Wrongful Death Attorney in Fort Worth

The pain of losing a family member can be compounded by shock and anger if you learn that their death could have been avoided if someone else had been more responsible.

Surviving family members have the right to seek accountability and justice when someone else’s negligence leads to wrongful death in Fort Worth. If your family is dealing with the aftermath of a fatal accident, our Fort Worth wrongful death attorneys can handle all legal aspects of your wrongful death claim while your family focuses on grieving and healing.

We Have Some of the Best Wrongful Death Lawyers in Fort Worth

At The Wilhite Law Firm, our attorneys exclusively focus on protecting the interests of people who have suffered losses due to other people’s negligence. We strive to provide personalized, compassionate legal representation to clients during the most challenging events in their lives.

We understand our clients’ pain and frustration from their loss, especially when they have trouble getting the compensation they need and deserve from the insurance companies. We are prepared to fight for the compensation and justice your family deserves.

If you have lost a loved one due to another party’s negligence, turn to The Wilhite Law Firm for a free and confidential case evaluation today. We’re ready to discuss what we can do to demand accountability and justice for your family and your loved one.

Who Can File a Wrongful Death Lawsuit in Texas?

Under the Texas wrongful death statute, only specific individuals can bring a wrongful death lawsuit after an individual’s death.

A Fort Worth wrongful death lawsuit may be filed by:

• The surviving spouse
• Surviving children
• Surviving parents

Any surviving family member who files a wrongful death lawsuit in Fort Worth does so on behalf of all surviving eligible family members. However, if no surviving family members initiate a wrongful death claim within three months of a decedent’s passing, the lawsuit may be filed by the executor or administrator of the decedent’s estate unless all the eligible surviving family members request that no lawsuit be filed.

What Do You Have to Prove in a Wrongful Death Case?

To succeed in a wrongful death case, you will need to prove that the death would not have occurred but for the actions or omissions of the at-fault party. That does not mean proving the party who caused your loved one’s death committed a crime. Any criminal proceedings are a separate matter from the civil wrongful death lawsuit.

In addition, a successful wrongful death case will also require you to prove the losses you and your family have sustained and can be financially compensated for, such as the loss of your loved one’s financial contributions and the loss of their love and companionship. Our wrongful death law firm can help.

Pursuing Full Compensation in a Wrongful Death Claim

In a wrongful death claim, you and your family may be entitled to recover compensation for the losses you incur due to your loved one’s passing.

A wrongful death claim can provide financial recovery for:

• The loss of your loved one’s earnings and financial contributions to the family and household
• The loss of the inheritance that your loved one would have left to the family had they survived
• The loss of your loved one’s maintenance, services, and support to the family and household
• The loss of your loved one’s love, care, companionship, advice, and society
• The emotional pain and anguish that you and your family experience due to your loved one’s death

In addition to compensation for your losses, compensation in a wrongful death lawsuit may also include exemplary damages, sometimes called punitive damages. Exemplary damages may be awarded in a wrongful death lawsuit where the liable parties committed an intentional act or was grossly negligent. The award is not intended to compensate for a loss but instead to punish the at-fault parties for their conduct and deter others from committing similar conduct.

What Is the Texas Wrongful Death Statute of Limitations?

Under Texas law, you usually have only two years from the date of your loved one’s death to file a wrongful death lawsuit. If you wait until the statute of limitations expires on the wrongful death claim to file suit against those responsible for your loved one’s death, you run the risk that the court will permanently dismiss your lawsuit for having been untimely filed.

If your case is permanently dismissed, you can no longer seek financial compensation for your loved one’s death. You need to speak with a Fort Worth wrongful death lawyer as soon as possible.

Common Causes of Wrongful Death in Fort Worth

Examples of accidents that may give rise to wrongful death claims include:

How Much Does It Cost to Hire a Wrongful Death Lawyer in Fort Worth?

The loss of a family member can have a significant financial impact on the survivors, particularly if the deceased provided a financial contribution to your household. Fortunately, when you turn to The Wilhite Law Firm to get help from a Fort Worth wrongful death lawyer, you will not need to pay any money upfront for our legal services.

We handle wrongful death cases on a contingency basis. That means we are not paid unless and until we secure compensation for you, either in a negotiated settlement or at trial. Our fee will be based on the amount of compensation we secure for you and your family.

How Are Wrongful Death Settlements Paid Out?

Wrongful death claims often involve substantial amounts of compensation, as a family seeks recovery of the financial contributions their loved one would have made throughout the rest of their life, in addition to compensation for the loss of their loved one’s love and companionship. Due to the significant sums of money that may be involved in wrongful death claims, settlements in these cases may be paid out in a couple of ways:

• Lump-sum settlement – In a lump-sum settlement, a decedent’s family receives the entire value of the settlement in a single payment.
• Structured settlement – A structured settlement breaks up the total value of the settlement into regular monthly, quarterly, or annual payments.

Lump-sum settlements may be preferred when a family needs to pay substantial bills and expenses as soon as possible. That may occur when a decedent incurred significant medical and funeral expenses or when a family incurred significant debt after their loved one’s death.

In other situations, structured settlements could have advantages over lump-sum settlements.

For example, structured settlements can help replace a deceased loved one’s income and financial contributions to the family, giving the family time to make plans to financially adjust to the loss of their loved one. Unfortunately, structured settlements come with the risk of non-payment. However, families can negotiate for certain protections against non-payment, such as obtaining guaranty agreements or establishing an escrow.

How Our Fort Worth Wrongful Death Lawyers Can Help You

If your family has had a loved one pass away because of another party’s wrongful acts, the Fort Worth wrongful death lawyers at The Wilhite Law Firm can help you to seek accountability and financial recovery by:

• Taking the time to sit down with you and walk you through the claims process as well as discuss your rights and options so that you know what to expect in your case
• Thoroughly investigating the facts and circumstances leading to your loved one’s death, so we can secure all available information and evidence to help us build a case on behalf of your family
• Identifying liable parties and possible sources of compensation, such as applicable insurance coverage
• Calculating the full extent of your family’s losses, including working with financial experts was needed
• Presenting your demands for compensation and aggressively pursuing settlement negotiations with the insurance companies and defense lawyers to seek fair and full compensation for your family
• Filing a lawsuit in your case where pursuing litigation becomes necessary to fight for maximum financial recovery and justice for you and your family

Our Fort Worth Wrongful Death Attorneys Want to Help

When you and your family need to pursue compensation and justice after the untimely loss of a loved one, contact The Wilhite Law Firm for a free, no-obligation consultation. You are not alone. We’re here for you. A Fort Worth wrongful death attorney from our firm can help you understand your family’s legal rights and options. Click here to speak with a Fort Worth personal injury lawyer.