The sudden loss of a family member creates a profound and complex challenge. When that loss stems from another’s negligence, a Mineral Wells wrongful death lawyer is the first step toward seeking accountability.
If your family faces questions that demand clear answers, Stephens Law provides the guidance to help you find that clarity. Our attorneys can help you make sense of the situation and review the options available to you.
To find out how we can help your family, contact Stephens Law for a free case evaluation at (817) 420-7000.
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Key Takeaways for Mineral Wells Wrongful Death Lawyer
- In Texas, specific family members, such as the surviving spouse, children, and parents, have the right to file a wrongful death claim.
- A successful claim must show that a person or company’s negligent or wrongful act directly caused your loved one’s death.
- Families may seek compensation for financial losses like lost earning capacity and mental anguish, including loss of companionship.
- The law generally provides a two-year window from the date of the death to file a lawsuit.
- An experienced legal team investigates the incident, gathers evidence, and constructs a case to hold the responsible parties accountable.
Why Choose Stephens Law as Your Mineral Wells Wrongful Death Lawyer
When your family faces an uncertain future, you need a legal advocate grounded in your community. You want a firm with a deep familiarity with Mineral Wells and Palo Pinto County. Stephens Law brings dedicated local experience to your side.
A Deep-Rooted Palo Pinto County Connection
Our firm has a unique perspective on the challenges our neighbors face. We’re familiar with the roads, the businesses, and the local courts from U.S. 180 to the neighborhoods around Mineral Wells State Park.
Our local knowledge allows us to conduct more effective investigations and connect with your case on a personal level.
A Record of Dedicated Advocacy
Our attorneys focus on providing compassionate and determined representation for every client. We build strong legal positions designed to get results. Families in Mineral Wells, from the City Center to the communities near the historic Baker Hotel, trust us to champion their cause.
We’re Here When You Need Us
Grief doesn’t follow a 9-to-5 schedule, and your questions need timely answers. Stephens Law maintains a local office right here in Mineral Wells. We make ourselves available to clarify your concerns and keep you informed.
You need a team that will stand by your side and tirelessly pursue the accountability your family seeks. Contact Stephens Law today at (817) 420-7000 for a confidential case review.
The Foundations of a Wrongful Death Claim in Texas
A wrongful death claim is a civil action, not a criminal one. The purpose of this action is to compensate surviving family members for the losses they have suffered due to a loved one’s death.
The claim asserts that the death wouldn’t have happened if not for the wrongful act, neglect, carelessness, or default of another party. The legal framework in Texas specifies who can bring a wrongful death claim.
Eligible individuals include:
- Surviving Spouse: The deceased person’s husband or wife is eligible to file a claim.
- Children: The law allows both biological and adopted children to bring a lawsuit.
- Parents: The mother and father of the deceased are also considered eligible parties to file a claim.
These family members can file the lawsuit individually or together as a group. If none of these relatives file a claim within three months of the death, the personal representative or executor of the deceased person’s estate may file the claim instead.
Establishing Liability for a Fatal Incident
At the core of every wrongful death case is the concept of negligence. Your attorney must show that another party had a duty to act with reasonable care, breached that duty, and that this breach directly caused the fatal incident.
This process requires a meticulous approach to gathering and presenting evidence, so your attorney will methodically investigate every facet of the incident to identify all potentially responsible parties.
A single incident, such as a commercial vehicle collision on State Highway 16, might involve multiple liable parties.
These parties may include:
- An Individual: A single person, such as a distracted or impaired driver, can be held liable for causing a fatal incident.
- A Corporation: A business entity, like a trucking company with poor maintenance practices or the manufacturer of a defective product, may also be held responsible.
- A Property Owner: The person or company in control of the premises can be found liable for failing to maintain a safe environment.
- A Government Entity: In certain circumstances, a public agency may bear responsibility if its negligence contributed to the death.
Identifying all liable parties strengthens your family’s position to recover full compensation for your losses after wrongful death. Our Mineral Wells wrongful death lawyers have the resources to conduct a comprehensive investigation on your family’s behalf.
Seeking Justice and Financial Stability for Your Family
Texas law allows families to seek various forms of damages for the losses they personally suffer because of their loved one’s death. While no amount of compensation can replace your loved one, it can provide stability in a time of great uncertainty.
The legal team you choose must carefully assemble a complete picture of your losses. An experienced Mineral Wells wrongful death lawyer from our firm works to document every impact, helping pursue a resolution that addresses your family’s long-term needs.
Recovering Tangible Financial Losses
Your family can seek recovery for the concrete, calculable financial harms that result from a wrongful death. These losses form the economic foundation of the claim and often require detailed analysis to quantify.
Common examples include:
- Lost Earning Capacity: Your family may pursue compensation for the total income your loved one would have reasonably been expected to earn over their lifetime.
- Loss of Inheritance: The claim can also include the value of the assets the deceased would have likely accumulated and left to the family had they lived a normal life expectancy.
- Lost Services: Your family may recover the monetary value of household contributions your loved one provided, such as childcare, home maintenance, and financial management.
Your attorney can work with financial professionals to accurately project these losses over time. This detailed work helps clarify the full scope of your family’s financial damages.
Acknowledging the Human Losses
Texas law also recognizes the profound emotional and relational losses families endure. These damages, while not easily calculated, are just as real. A jury may award compensation for the immense personal suffering your family has experienced.
These non-economic damages include:
- Mental Anguish: This refers to the emotional pain and grief suffered by the surviving family members as a direct result of their loved one’s death.
- Loss of Companionship and Society: This encompasses the loss of the unique love, comfort, and companionship your loved one provided throughout their life.
- Loss of Consortium: For a surviving spouse, this damage addresses the loss of marital intimacy, emotional support, and the shared experiences of a life together.
Presenting these personal losses requires a sensitive and compelling approach. Your lawyer’s job is to tell your family’s story with dignity and respect. We strive to give a voice to the profound human cost of your loved one’s absence.
Survival Actions in Texas
While wrongful death claims compensate surviving family members for their own losses after a loved one’s death, Texas law also allows a separate type of claim called a survival action. A survival action is essentially the personal injury claim your loved one could have filed if they had lived, often pursued with the help of an experienced personal injury lawyer.
It allows the estate to recover damages for the harm your loved one experienced before death, including:
- Medical Expenses: The estate may recover the cost of medical care provided for the injuries your loved one suffered before passing.
- Conscious Pain and Suffering: The estate may seek compensation for the physical pain and mental suffering your loved one endured between the time of injury and their death.
- Funeral and Burial Expenses: The estate can also pursue reimbursement for the costs of funeral and burial services associated with your loved one’s passing.
Any compensation recovered in a survival action goes to the estate and is ultimately distributed to heirs or beneficiaries, rather than directly to surviving family members under the wrongful death statute.
Building a Strong Wrongful Death Case in Mineral Wells
Successfully resolving a wrongful death claim requires your lawyer to uncover and assemble evidence into a clear and convincing narrative. This is where an experienced legal team makes a significant difference.
Your lawyer’s ability to investigate thoroughly and present facts effectively forms the backbone of your case. From the moment you hire Stephens Law, we begin building your claim immediately.
Our objective is to secure your family’s future and hold the negligent party accountable, and we use every available resource to pursue that goal.
Our Detailed Investigation
A deep investigation uncovers the facts needed to prove liability. Our legal team moves quickly to collect and preserve crucial evidence before it can be lost or altered. This process involves several key actions.
We may hire accident reconstructionists to analyze a crash site or bring in medical professionals to decode complex medical records. Every case is different, and we tailor our investigative strategy to the unique facts of your situation.
Our proactive approach benefits your family. We manage all aspects of the investigation so you can focus on healing. This work builds the foundation for all subsequent legal action.
Using Evidence To Demonstrate Negligence
Once we gather the evidence, we begin to assemble the pieces into a powerful legal argument. We decode police reports, witness statements, corporate records, and expert opinions. This allows us to construct a timeline and clarify the sequence of events that led to the tragedy.
The strength of your claim rests on the quality and clarity of the evidence. Our attorneys have a long track record of presenting complex information in a way that is easy for insurance adjusters, defense attorneys, and juries to understand.
FAQ for Mineral Wells Wrongful Death Lawyer
How Does a Mineral Wells Wrongful Death Lawyer Prove Negligence?
To prove negligence in wrongful death, your lawyer must demonstrate four elements. First, they establish that the defendant owed your loved one a duty of care, such as the duty to drive safely. Second, your lawyer shows the defendant breached that duty, for example, by speeding.
Third, they connect that breach directly to the incident that caused the death. Finally, they prove that you, the claimant, suffered damages as a result of the death.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law strictly defines who has the right to file a wrongful death lawsuit. Only the surviving spouse, children (biological or adopted), and parents of the deceased can initiate the claim. Siblings aren’t permitted to file.
If these eligible family members don’t file a claim within three calendar months of the death, the executor of the deceased’s estate can then file on behalf of the estate.
What Is the Statute of Limitations for Wrongful Death in Texas?
In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s death. If you don’t file a lawsuit within this period, you’ll likely lose your right to seek compensation forever.
Some very narrow exceptions can alter this deadline, so speak with a Mineral Wells wrongful death lawyer as soon as possible to protect your family’s rights.
What Kind of Damages Can You Recover in a Wrongful Death Case?
Families can seek compensation for a wide range of damages. These include tangible losses like the deceased person’s lost lifetime income, the value of their household services, and final medical and funeral bills.
You can also pursue recovery for intangible losses, such as your family’s mental anguish, the loss of your loved one’s companionship, and the loss of parental guidance for surviving children.
Why Do I Need a Mineral Wells Wrongful Death Lawyer?
A Mineral Wells wrongful death lawyer works to protect your family’s interests while you focus on grieving. They manage the entire legal process, from conducting an in-depth investigation to collecting critical evidence.
An attorney can accurately calculate your total losses, negotiate with insurance companies on your behalf, and file a wrongful death lawsuit to secure the compensation your family needs for a stable future.
Fighting for Your Family
When you lose a loved one, the world can feel chaotic and indecipherable. The legal process that follows may seem just as confusing, filled with complex terms and unfamiliar procedures. Our role is to bring order to this chaos.
Stephens Law can uncover the necessary facts and decode the relevant laws to clarify the path forward. We assemble every piece of evidence to build a complete and powerful picture of what your family has lost.
Let us help you find answers and seek accountability. Contact Stephens Law to schedule a free, confidential consultation with a compassionate legal professional at our Mineral Wells office. Call us today at (817) 420-7000.
