accidents in Dallas, Texas, present a profound and tragic reality for many families. A wrongful death occurs when an individual dies as a result of the negligent, reckless, or intentional actions of another party. Understanding the intricacies of wrongful death claims is crucial for those seeking justice and compensation for their loss. If you have lost a loved one due to someone else’s negligence, consulting a skilled Dallas Wrongful Death Lawyer can help you navigate the complex legal process. Experienced Dallas Wrongful Death Lawyers work to protect your rights and pursue the compensation your family deserves during this difficult time.
In Texas, a wrongful death claim can be pursued if a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another. These claims can arise from various circumstances, including car accidents, medical malpractice, workplace accidents, defective products, and criminal activities. In Dallas, car accidents are a significant source of wrongful death claims, given the city’s dense traffic and frequent roadway incidents.
In Texas, the law stipulates that only specific individuals have the legal standing to file a Texas wrongful death lawsuit. These include:
1. Surviving Spouse: The spouse of the deceased can file a claim to seek compensation for the loss of companionship and financial support.
2. Children: Both minor and adult children of the deceased can pursue a claim. This includes biological and legally adopted children.
3. Parents: The parents of the deceased can also file a wrongful death cases.
If none of these parties files a claim within three months of the death, the executor or administrator of the deceased’s estate can pursue the claim unless explicitly requested not to by the surviving family members.
To successfully pursue a wrongful death lawsuit in Dallas, several key elements must be proven:
1. Duty of Care: It must be established that the defendant owed a duty of care to the deceased. For instance, in a car accident, every driver owes a duty of care to operate their vehicle safely.
2. Breach of Duty: It must be demonstrated that the defendant breached this duty of care. This could involve actions such as speeding, driving under the influence, or medical negligence.
3. Causation: There must be a direct link between the breach of duty and the death of the individual. The plaintiff must prove that the defendant’s actions directly caused the fatality.
4. Damages: The plaintiff must show that the death resulted in specific damages, such as funeral expenses, loss of income, loss of companionship, and emotional distress.
In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s death. This means that the lawsuit must be filed within this timeframe, or the right to pursue compensation may be forfeited. There are certain exceptions to this rule, such as cases involving minors or instances where the defendant is a government entity, which may have different limitations and procedural requirements. A Dallas Wrongful Death Lawyer can help you understand these rules. Contact a Dallas Wrongful Death Lawyer to protect your rights and file your claim on time.
Compensation in a wrongful death lawsuit in Texas can cover both economic and non-economic damages. Economic damages may include:
– Funeral and burial expenses
– Medical expenses related to the deceased’s final illness or injury
– Loss of the deceased’s expected income
– Loss of inheritance
Non-economic damages may encompass:
– Loss of companionship and consortium
– Mental anguish and emotional pain suffered by the surviving family members
In some cases, punitive damages may be awarded if the defendant’s actions were particularly egregious or reckless, serving as a punishment and deterrent for similar conduct in the future.
Navigating a wrongful death claim can be complex and emotionally taxing. The aftermath of a wrongful death can be chronically impactful, from a loss of income to funeral expenses. Engaging an experienced wrongful death attorney in Dallas is crucial to ensure that your claim is handled effectively. An attorney can provide invaluable support in gathering evidence, negotiating with insurance companies, and representing the family in court.
Freese & Goss’s wrongful death attorneys stand as a stalwart advocate, dedicated to ensuring that responsible parties are held accountable, and your family’s financial future is secure. Our attorneys offer invaluable support in gathering evidence, negotiating with insurance companies, and representing the family in court.
Select Freese & Goss as your reliable ally for Wrongful Death claims. Our team has extensive experience, with over 77 years of combined experience and dedication, we have consistently represented clients in diverse personal injury cases, including car accidents, motorcycle injuries, truck accidents, wrongful death claims, and more. We firmly believe that access to great legal services should not financially burden those who need it the most. For this reason, Freese & Goss, your trusted Dallas Wrongful Death Lawyer, operates on a contingency-fee basis. What this means is you do not pay us unless we win your case. As a dedicated Dallas Wrongful Death Lawyer, we ensure our interests are aligned with yours as we work tirelessly toward achieving rightful compensation for your family.
We offer a free initial consultation where we will assess your case’s viability and provide an in-depth understanding of your legal options. This meeting is a private, no-obligation session where you can ask questions and we can get to know each other.
In the end, our mission is clear — to support and seek justice for those who have unjustly lost a family member. If you’re ready to take the first step towards just compensation for the wrongful death of your loved one, contact Freese & Goss. The path to justice begins with your call. Let us fight for you. So, don’t hesitate to reach out to us and schedule your free consultation today.
The taxation of wrongful death settlements can be complex and vary depending on the state you're in. Most compensatory damages from wrongful death settlements are not taxable at the federal level, however, there are certain exceptions to the taxability of your wrongful death settlement. For more in depth information contact our Dallas wrongful death attorneys today!
The division of compensation among family members in a wrongful death case can be complex and varies depending on several factors. These factors include: The Texas Wrongful Death Act, Distribution methods, Types of damages and their division, Role of executor/personal representative, Influence of wills or estate plans, Disputes among beneficiaries, and Tax implications.
Other factors that are also considered in division of settlement include:
- Relationship to the deceased
- Financial dependence on the deceased
- Age of beneficiaries (especially for minor children)
- Individual losses suffered by each beneficiary
It's important to note that each case is unique, and the exact division can vary significantly based on individual circumstances. Working with one of our experienced Dallas wrongful death attorney can help ensure a fair division among family members.
When the person responsible for a wrongful death also faces criminal charges, it creates a complex situation involving both criminal and civil legal processes. The criminal case can strengthen your civil case significantly and may lead to summary judgment on liability in your civil case.
It's crucial to work with an experienced Dallas wrongful death attorney who can navigate the complexities of a case involving criminal charges. They can help coordinate with prosecutors, time the civil case appropriately, and maximize the potential for recovery. For more in depth information contact our personal injury lawyers now.
When the responsible party in a wrongful death case lacks sufficient insurance or assets to fully compensate the victim's family, several challenging scenarios can unfold:
1. Limited recovery:
- Compensation may be restricted to available insurance limits
- This often results in less than full compensation for damages
2. Underinsured motorist coverage:
- In vehicle-related deaths, the victim's own auto policy may provide additional coverage
- This can help bridge the gap when the at-fault party is underinsured
3. Pursuing personal assets:
- If insurance is insufficient, the defendant's personal assets may be targeted
- This includes property, savings, investments, etc.
- However, if the defendant has few assets, recovery may still be limited
4. Judgment liens:
- A lien can be placed on the defendant's property
- This secures the debt for potential future payment
- However, if the defendant has no significant assets, this may not be effective
5. Wage garnishment:
- A portion of the defendant's wages may be garnished over time
- This can provide some ongoing compensation, but often at a slow rate
6. Bankruptcy issues:
- The responsible party might file for bankruptcy
- While some judgments may be non-dischargeable, collection can become very difficult
7. Alternative liability sources:
- Attorneys may seek other potentially liable parties (e.g., employers, product manufacturers)
- This can open up additional avenues for compensation
8. Structured settlements:
- Even with limited funds, payments might be arranged over time
- This can provide some long-term financial support to the family
9. Negotiating with creditors:
- Medical providers or other creditors might agree to reduce bills
- This can help stretch limited compensation further
10. State victim compensation funds:
- Some states offer funds to help victims of crimes
- These may apply in certain wrongful death cases, providing some additional support
11. Legal fee adjustments:
- Attorneys might adjust their fees based on the available recovery
- This can help ensure the family receives more of the limited compensation
It's crucial to work with an experienced Dallas wrongful death attorney in these situations. They can:
- Thoroughly investigate all potential sources of compensation
- Develop strategies to maximize recovery
- Provide realistic expectations about potential outcomes
- Help families make informed decisions about pursuing legal action
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