Wrongful Death

WRONGFUL DEATHS IN THE UNITED STATES

According to the Centers for Disease Control, accidents or unintentional injuries constitute over 160 thousand of all 2016 deaths in the United States. In fact, accidents or unintentional injuries climbed from the fourth to the third leading cause of death in the United States. While the death of a loved one is not a convenient time to consider legal actions, appropriate legal action may bring justice in the wake of a wrongful death.

WHAT IS A WRONGFUL DEATH CLAIM?

A wrongful death action arises when someone dies due to another’s acts or omissions. Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death claims in Texas. Survivors who may bring a wrongful death claim include the surviving spouse, children, parents, and, in some cases, the decedent’s executor or an administrator.

WHAT ARE MY OPTIONS?

The death of a loved one is a catastrophic event. The party responsible likely understands the high stakes of the incident and will resist efforts to make right of the event. Don’t struggle to achieve closure alone. Hire an experienced attorney to bring the responsible party to justice.

WHAT CAN I RECOVER IN A WRONGFUL DEATH CASE?

We strive to maximize every client’s recovery. Among the damages Diab Law Firm will help you recover are:

  • Medical expenses
  • End of life expenses
  • Loss of companionship
  • Lost wages
  • Pain and suffering
  • Lost rights of inheritance

Every case is different. Call to discuss your individualized damage model. The consultation is free.

FAQ’s

To what extent can I recover my loved one’s lost wages?

Lost wages are a major component of most damage models. Diab Law Firm strives to recover not only wages lost during life but also the sum of foregone future wages given a reasonable anticipated lifespan.

How will a wrongful death case make me whole?

Though nothing can bring back your loved one, a sophisticated attorney can help you achieve closure. Diab Law Firm will fight to recover the costs of medical expenses, end of life expenses, lost wages, the sum of foregone future wages, loss of companionship, and more. DLF aims to hold the responsible party accountable and bring them to justice while deterring them from continuing to commit the acts that cost you so dearly.

Can I recover punitive damages?

Possibly. Texas law permits the recovery of punitive damages when the death is caused by intentional or grossly negligent acts or omissions. The potential for punitive damages must be analyzed on a case-by-case basis. Diab Law Firm strives to recover punitive damages whenever possible.

How much do you charge?

Diab Law Firm charges nothing up-front, and you will pay nothing unless we win your case. DLF will advance all costs, even the cost of litigation, so you will never go out-of-pocket for your case.

How long will my case take?

It depends. The length of a case turns on many factors, such as the circumstances leading to the death, the insurance companies involved, whether litigation is required, and other factors.

Do I have a case?

You might. The viability of each case depends on factors too numerous to list here. Please call for a free, no-obligation case assessment.

What can I recover in a wrongful death case?

Sophisticated counsel will construct a damage model for your case and assist you in recovering the following:

  • Medical expenses
  • End of life expenses
  • Loss of companionship
  • Lost wages
  • Pain and suffering
  • Lost rights of inheritance, if any

Every case is different. Call to discuss your individualized damage model. The consultation is free.

The responsible party is denying involvement and/or liability. Can you still help?

Very possibly so. The expertise of an attorney with knowledge of the law and of our justice system can easily turn the tides in your favor. Call to learn if Diab Law Firm can turn your claim denial into another successful case.

Will my case go to court?

Probably not. Diab Law Firm strives to resolve cases as early as possible to minimize expenses and help clients quickly. Though the Firm prepares every case for the possibility of trial, most cases, even those that require some litigation, do not proceed to trial.

References:

Arias, Elizabeth, Brigham Bastian, et. al. “Deaths: Final Data for 2016.” Center for Disease Control Division of Vital Statistics, https://www.cdc.gov/nchs/data/nvsr/nvsr67/nvsr67_05.pdf.

“Accidents or Unintentional Injuries.” Centers for Disease Control and Prevention National Center for Health Statistics, https://www.cdc.gov/nchs/fastats/accidental-injury.htm.

Tex. Civ. Prac. & Rem. § 71. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm.

For additional information, please see the Firm’s other practice areas: