Fort Worth Wrongful Death Lawyers

Few things are as devastating as losing a loved one. The situation becomes even worse when someone is taken by the negligence of another. While it is understandable that many surviving family members are unsure of how to proceed in such situations, it is vital that they take immediate steps to protect their rights. Retaining a qualified attorney is one of those steps. The Fort Worth wrongful death lawyers of Noteboom – The Law Firm have been serving our community since 1977. We practice exclusively in the area of personal injury law and we pride ourselves on striving to provide the highest level of representation. Contact us today to schedule an initial appointment.

DFW attorneys handling wrongful death cases throughout Texas

When a loved one is lost to an accident then their surviving family members may file a wrongful death claim against those responsible for the tragedy. The deceased’s estate may also bring a “survivor action.” The statute of limitations for bringing such a claim is generally two years from the passing, although that is subject to exceptions. Recovering damages will require showing that a negligent or intentional act by the defendants is what caused the tragedy. Under Texas law, these surviving loved ones may recover damages as long as the deceased was not more than fifty percent responsible for the incident.

Damage calculations in a wrongful death case will consist of multiple components. First, the surviving loved ones may be entitled to payment for the deceased’s lost earnings. This will include earnings lost, as a result of the accident, from the time of the incident until their passing. It will also include compensation for money which the individual could have been expected to learn for the rest of their life. Second, compensation may be available for all medical bills and expenses incurred. Third, time and expenses related to dealing with the situation will be compensable. Fourth, compensation may be available for the pain and suffering endured by the deceased. Finally, the surviving members may be compensated for the grief, distress, and aggravation related to the situation in addition to the loss of love and companionship (which is known as loss of consortium).

There are a number of situations which can result in a wrongful death claim. These types of cases may arise from a car accident, a trucking accident, or other types of acts. Once an attorney is retained then counsel will contact the insurance carrier for the defendant(s). It will likely be necessary to retain economic and vocational experts who can offer opinions as to how much money the victim could have expected to earn for the remainder of their lifetimes. If liability is disputed then it may also be necessary to retain additional experts. If a settlement cannot be reached then a lawsuit will be filed. Reasons why the matter may not settle will typically include disputes over the amount of damages or a disagreement over liability. If the matter proceeds to trial, then all issues will be decided by the jury. These types of cases are highly complicated both legally and factually. Having a qualified attorney can be crucial.

Our Fort Worth wrongful death attorneys are able to handle matters throughout the state of Texas. Noteboom – The Law Firm was founded in 1977 and we practice exclusively in the area of personal injury law. Once retained, we will immediately begin identifying all potential parties and will contact the relevant insurance carriers. We have significant financial resources which allows us to retain any necessary experts. Our lawyers will take a team-based approach to building your case. Chuck Noteboom and Brian Butcher are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and we understand that this is a critical time in your life. We will give your matter the attention it deserves.

In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.

Texas injury lawyers handling wrongful death cases stemming from a variety of circumstances

As stated above, there are a variety of situations which can result in a wrongful death. When retaining an attorney, it is important to select a firm which is able to litigate the underlying matter as liability must be established before the jury will award damages. Our firm has the resources necessary to build a case on your behalf. We employ an on-staff investigator and are able to utilize any necessary services when it comes to identifying defendants. We take pride in the high level of service which we provide to the local community.

Common questions regarding wrongful death cases

What is the statute of limitations in a Texas wrongful death case?

The statute of limitations for bringing a claim will generally be two years from the time at which the victim passes away. There are rare exceptions to this rule, but these exceptions (which typically involve tolling) are rare.

Can I receive punitive damages in a wrongful death case?

The fact that a victim has, unfortunately, passed away does not automatically give rise to a punitive damages claim. Punitive damages are awarded in situations involving intentional conduct or reckless disregard for the public’s safety. With that said, punitive damages may be available in situations where an employer’s failure to supervise their employees, or reckless acts by an employee, cause the incident. These types of situations may arise in matters involving commercial vehicle accidents, trucking accidents, and more.

Should I hire a wrongful death attorney near me?

People often search for a wrongful death attorney that is near their residence. It must be understood that these are some of the most complex matters which arise in personal injury law. Choosing an attorney, based solely on geography and convenience, can result in one not necessarily getting the best lawyer for the case. Rather than distance, a victim’s family may wish to consider the law firm’s level of resources and experience in handling such matters.