Grapevine Wrongful Death Lawyer

The unexpected loss of a loved one is an extremely difficult situation. When a death occurs because of the fault of another party, the loss can feel even more devastating. Under state law, you may have the right to file a civil lawsuit against the responsible party as part of a wrongful death claim.

If you have questions about what this means for you, you need advice from an experienced Grapevine wrongful death lawyer. Brant Stogner is a personal injury attorney with more than a decade of experience helping families with wrongful death claims and other legal matters. When you need guidance, Brant is an attorney you can turn to for help.

What Is a Wrongful Death Claim?

Wrongful death claims have two main purposes: to provide financially for close family members after an unexpected loss, and to hold responsible parties accountable for their part in the death of an individual. Under Texas Civil Practice and Remedies Code § 71.004, only the surviving spouse, children, or parents of the deceased have the legal standing to bring a wrongful death suit. If the person who passed away did not have any relatives who can file a suit, then a personal representative may also file suit on behalf of the deceased’s estate. Only one wrongful death action can be brought, so all eligible beneficiaries will be brought into a single lawsuit, regardless of which of them files the case. The jury will determine how to divide any damages won between the beneficiaries based on each party’s personal loss rather than by a predetermined formula.

A wrongful death lawsuit is a civil matter and proceeds separately from any criminal charges that may also apply to the situation. Under the state’s statute of limitations outlined in Tex. Civ. Prac. & Rem. Code § 16.003, wrongful death claims must be filed within two years from the date of the death. However, there are exceptions that may affect the wrongful death claim deadline, so it is critical to confirm the correct date with a Grapevine lawyer.

Damages Available in a Wrongful Death Case

There are two main types of damages available in a wrongful death claim: economic damages and non-economic damages. Economic damages, which are sometimes also called compensatory damages, are for losses that have a defined dollar amount attached to them. In a wrongful death case, this is usually the loss of the deceased’s earning capacity as well as the dollar value of the care, support, and counsel that they would have provided had they not passed away. Under state law, there is no cap for compensatory damages in wrongful death cases except in medical malpractice cases.

Non-economic damages, on the other hand, are for harder-to-quantify losses like mental pain and anguish and the loss of companionship suffered by grieving family members. Typically, courts rely on medical records, psychological evaluations, testimony from the claimants, and other witness testimony about how the loss affects the claimants’ daily life and emotional well-being to establish the amount of non-economic damages.

In cases where the claimant can also prove by clear and convincing evidence that the death resulted from fraud, malice, or gross negligence, state law also authorizes the court to award exemplary damages. However, under Tex. Civ. Prac. & Rem. Code § 41.008, they are currently capped at the greater of $200,000, or two times economic damages plus non-economic damages up to $750,000.

An attorney in Grapevine could evaluate your case and determine what types of damages may be available in your wrongful death case.

Reach Out to a Grapevine Wrongful Death Attorney for Help

While damages cannot make up for the loss of a loved one, wrongful death claims can provide economic stability for grieving families who now have to figure out what their new normal will look like. Wrongful death claims also hold those who were in the wrong accountable for their actions and warn others that they will be held accountable too if their behavior hurts others.

Grapevine wrongful death lawyer Brant Stogner has helped many other Texas families pursue their wrongful death claims. If you need assistance with your case, you can turn to him for professional, compassionate legal advice. Contact us today to learn more.