Losing a loved one from a preventable catastrophic accident caused by someone else’s negligent actions or carelessness is harrowing. Along with tremendous grief, the unexpected loss of a loved one can inflict your life with significant personal and financial setbacks, especially if the deceased was the breadwinner of your family. Wrongful death lawsuits allow you and other surviving family members to hold the negligent party accountable for your loved one’s demise.
You may also receive compensation that can alleviate some financial burdens from medical bills, funeral and burial costs, lost income, and more. An Arlington wrongful death lawyer from Law Offices of Domingo for assistance in filing a strong wrongful death lawsuit.
An Arlington Wrongful Death Attorney Can Help You Seek Compensation for These Damages
Losing your loved one unexpectedly can inundate your life with overwhelming responsibilities that you may be unprepared to meet. A wrongful death lawsuit can help you obtain funds to pay for many of the losses associated with your loved one’s passing.
While no money can bring back the deceased, the compensation can reduce the stress of financial obligation you’re trying to shoulder during this difficult time.
Our Arlington wrongful death lawyers can help you pursue compensation for the following:
Medical Bills
Following the catastrophic accident, your loved one may have received various medical treatments that, although they didn’t save their life, still trickle in the form of various medical bills. Through a wrongful death lawsuit, you can recuperate any medical expense directly stemming from your loved one’s fatal injuries.
Some examples of medical bills we can help you receive compensation for include the following:
- Prescription medication
- Diagnostic tests
- Hospitalization
- Surgery
- Rehabilitation
- Ambulance fees
- Pain management treatment
- In-home health care
- Hospice
Funeral and Burial Costs
The average cost of a funeral with viewing and burial is $7,848, according to the National Funeral Directors Association (NFDA). While grieving the tragic loss of your loved one, the significant funeral and burial costs can augment the pre-existing financial stress already on your shoulders.
Through a wrongful death lawsuit, we can help you obtain compensation for various funeral and burial-related expenses from the negligent parties. You can seek various expenses, such as:
- Preparing the body
- Viewing and visitation
- Funeral ceremonies and programs
- Burial location
- Transportation
- Casket
- Tombstone
- Cremation
- Funeral officiant fee
Loss of Future Income
Texas law allows the victim’s surviving family to receive compensation for the lost income resulting from their unexpected passing. The amount you obtain for this loss will vary in several factors, such as the deceased’s age, occupation, and salary at the time of death. It may also include any possible bonuses or increases in wages the decedent would have received during their lifetime if they were alive.
Loss of Future Benefits
This allows eligible family members to seek compensation for any benefit their loved one may have received if they were to work through retirement age. These may include pension, health insurance, and any retirement plan contributions.
Property Damage
We can help you recover the repair or replacement cost of any personal items or property that sustained damage during your loved one’s fatal accident. These may include damage to vehicles, electronics, clothing, jewelry, and more.
Non-economic Damages
These types of losses are harder to calculate but account for a significant array of losses that surviving family members face after a loved one’s untimely demise. Under this category, we can help you recuperate losses for damages such as loss of love, companionship, affection, nurturing, and guidance.
Let Our Arlington Wrongful Death Lawyers Assist You
When a person, business, or government agency causes your loved one harm through reckless or negligent behavior, and that harm results in your loved one’s death, you have every right to hold the at-fault parties accountable for their wrongdoings. The laws surrounding wrongful death lawsuits can be complex for those unfamiliar with the Texas legal system, though.
While grieving the loss of your loved one, the last thing you’d want is to learn about your legal options for obtaining compensation and go through the convoluted claims filing process alone.
Domingo Garcia has represented many families who have lost someone to a preventable catastrophic accident in Arlington and throughout Texas. We are prepared to handle the entire process of filing a wrongful death lawsuit while you spend time with your family and heal from the tragedy.
We look forward to providing the following services to give your case the best opportunity to reach a successful outcome:
Conduct an In-Depth Investigation to Uncover What Happened
Building a strong wrongful death case starts with a thorough investigation into the accident that took your loved one’s life. We will speak to eyewitnesses and experts and review evidence such as medical reports, accident reports, images, surveillance footage, and other materials to identify liability and damages.
Our goal during the investigation is to ascertain what went wrong and who was responsible for the victim’s suffering and eventual demise. Some examples of accidents and incidents stemming from another’s negligence that results in a victim’s demise include:
- A passenger vehicle colliding with a truck
- A distracted driver colliding with a motorcyclist
- A physician prescribing the wrong treatment plan causes the patient’s death
- A construction worker losing his life from a slip and fall accident arising from the general contractor’s negligence
Once we examine your case, our Arlington wrongful death attorney will have a stronger idea about how your loved one lost their life and the key moving parts that contributed to their death.
Assign a Value to Your Losses and Calculate Your Cases’ Worth
Every wrongful death claim comes with its unique set of losses. Our attorney will thoroughly analyze the facts and circumstances surrounding your loved one’s demise and uncover the full extent of losses the death has imparted on the surviving family’s life.
We will determine the total medical expenses, property repair or replacement expenses, lost future income, funeral costs, out-of-pocket expenses, and the value of other damages pertaining to your wrongful death lawsuit. We will consult with economists and other experts to determine an accurate value for all the relevant non-economic damages. We will then move forward with pursuing compensation through a demand letter, negotiations, or taking your case to court.
Prove the Presence Of Each Of Your Losses Using Evidence
To successfully seek compensation for the damages applicable to your case, we will use various pieces of evidence to seal each damage’s link to the catastrophic accident that took your loved one’s life.
Using correct and sufficient evidence is critical to get fair compensation from the liable party or their insurance provider. As we investigate the case and discuss how it has impacted you, we will be able to gather a vast array of materials, such as receipts, bills, quotes, pay stubs, and other assets that exhibit the presence of the listed damages.
Use Evidence to Prove Fault
Who’s at fault will vary based on how your loved one’s fatal accident unfolded. Sometimes, we may find multiple parties whose negligence contributed to the victim’s demise.
Whichever the case, our Arlington wrongful death attorney will diligently work towards preparing a repository of evidence that fortifies each at-fault party’s negligence that caused your loved one’s death. Specifically, we will gather evidence that demonstrates the following:
- The at-fault party, such as the truck driver, owed a duty of care to your loved one
- The at fault party breached the duty of care, for example; by changing lanes without checking the rear view mirror
- The negligent action caused your loved one’s death. For example, not checking before switching lanes caused the truck to collide with your loved one, resulting in their death
- The loved one’s fatal accident produced an array of compensable damages, such as medical bills and sudden loss of income
Advocate for Fair Compensation
From drafting a compelling demand letter and submitting a suite of evidence to using effective negotiation techniques, we will launch various pre-trial modals in tandem to obtain a favorable settlement for your case. If the insurance offers a lower-than-expected settlement, our attorney will revert with compelling reasons why you deserve higher compensation.
If taking your wrongful death case to court is necessary to achieve a fair outcome, we will represent you through all the proceedings and ensure that those responsible for your loved one’s suffering and demise are fully held accountable.
The team at Domingo Garcia fully understands that you may be overwhelmed with grief and stress right now. We look forward to taking over the legal legwork involved in obtaining the compensation you urgently need to fulfill the impending financial obligations.
Who Can Be Held Liable in Your Arlington Wrongful Death Case?
Who is responsible for your loved one’s accident and subsequent demise will largely depend on the accident that took their life. According to the National Safety Council (NSC), Texas has experienced the majority of its preventable deaths from motor vehicle accidents, fall deaths, choking (for example, while drowning or during a fire, flames, or smoke), and accidental poisoning.
Our Arlington wrongful death attorney has represented the surviving family of victims who lost their life from different types of accidents, including:
Motor Vehicle Accidents
According to the Texas Department of Transportation (TXDOT), Arlington saw 51 fatal crashes and 54 fatalities in 2022. Accidents like these often stem from another driver engaging in speeding, tailgating, improper passing, or other reckless actions while operating their vehicle. It also arises from faulty auto parts, such as faulty brakes or poor road conditions.
Some parties that may be at fault in a fatal motor vehicle accident include:
- The driver of the other vehicle
- Driver’s employer if it was a company vehicle
- Vehicle or auto-part manufacturer
- Municipality agency
Motorcycle Accidents
On average, one motorcyclist loses their life on Texas roads and highways daily, as per the Texas Department of Transportation (TXDOT). In 2021, 519 riders died in motorcycle accidents, and more than half of the fatal motorcycle wreck cases resulted from colliding with other vehicles.
Fatal motorcycle accidents typically result from distracted drivers not seeing the bike or misjudging the distance and speed before changing lanes or making turns. If your loved one passed away after succumbing to the injuries sustained in a motorcycle accident, the following parties might potentially hold fault:
- A negligent driver
- Vehicle manufacturer, mechanic, or other companies
- Government agencies
- Roadway construction companies
Truck Accidents
Texas has been dominating the nation in fatal truck accidents since 2017, with 580 fatalities in 2020. On average, a semi-truck weighs between 12,000 to 80,000 pounds, about 30 times heavier than a passenger vehicle. The sheer difference in size makes the aftermath of a truck and smaller vehicle collision severely brutal. Driver and occupants of the passenger vehicle may be inflicted with fatal injuries such as severe TBI, internal bleeding, and dangerous fractures.
If your loved one’s wrongful death resulted from a preventable trucking accident, we could help you pursue compensation from the following parties:
- The truck driver
- The truck company
- Manufacturer of the faulty auto-part of the truck
- The company that leased the truck
- Truck mechanic
- Cargo shipping or loading company
Construction Accidents
Construction jobs are inherently high risk in nature. Site owners and general contractors must take necessary safety measures to ensure their crew is not in harm’s way. But fatalities in construction accidents continue to happen. In 2019, 123 construction workers died in workplace accidents in Texas, according to the BLS.
The four leading causes of construction accident fatalities are falling from an elevated surface, being struck by an unsecured object, electrocutions, and getting caught inside or between equipment.
If you lost your loved one in a construction site accident, we might be able to pursue compensation from the following potential at-fault parties:
- The construction company
- Construction site owner
- General contractors and subcontractors
- Architects and engineers
Slip and Fall Accidents
Even a simple slip and fall can have deadly consequences, especially among those over the age of 64. Slip, and falls can result in severe TBI and hip fractures, which can cause death.
If your loved one has passed away from the injuries they incurred from slipping and falling at someone else’s premises, like a retail store, grocery store, business, gas station, or private property, we can help you secure compensation for their wrongful death from the premises owner.
Workplace Accidents
In 2020, 469 workers died due to fatal occupational injuries, according to the Texas Department of Insurance, Division of Workers’ Compensation. Workplaces are required to provide their workforce with a safe and hazard-free environment. But fatalities continue to occur from workers’ exposure to defective tools and machinery, toxic materials, explosions, missing safety gear, and other deadly factors.
Sectors that see the most fatalities are construction, transportation, warehousing, agriculture, forestry, and fishing.
If your loved one has passed away from sustaining injuries in a workplace accident in Arlington, you may be able to secure wrongful death compensation from one or more of the following parties:
- Your loved one’s employer
- Contractors, or other companies that may have been working on site
- The product manufacturer of the fatal accident resulted from defective equipment or tool
- Other employees
Oilfield Accidents
Oilfield is a lucrative but dangerous occupation. With Texas being the largest oil-producing state, it’s no surprise that hundreds of men and women daily endure endless hazards while working in the oil and gas fields. In 2020, there were 78 deaths from mining, quarrying, and oil and gas extraction, as per the BLS report.
If you’ve lost your loved one in a preventable oilfield accident, we can help you seek compensation from the at-fault party, which may be from:
- The employer in charge of the oilfield
- Product manufacturer
- Third party
Let our Arlington wrongful death attorney investigate your case to uncover if multiple defendants may have been involved in your loved one’s suffering and demise. We will assist you with obtaining compensation from each at-fault party.
Domingo Garcia Has Assisted Many Families in Recovering Millions of Dollars For Their Loved One’s Wrongful Death
Domingo Garcia has represented numerous grieving family members in Arlington and throughout Texas who lost their loved ones in catastrophic accidents on the highways, workplaces, construction sites, and other venues.
We are passionate about assisting grieving families in getting justice for their loved one’s preventable demise and helping them obtain the compensation that may be an indispensable resource to keep moving forward during this difficult time. Here are some examples of wrongful death settlements we have helped affected families secure:
- A $3.83 million settlement for the family of a worker who was killed in a collapse of a concrete boom pump
- A $2.75 million for the family of a roadside worker who died in a commercial vehicle accident
- A $1.25 million for the family of a worker who died due to lack of fall protection
- A 1 million settlement for the family of a worker that died in a gas tank explosion
Our Arlington wrongful death lawyer wants to help your family seek financial reparation that will be valuable to cover the expenses your deceased left behind, as well as compensate you for all the damages the death has caused in your lives.
Who Can File for a Wrongful Death Lawsuit in Arlington, Texas?
Texas Law only allows the decedent certain family members to pursue compensation through a wrongful death lawsuit. Texas Civil Practice and Remedies Code § 71.004 details the eligible individuals as the decedent’s spouse, children, and parents. One or more eligible pursuant can file a wrongful death claim on behalf of all qualifying survivors.
If no qualifying survivor begins to take any action within three months after the injured loved one’s death, then the decedent’s executor or administrator can file a case unless asked not to do so by all the qualifying surviving members.
You Have Limited Time to File a Wrongful Death Lawsuit in Arlington
The statute of limitations for wrongful death claims in Texas is generally two years from the date of your loved one’s death, as specified by Texas Civil Practice and Remedies Code § 16.003. Keep in mind that this may be different from the date the accident occurred, which inflicted your loved one with catastrophic injuries. While there are legal actions, you can pursue on the accident date, your right to file a wrongful death claim only starts on the date of your loved one’s demise.
The clock starts ticking from the day your loved one passed away. The clock can be extended in rare circumstances, such as if the decedent was a minor. If no qualifying family member files a claim before the statute of limitation expires, the court can dismiss your case, and you no longer will have the opportunity to recover compensation and hold the at-fault parties accountable.
You must begin on the path of initiating a wrongful death claim as soon as your loved one died. Since these processes take time, starting as early as possible ensures ample time for your attorney to build a case.
Contact Domingo Garcia to Learn More About How an Arlington Wrongful Death Attorney Can Help
If someone’s negligent actions have stripped your loved one of their life, let our law office fight for justice and compensation for the deceased victim and family.
Unfortunately, any impending hospital bills, medical treatment expenses, and other financial obligations from the deceased fatal accident will not stop knocking at your door even after your loved one has passed away. You should not have to shoulder this hardship alone when someone else’s misconduct was the cause of this disaster. Call us today for a free consultation.
