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Issues to consider regarding filing a wrongful death claim

Many Texas families will likely have their 2019 holiday season interrupted by tragedies stemming from motor vehicle collisions. Numerous issues, such as distracted driving, driver intoxication and recklessness may be causal factors in such crashes that, for some, will result in the unexpected deaths of loved ones. The state allows immediate family members of accident victims who are fatally injured to file a wrongful death claim when they believe another person or people's negligence was responsible for a loved one's death. 

The plaintiff in a wrongful death case is tasked with proving certain elements in court. The court acknowledges that every motorist has a fiduciary duty to travelers sharing the roadway. However, to convince the court to rule against a defendant in a wrongful death case, the plaintiff must prove that the defendant was negligent and that said negligence was a direct cause of the accident victim's death.

Seeking compensation through a personal injury claim requires a plaintiff to list damages that occurred as a direct result of a defendant's negligence or reckless behavior. When a loved one has died, such damages often include emotional trauma, funeral expenses, loss of current wages and future earning potential, as well as loss of companionship and other issues. State laws vary regarding damages, which is one of many reasons it pays to seek legal consultation rather than representing oneself in court.

Suffering the loss of a loved one during the holidays is not only devastating in the current moment, it has long-term effects because all holidays in the future will no doubt remind those involved of their sorrow. Many Texas families say they found comfort in seeking justice on behalf of their loved ones by filing a wrongful death claim against those deemed responsible for tragedies that were easily preventable. While no amount of court-ordered compensation can replace the loss of a human life, such monies can provide financial relief for those who are grieving.

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Don't talk to an insurance company without first talking to an experienced, knowledgeable personal injury attorney. Contact us online or call 972-332-5841 today to find out the best way to approach your motor vehicle, personal injury or wrongful death case. We work on a contingency fee basis, which means we only get paid if you collect on your personal injury claim-and we don't charge you to assist with the property damage portion of your claim. From our office in Grapevine, we help people throughout the Dallas-Fort Worth Metroplex and the entire state of Texas. Hablamos Español.

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