Wrongful Death Attorney

Helping Survivors Seek Justice And Hold Liable Parties Accountable

During the course of any given day, we’re all exposed to potential risks. Unfortunately, many of the most dangerous situations we find ourselves in are due to the negligent or wrongful acts of others. In some instances, these acts can lead to serious injuries — and, on occasion, even avoidable deaths. If you have lost a loved one due to another party’s actions, you and other surviving family members may be entitled to substantial compensation. It’s important to speak with a wrongful death attorney in Fort Worth, Texas to understand your rights.

At Varghese Summersett, our team of experienced attorneys understands what you’re going through. We’ve worked with many family members who have suffered a loved one’s death due to the wrongful actions of other individuals, organizations, and even business entities. We know that such losses can be financially devastating — but more importantly, we understand that reckless parties have taken away something that can’t be given back. This is why having an experienced attorney on your side is critical to ensure the responsible party is held liable for their actions.

Contact our Fort Worth wrongful death lawyers for a free consultation today.

Do You Have A Valid Wrongful Death Claim?

Wrongful death claims are very much like personal injury cases under Texas law. In fact, the elements required for a valid personal injury case are the same as those required for a valid wrongful death case. The only added requirement for the latter is that the victim in the incident must die from their injuries. Thus, any death that could have resulted in a personal injury claim had the victim survived — can lead to a valid wrongful death claim when they die. This is why you’ll see many Fort Worth personal injury lawyers handling both types of cases.

However, it’s important to understand the aforementioned three elements for a valid case. If these exist following a loved one’s death, you may be entitled to substantial compensation:

1. Duty Of Care

The first thing that any Fort Worth wrongful death lawyer will review is whether a duty of care exists. Fortunately, this is often an easy element to establish. Simply put, a duty of care is a responsibility to avoid actions that could harm others. For instance, motorists are expected to drive responsibly in order to avoid car accidents. Showing that a duty of care exists is foundational to proving a person’s negligence.

2. Violation Of Duty

It’s also necessary to show that another party violated their duty of care in order to establish liability in a case. In the case of motorists, this could include providing proof that the driver was distracted, intoxicated, or merely driving recklessly. Such actions greatly increase the risk of a fatal accident, so the driver will have certainly violated their duty of care in these instances.

3. Harm Causation

Showing that a violation of duty occurred is not enough to recover compensation. After all, people violate duties of care daily when they speed, stack products too high in a store, let their dogs roam unleashed, and engage in many other negligent acts. However, the at-fault party may find themselves financially liable if their violation of duty caused the untimely death of another person.

The Danger Of Assumptions

When a loved one is the victim of a wrongful death in Fort Worth, TX, understanding the three elements of liability can go a long way. However, this understanding cannot replace experienced legal representation. Texas law is extremely complex in these matters, and you may have a valid wrongful death suit without even realizing it. This is why it’s critical to seek legal counsel. At Varghese Summersett, we’ll review your case during a free consultation so you fully understand your rights. Contact our wrongful death attorneys in Fort Worth, Texas today to discuss your case.

Why Should You Work With Our Wrongful Death Lawyer?

Following a wrongful death accident or event, you may wonder whether hiring an attorney is necessary. In many of these cases, liability may seem clear and straightforward. For instance, wrongful death victims are often lost in serious motor vehicle accidents where the at-fault party was intoxicated and driving erratically. This might seem like an open-and-shut case in the average person’s mind. Unfortunately, there’s no such thing as “open and shut” when it comes to Fort Worth wrongful death claims. That’s because liable parties and their insurers will try to avoid responsibility at all costs.

Wrongful death settlements and court awards often reach the million-dollar mark. This should make it clear why insurers will try their best to minimize the financial recovery provided by their insurance policies. To put it simply, surviving family members are in an uphill battle after losing a loved one. Having an experienced legal advocate on their side is critical during this time. In addition to assisting with settlement negotiations and legal filings, you’ll also secure the following benefits when working with a wrongful death lawyer in Fort Worth, Texas:

Expertise in the complex legal principles and procedures involved in wrongful death cases
Experience in investigatory tactics and evidence-gathering
Case evaluation abilities to help surviving family members understand the strength of their case
Legal advocacy for those who need it the most
Assistance in navigating the entire legal process
The ability to determine appropriate damages and streamline the legal process
Access to resources that are unavailable or difficult to access for the average person
Offering a sense of objectivity so clients can make better-informed decisions based on legal considerations rather than emotion

Clearly, Fort Worth wrongful death attorneys can prove invaluable thanks to these benefits. Additionally, they can help navigate the most complex cases. For instance, envision a scenario where a family loses a loved one due to a violent assault, which ended with the police killing the attacker. While this may seem complex — and sound like a no-win situation since the liable party is not alive to be held responsible — an experienced Fort Worth wrongful death lawyer can go after the liable deceased person’s estate. In such situations — and many others — having legal counsel is critical.
Contact Varghese Summersett today for a free consultation. We’ll review your case and help you understand how to move forward.

What Are Common Causes Of Wrongful Death Cases?

There is no “typical” wrongful death claim. Every time someone unnecessarily loses a loved one, there are many complex and unique factors involved. This means no two cases are exactly the same. However, there are frequent commonalities. Some of the most significant areas of crossover involve the underlying causes of any Fort Worth wrongful death accident. Understanding these causes will help you recognize just how broad this legal area is. So if you’ve lost a loved one to these or any other negligent or wrongful acts, don’t hesitate to seek legal advice:

Car accidents
Animal attacks
Pedestrian accidents
Premises liability issues
Motorcycle accidents
Slip and falls
Workplace accidents
Defective products
Criminal acts
Aviation accidents
Defective or laced drugs
Train accidents
Police misconduct
Boating accidents

All these issues can lead to a fatal accident — or worse, a purposeful killing. Any family member left to deal with the aftermath will clearly have a lot to contend with. Making funeral arrangements and seeking compensation is often just the tip of the iceberg — issues like attending criminal court and settling the deceased person’s estate are also frequently required. Fortunately, there is help available to deal with these and many other issues. At Varghese Summersett, you’ll work directly with a Fort Worth wrongful death lawyer who is committed to getting justice for you and your family.

Is There A Statute Of Limitations For Wrongful Death In Texas Law?

When a family member loses a loved one in Fort Worth, TX, they need to act quickly. That’s because there is a deadline for filing a case. The wrongful death statute of limitations in Texas is just two years. While this may seem like a long time, it goes by faster than people expect. During this time, a surviving spouse or other family members will often find themselves having to make burial arrangements, figuring out how to cover funeral costs, negotiating with insurance companies focused on delaying the process, seeking medical records, and handling countless other challenges.

This is why it’s critical for a family member or their personal representative to reach out to a Fort Worth wrongful death attorney as quickly as possible. However, there are some instances where exceptions may be made for the Texas wrongful death statute of limitations. These include:

The claimant is under the age of 18
Certain situations where sexual abuse was involved
The wrongful death claim involves silica or asbestos exposure
The wrongful death or resulting injury/illness was not immediately discoverable
The death was related to maritime law in some way

Clearly, these exceptions are few and far between. However, you should never make assumptions regarding your ability to file a wrongful death case in civil court or seek an insurance company settlement. This is a complex area of the law, and you may qualify for an exception to the statute of limitations without realizing it. Don’t risk your ability to hold responsible parties liable for their actions. Let our wrongful death attorneys in Fort Worth, TX review your case and help you make a more informed decision.

Do You Have To File A Wrongful Death Lawsuit?

Whether a single individual causes the loss of a loved one or multiple parties are at fault, it may sometimes be necessary to file a wrongful death lawsuit. This might be the only option when the person who acted negligently or recklessly has no insurance policy. It’s also the case that insurance companies will often negotiate in bad faith — or simply want to avoid paying what the surviving loved ones of a deceased victim deserve.

In such situations, a skilled attorney can file a wrongful death lawsuit against the negligent party for the loss of your family member. Surviving children, adoptive parents, and even siblings may be entitled to compensation in these situations. However, it’s important not to make decisions based on emotion. In many instances, it will not be necessary to go to trial. In some cases, doing so will only drag out a difficult process — and it may not result in much more than what could’ve been garnered with a fair settlement offer.

If your family suffered a devastating loss, we know that figuring out how to move forward can be difficult. That’s why we’re here to help. Contact our wrongful death lawyers in Fort Worth today to discuss your case.

What Damages Are Available In A Wrongful Death Claim?

When family members lose a loved one due to another party’s negligent or wrongful acts, they may want to immediately seek compensation via litigation. However, it’s important to note that most of these cases are not resolved in court. That’s because an insurance company will try to avoid a wrongful death action whenever possible — so a settlement offer will often be forthcoming. Of course, fatal accidents and other events can be very expensive for insurers, so they won’t always be fair with their offer. In such cases, legal action in court may be necessary.

When this takes place, the liable party and their insurance company may be exposed to the following types of wrongful death damages:

Economic Damages

Some of the most significant losses after a loved one dies are financial in nature. Following their death, surviving family members will often face funeral and burial expenses, the loss of financial support, expensive medical bills, lost inheritance, the cost of child care, and many other monetary challenges and losses. Economic damages are meant to reimburse claimants for these losses in a wrongful death lawsuit.

Non-Economic Damages

Financial loss is far from the only loss in your typical Fort Worth wrongful death case. Pain and suffering, mental anguish, emotional distress, loss of enjoyment in life, loss of companionship, and many other difficulties are often far more devastating than the challenges faced by a bank account. Fortunately, Texas law allows surviving family members to seek compensation for these losses. Having an experienced Fort Worth wrongful death lawyer on your side may increase your odds of securing these damages.

Punitive Damages

Also known as exemplary damages, punitive damages are not meant to reimburse a surviving spouse, children, or other loved ones for their losses. Rather, this court award is geared towards punishing the at-fault party. Such punishment is also meant to serve as a deterrent to future wrongful acts. However, this form of damages is relatively rare compared to others. You’ll need to show that egregious acts led to a loved one’s death. A Fort Worth wrongful death lawyer may be able to help in this endeavor, so contact our law firm today.

Contact A Wrongful Death Attorney In Fort Worth, Texas Today

If you’re considering filing a wrongful death claim, then you’ve found yourself in an unfortunate position. Sadly, things rarely get easier. After a loved one’s death, surviving family members often find themselves fighting with an insurance company while trying to afford things like medical bills, funeral costs, and other financial challenges. Even worse, they’re having to do this at a time when they’ve likely lost a source of substantial financial support. Fortunately, you don’t have to go through this alone. Our law firm has helped many surviving relatives, and we may be able to help you.

At Varghese Summersett, we provide dedicated and aggressive legal representation for those who need it the most. Our goal is to collect damages from liable parties and help our clients move forward after losing a loved one. In many instances, the responsible party’s insurance company will not act in good faith — and when liable parties have no insurance, the road ahead can be even more challenging. Fortunately, our wrongful death attorneys in Fort Worth, Texas serve as staunch legal advocates for each of our clients. We won’t stop fighting until our clients get the justice they deserve.