Wrongful Death Attorneys in Irving, Texas
Losing a loved one is an unimaginable tragedy, especially when the negligence or misconduct of another person or entity causes their death. At David Sanchez Law Group, PLLC, we understand the immense pain and grief accompanying such a devastating loss. Our experienced legal team is dedicated to helping families find justice and hold responsible parties accountable. If you have lost a loved one due to wrongful death, we are here to guide you through the legal process and fight for your rights
Wrongful death occurs when someone’s life is prematurely taken due to another party’s negligent, reckless, or intentional actions. These actions can range from medical malpractice and car accidents to defective products and workplace accidents. In such cases, surviving family members may have the right to seek compensation for their loss.
At David Sanchez Law Group, PLLC, we approach each wrongful death case with compassion, understanding that no amount of compensation can ever replace your loved one. Our team is committed to providing you with unwavering support throughout the legal process, ensuring you have the time and space to grieve while we fight for justice. We are not just your legal representatives but your advocates, always prioritizing your needs and seeking the best possible outcome for your family.
Common Causes of Wrongful Death
Wrongful death can occur in various situations where negligence, recklessness, or intentional misconduct leads to the untimely loss of life. Understanding the common causes of wrongful death can help you identify whether your loved one’s death may be eligible for a wrongful death claim. Here are some common scenarios:
- Car accidents: Motor vehicle accidents, including collisions, pedestrian accidents, or motorcycle crashes, are a leading cause of wrongful death. Negligent driving behaviors such as speeding, driving under the influence, or distracted driving can result in catastrophic consequences.
- Medical malpractice: Wrongful death caused by medical malpractice occurs when healthcare professionals fail to provide the expected standard of care, leading to fatal injuries. This can include surgical errors, medication mistakes, misdiagnoses, or birth injuries.
- Workplace accidents: Work-related accidents can be fatal, especially in industries such as construction, manufacturing, or transportation. Failure to follow safety protocols, inadequate training, or defective equipment can contribute to fatal incidents.
- Product liability: Defective products, whether faulty machinery, dangerous pharmaceutical drugs, or defective consumer goods, can cause fatal injuries. Manufacturers, distributors, and retailers can be held accountable for placing unsafe products in the market.
- Premises liability: Wrongful deaths can occur on unsafe premises due to inadequate maintenance, negligent security, or hazardous conditions. Slips and falls, swimming pool accidents, or assaults due to inadequate security measures can result in fatal outcomes.
At David Sanchez Law Group, PLLC We Also offer the Following Services:
Gathering Evidence in Wrongful Death Cases
When pursuing a wrongful death claim, gathering compelling evidence is crucial to establishing liability and building a strong case. At David Sanchez Law Group, PLLC, our experienced legal team understands the significance of evidence in wrongful death cases. Here are key points to consider when collecting evidence:
- Preserving evidence: Time is of the essence when it comes to preserving evidence. It is important to act quickly to prevent the loss, destruction, or alteration of crucial evidence. This may involve taking photographs of the accident scene, documenting injuries, and securing any physical evidence relevant to the case.
- Witness statements: Witness testimony can be invaluable in establishing the sequence of events leading to wrongful death. It is essential to interview witnesses and obtain their statements while the details are fresh in their minds. Eyewitness accounts can provide critical insights into the cause of the incident and any negligent actions that may have occurred.
- Expert witnesses: In complex wrongful death cases, the expertise of professionals can play a pivotal role. Expert witnesses, such as accident reconstruction specialists, medical professionals, or forensic experts, can provide specialized knowledge and analysis that strengthens your case. Their testimony can help establish the link between negligent actions and the fatal outcome.
- Technological evidence: In the digital age, technology can be a valuable tool in collecting evidence. Surveillance footage, dashcam videos, or data recorders can provide visual evidence that supports your claims. These technological pieces of evidence can provide an unbiased account of the events leading up to the wrongful death, helping establish liability.
Take the First Step and Talk To an Experienced Irving Wrongful Death Attorney
If you have lost a loved one due to wrongful death, we encourage you to take the first step toward justice. Contact our Irving personal injury attorney at David Sanchez Law Group, PLLC today via (972) 529-3476 for a confidential consultation. Our compassionate legal team is here to listen, support, and guide you through this challenging process. Let us help you seek the justice your loved one deserves.
Frequently Asked Questions About Wrongful Death
The deceased’s parents, surviving spouse, and children can typically file a wrongful death claim. If none of these parties exist, a personal representative of the deceased’s estate may pursue the claim.
In most cases, the statute of limitations for filing a wrongful death claim in Texas is two years from the date of the individual’s death. However, exceptions and unique circumstances may impact this timeframe, making it crucial to consult with an attorney as soon as possible.
Damages that can be recovered in a wrongful death claim may include medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and emotional pain and suffering. The specific damages in a wrongful death claim vary depending on specific circumferences.
It is not uncommon for wrongful death cases to settle in Texas, as in many other jurisdictions. Settlements can occur when the parties involved, including the responsible party and the surviving family members, reach an agreement to resolve the case outside of court. However, whether a case settles or goes to trial depends on various factors, including the specific circumstances of the case, the strength of the evidence, and the positions of the parties involved.
If the only people who can file a wrongful death claim are minors, the process may be more complex. In such cases, minors may not have the legal capacity to file a lawsuit on their own behalf. The minor will need a guardian or a representative to file the wrongful death claim on their behalf. The appointed representative, often a legal guardian, acts as a legal representative for the minor and pursues the claim on their behalf.
The difference between a murder and a wrongful death lies in the intent and legal classification. Typically murder is a intentional and falls under a criminal offense. Whereas a wrongful death often times is a complete accident and unintentional and falls under personal injury.
In Texas, it is generally not possible to sue for your own pain and suffering as a result of losing a loved one to wrongful death. Wrongful death claims primarily focus on the damages suffered by the surviving family members, such as loss of financial support, loss of companionship, and mental anguish.
When you hire an Irving wrongful death lawyer you are setting yourself up for the best possible results. You will want to have an attorney to help you through this difficult process. Filing a wrongful death claim is a complex process and having a lawyer who has done that before will make it much easier.