Texas Wrongful Death Attorney | McKay Law
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Texas Wrongful Death Attorney

Aggressive Texas Wrongful Death Lawyer

24/7 FREE Consultation with Texas Wrongful Death Attorney. We’ve won MILLIONS for our clients over 20 years. No Fees Unless We Win.

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McKay Law’s Texas Wrongful Death Attorneys Never Give Up in the Face of Injustice.

We know the profound impact that the loss of your loved one has had on your life, which is why we devote substantial resources to each wrongful death case we take. We employ private investigators and work with expert witnesses to ensure that each case receives the attention and resources it deserves. We carefully collect and preserve evidence from accident scenes, and we seek out any relevant witnesses to obtain their testimonies. We explore all options to make certain that you receive the best results possible under the law. Talk to us today with a $0 upfront fee and there is always NO FEE unless we win.

What Is a Wrongful Death Claim?

When someone dies through the negligent act of another, a wrongful death claim can result. In a wrongful death case, the personal representative of the estate of a deceased person is authorized to file a lawsuit against those responsible for the person’s death. A wrongful death case can arise from any type of personal injury case including medical malpractice , automobile accidents , construction accidents , airplane accidents and all other torts.

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Wrongful Death Claims FAQs

What is a Texas wrongful death claim?

Historically in Texas, the spouses, parents and children of someone who was killed in an accident could not sue for the damages that they suffered because of their loved one’s death. The Wrongful Death Act changed that by creating a new cause of action that lets these persons bring suit in the event they have actual damages from the death of their spouse, child or parent.

A wrongful death claim lets family members and the deceased’s estate recover compensation after someone causes the death of their spouse, parent or child.

What law establishes wrongful death claims in Texas?

Texas Civil Practice and Remedies Code Title 4, Chapter 71 serves as the basis for wrongful death and survival lawsuits in Texas.

What compensation is available on a wrongful death claim in Texas?

A person who prevails on a wrongful death claim may be able to recover what are known as actual damages and exemplary damages.

Actual damages include:

  • Financial losses, such as the loss of the deceased person’s earning capacity and the value of the care, maintenance, services, support, advice and counsel he or she would have provided to family members.
  • Mental anguish, which refers to your emotional pain, torment and suffering from the death of your family member.
  • The loss of the positive benefits flowing from the love, comfort, companionship and society from the death of your family member.
  • Loss of inheritance, referring to what the deceased person would have accumulated and left to you if he or she had lived a normal expected lifetime.

Exemplary damages are recoverable on a wrongful death claim when the person’s death is caused by the defendant’s willful act or omission or gross negligence.

If I file a wrongful death claim, what do I have to prove to get compensation?

That you are a statutory beneficiary of the person who was killed. Statutory beneficiaries include the deceased person’s spouse, children, and parents.
That the defendant’s wrongful act caused the deceased person’s death.

I’ve heard about “survival” claims. Are they the same as a wrongful death claim?

No. Under the Texas Survival Statute, a deceased person’s heir or estate representative can assert a personal injury claim that the deceased person would have been able to assert if he or she had survived a fatal accident. A wrongful death claim is a separate claim for compensation that belongs to the deceased person’s spouse, children and parents, based on the loss of their loved one.

How long does someone have to bring a wrongful death claim?

Wrongful death claims can be subject to two statutes of limitations, which define how long someone can wait before bringing a claim. There is the limitations period on the claim that the deceased person could have filed. In Texas, that period is, in most cases, two years from the date of the person’s injury. There is also the limitations period on your own claim for wrongful death, which normally is two years from the date your spouse, child or parent died.

It’s important to consult with a qualified personal injury attorney without delay if you think you have a wrongful death claim, so you don’t risk losing the claim by waiting too long.

My brother or sister was killed. Can I file a wrongful death claim?

Unfortunately, no. Texas law does not allow siblings to bring a wrongful death claim for the loss of a brother or sister.

Who is included in the definition of “spouse” for purposes of a Texas wrongful death claim?

A spouse can bring a wrongful death action whether the couple’s marriage was formal or by common law. The claim can be brought, too, even if the spouses were separated when one of them was killed, and even if the surviving spouse remarried after the other’s death.

At this time, Texas law does not allow wrongful death actions by same-sex spouses.

What about adopted or illegitimate children? Adult children?

Any biological children of a deceased parent can bring a claim under the Texas Wrongful Death Act. An adopted child, who has been formally and legally adopted, can bring a wrongful death claim for the death of his or her adoptive parent, but not for his or her biological parent.

Adult children may sue for the wrongful death of a parent.

Does “parents” under the Texas Wrongful Death Act include adoptive parents, stepparents, foster parents or grandparents? What if a deceased child’s parents are divorced?

An adoptive parent may bring a wrongful death claim for the death of his or her adopted child, but no claim can be asserted by stepparents or foster parents. Nor can grandparents bring a suit for the wrongful death of a grandchild.

Divorced parents can bring a lawsuit for the wrongful death of their child in Texas.

Will I be able to afford a lawyer to represent me on a wrongful death claim? How much will it cost?

Most personal injury attorneys work on a contingency fee basis. That means the attorney gets paid only if you get a recovery on your lawsuit. Most often, the amount of the fee will be a percentage of your recovery. The fee percentage and the handling of costs and expenses to represent you will all be set out in a fee agreement when the attorney takes your case. Generally, if you don’t win anything on your case, you won’t owe anything to your attorney.

Why Is It Important To Hire the Best Texas Wrongful Death Attorney With Both the Experience and the Expertise?

The death of a loved one is a profound and horrible event. We realize how important it is to provide our clients assistance with basic legal issues that arise after a death and how important it is that the wrongful death action be tenaciously prosecuted so that a full financial recovery can be obtained. The law in a wrongful death case in Texas is multifaceted and our attorneys have both the experience and expertise to build a solid case against all negligent parties.

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We have a long line of success and a team that has worked together for decades and has perfected and streamlined the process; making something stressful and painful as seamless and easy as possible.

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McKay Law has an in-house specialist guiding our personal injury clients on medical treatment. Read more about our Texas Nursing Board Certified Nurse and How We Assist.

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Personal Injury Causes

Personal Injury

At McKay Law, our experienced Texas personal injury lawyers understand the complexities involved with personal injury cases, as well as the importance of presenting supporting evidence.

Truck Accident

With expertise in handling truck accident claims, McKay Law TX is dedicated to helping individuals like you navigate the complex legal system and recover the compensation they deserve.

Wrongful Death

A wrongful death case can arise from any type of personal injury case including medical malpractice , automobile accidents , construction accidents , airplane accidents and all other torts.

Car Accident

If you’ve been involved in a car accident in Texas and are seeking maximum compensation for your injuries, look no further than McKay Law’s expert team.

Motorcycle Accident

At McKay Law, our experienced Texas personal injury lawyers understand the complexities involved with personal injury cases, as well as the importance of presenting supporting evidence.

Pedestrian Accident

We understand the challenges you may face after a pedestrian accident. Our team of experienced attorneys have a deep understanding of Texas laws and the complexities of pedestrian accident cases.

Oil Rig Accident

With years of experience and a wealth of knowledge in the field of oil rig accidents, McKay Law TX is the go-to firm for those seeking justice and fair compensation.

Commercial Vehicle Accident

With Lindsey McKay's expertise and experience in handling commercial vehicle accident cases, she is the advocate you need by your side for the most compensation.

Boat Accident

With a deep understanding of both the legal and maritime worlds, Lindsey McKay, of McKay Law TX, is a seasoned attorney who specializes in boat accident cases.

Construction Accident

When it comes to navigating the complexities of construction accident law, Lindsey McKay is the advocate you need to help you receive the compensation you deserve.

Premises Liability

McKay Law TX understands the complexities of premises liability cases and the impact they can have on the lives of those affected along with the lives of their loved ones.

Dog Bite

Don’t let a dog bite go without proper legal action – arm yourself with the knowledge you need to seek the compensation you deserve with McKay Law of Texas

Bad Drug

With a deep understanding of the legal landscape and a passion for justice, Lindsey McKay has established herself as a trusted expert in Texas bad drug cases.

Bicycle Accident

When it comes to navigating the complex legal landscape of bicycle accidents in Texas, you need a trusted ally by your side. That’s where McKay Law comes in.

Product Liability

Lindsey McKay not only fights relentlessly for her clients' rights but also possesses a keen understanding of the complex regulations and laws surrounding product liability in Texas

Rideshare Assualt

Meet Lindsey McKay, the trusted Texas rideshare assault lawyer who has been fighting for justice for victims of rideshare assaults.

Slip and Fall

Don’t let a slip-and-fall accident derail your life. Reach out to McKay Law TX today and take the first step towards obtaining the justice and compensation you deserve.

Rideshare Accident

When you request a rideshare, you trust that the driver will get you safely to your destination. But what happens when things go wrong?

School Bus Accident

In the aftermath of a school bus accident, justice for the affected families becomes paramount.

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Meet Lindsey McKay, the drowning accident lawyer who is committed to fighting for the victims and their families.

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Personal Injury Types

Amputation

At McKay Law, we understand the physical, emotional, and financial challenges that come with amputation injuries.

Birth Defect

At McKay Law, we understand the devastating impact that a birth defect can have on both the child and their family.

Birth Injury

Don’t navigate the complexities of a birth injury claim alone, put your trust in Lindsey McKay of McKay Law.

Permanent Paralysis

Our team of experienced attorneys specializes in paralysis cases, with a deep understanding of the medical and legal complexities involved.

Broken Bones

Led by a team of skilled attorneys, McKay Law understands the physical, emotional, and financial toll that a broken bone can cause.

Burn Injury

We have successfully represented countless burn injury victims and have helped them recover the compensation they need to rebuild their lives.

Neck and Back Injury

McKay Law Neck and Back Injury Lawyer can provide the expertise needed to navigate the legal system.

Whiplash

At McKay Law we are dedicated to empowering whiplash victims and helping them navigate the legal process.

Spinal Cord Injury

Our team of skilled attorneys understands the physical, emotional, and financial toll that a spinal cord injury can have on your life.

Brain Injury

McKay Law, a leading Texas attorney specializing in Brain injury cases, is here to help you seek the justice you deserve.

Soft Tissue Injury

When it comes to your soft tissue injury case, trust McKay Law to be your advocate every step of the way.

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Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.

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