Legal Representation After the Loss of a Loved One
There is truly nothing more difficult than the sudden and tragic loss of a loved one. What may be worse, however, is losing someone you loved due to someone else’s negligence. When someone has a duty of care towards you or one of your loved ones, you expect that that duty of care is respected and kept intact. Sadly, there are many people who simply don’t take their responsibilities seriously, and when they break their duty of care, it can lead to a tragic, fatal accident.
The Lenahan Law Firm offers compassionate and caring counsel to families who have lost a loved one due to another person or party's negligence or neglect. While no amount of money can replace your loved one, the fatal accident lawyers in Dallas at The Lenahan Law Firm fight diligently to help victims and their families receive the justice they may deserve under the law. After a wrongful death, you and your family may be entitled to receive compensation for a number of expenses that you had to experience due to the death of your loved one, but doing so can be difficult without the help of an experienced attorney. If you have lost a family member due to someone’s negligence, call The Lenahan Law Firm at (214) 295-1008 for a free consultation, as well as passionate and skilled legal help.
What Are Some Types of Fatal Accidents in Dallas?
Families who have lost a loved one due to another person or party's negligence are often left in uncertain positions, both emotionally and financially. While a claim cannot fix the damage that has already been done, it does at least mean family members of the deceased are entitled to seek damages for their losses. We have worked with many families seeking justice and compensation for the death of a loved one. In our experience, some of the more common fatal accidents include:
- Fatal Truck Accidents. Truck accidents can be particularly devastating. The sheer size and weights of these vehicles can make these accidents much more serious. The likelihood that individuals in passenger vehicles will be seriously injured or killed is far higher for these kinds of accidents. Truck companies and drivers are required to have high value insurance policies to compensate victims and families should an accident occur. Our attorneys can identify the stakeholders who may be responsible following a fatal truck accident. This can include truck drivers, truck companies, shipping companies, insurers, and other parties.
- Murder or Homicide. Violent actions are subject to criminal law, but families may also have the right to pursue a wrongful death claim following the loss of a loved one due to violence.
- Fatal Bike Accidents. Bikers don't have the protective chassis of a car. At best, they have their helmets. Bike accidents can be devastating. A small error on the part of a driver can lead to serious and catastrophic injuries for bikers. We can review the circumstances of your loved one's accident and fight to help you receive the claim you may deserve under the law. In some cases, laws regarding bike lanes can be ambiguous. A qualified attorney can help you and your family build the strongest case possible under the law.
- Deaths Resulting from Crimes. If your loved one died as a casualty while a crime was in progress, your family may be entitled to make a wrongful death claim.
- Fatal Oilfield Accidents. Oilfields can be incredibly dangerous workplaces. When deaths occur on the oilfield, families may be entitled to make a claim for the loss of their loved one. The Lenahan Law Firm can evaluate workplace conditions to determine whether the oil company failed to take action to protect workers. These companies must provide workers with proper safety training and gear. Oil companies make immense profits and sometimes cut corners to increase their bottom lines. Your family may be entitled to receive justice if these cut corners resulted in your loved one's death.
- Fatal Bus Accidents. Like truck accidents, bus accidents can result in serious injuries. The Lenahan Law Firm can review your case and help you and your family seek justice under the law, following wrongful death due to a bus crash.
- Fatal Pedestrian Accidents. Pedestrians are vulnerable road users. When drivers are distracted, drunk, speeding, or when they violate the rules of the road, pedestrians can suffer serious injuries or death. The Lenahan Law Firm can help families seek answers and justice after a loved one's pedestrian death.
- Fatal Firearm Accidents. Gun owners have a responsibility to secure their guns. When gun owners fail to be responsible regarding their firearms, the consequences can be immense. Victims may be entitled to seek damages for their loved one's death.
- Fatal Car Accidents. Car accidents are one of the leading causes of death in the United States. If you have lost a loved one due to a car accident, our attorneys may be able to help you seek compensation and justice on behalf of your loved one.
- Fatal Motorcycle Accidents. Motorcyclists, like bicyclists, don't have the protective chassis of a vehicle in the event of a crash. Riders are more likely to die in a crash than passenger vehicles. If you have lost a loved one due to a fatal motorcycle accident, contact The Lenahan Law Firm today.
Of course, this list hardly covers all of the ways that someone can die due to negligence. There are a number of accidents and negligent acts that could lead to a person losing their life. So long as it was caused by negligence, then you should be able to file a wrongful death claim and receive proper compensation from the person responsible. Of course, a claim will never bring your loved one back or heal your emotional trauma from the loss, but it can at least mitigate the financial burden that their loss left you with.
Filing a Wrongful Death Claim
Not everyone is legally allowed to file for wrongful death. A wrongful death claim is meant to benefit the family of the deceased victim, allowing them to recover financially. Given that purpose, there are a select few people who can actually make a wrongful death claim and benefit from it. Whether or not you can will depend on your relationship to the deceased.
- A spouse
If you do not fall within these categories, then you can’t file a wrongful death claim in Texas. It is important to note that adopted children and parents can file a claim, despite not being related genetically to the deceased, so long as the adoption process was legal and fully completed before the victim’s death. A claim can be filed by the family as a unit, including the spouse, any children, and surviving parents, or it can be filed by an individual.
However, you should always remember that there is a statute of limitation, as in a time limit, to these kinds of claims. In Texas, you have two years after the date of your loved one’s death to file a claim. If you do not file within this time, you will be legally barred from doing so in the future. While there are some exceptions to the statute of limitations, you should never count on falling within those exceptions. Instead, assume that you need to file within two years in order to be granted compensation.
What You Can Claim For
After suffering the loss of a loved one, money may be the last thing on your mind. Unfortunately, finances are a very real concern that you may have to face while in the mourning process. There are funeral costs, medical bills that your loved one may have incurred before their death, and the loss of income if your loved one was helping support your family. The Texas courts understand this burden and acknowledge certain types of costs that you can recover in a claim. These include:
- The medical expenses your loved one incurred prior to passing away. Medical bills are hard enough to pay without having to contend with the loss of someone you loved. However, emergency personnel, ambulance services, and surgery may be included in a wrongful death claim.
- Your loved one's pain and suffering prior to death. A qualified fatal accident lawyer can review your loved one's cause of death and medical records alongside medical experts to estimate the value of your family's pain and suffering claim.
- Funeral expenses and burial costs. The sudden loss of a loved one can lead to unexpected funeral and burial expenses. A Dallas wrongful death claim can include these expenses.
- Lost wages. If you have lost your family's primary breadwinner, you may be wondering how you'll make ends meet. A wrongful death claim can include wages lost due to your loved one's fatal accident.
- Loss of care, guidance, or nurturing. The loss of a loved one is an immense trauma. Children may lose their primary caretaker and families may need to hire babysitters or caretakers. The loss of a loved one can mean the loss of guidance and counsel, which has a value. The Lenahan Law Firm can assist you with estimating the value of these claims.
- Loss of consortium. Spouses may be entitled to seek damages following a loved one's wrongful death for the loss of companionship of losing a partner.
The Dallas fatal accident lawyers at The Lenahan Law Firm understand that the loss of a loved one can be devastating. However, it is important to act swiftly if your loved one has passed away due to another person or party's actions. You and your family may only have a limited amount of time to make a claim under the law. That is why you need to contact an experienced attorney as soon as possible.
The Lenahan Law Firm Is Here to Help
Any fatal accident can be sudden and devastating for families. You may be suffering from a range of emotions, including grief, sadness, and anger. While the last thing on your mind might be bills, the costs following a loved one's death can add up quickly. You shouldn’t be left drowning in debt while also trying to heal from the tragic passing of a deeply loved family member. Contact The Lenahan Law Firm at (214) 295-1008 and let us evaluate your fatal accident claim at no cost to you.