Wrongful Death in Texas

Things to Know about Medical Malpractice & Wrongful Death in Texas

When it comes to filing a personal injury lawsuit, and seeking a personal injury settlement Dallas plaintiffs have quite a bit they need to be aware of, especially in order to achieve the absolute highest possible damages for their claim – both compensatory and punitive damages. The fact is that personal injury lawsuits are up across the entire country, year over year, and with these claims on the rise, the state of Texas, specifically the city of Dallas, is no different! As the second largest state in terms of population size, statistics would dictate that they would have quite a high rate of personal injury lawsuits, and that would be true. In fact, when it comes to getting a personal injury settlement Dallas citizens have attained some of the highest dollar values in the country in terms of damages. In fact, Texas currently ranks 23rd in the highest number of accidents per capita, especially when it comes to fatal accidents – and with such a high population size, it means that there are a ton of claims being filed each and every day. This means that when it comes to a wrongful death settlement Dallas plaintiffs have not only filed claims for damages, but have actually been awarded them as well – whether it might be through agreeing to a settlement or being awarded a judgement, by winning in court. The important thing to understand is that personal injury lawsuit laws differ from state to state, and considering that Texas has more lax civil lawsuit laws when compared to other states, its important for prospective plaintiffs to understand how to proceed when they are looking to file suit. Within this article, we will be exploring how personal injury lawsuits work, and more specifically, how Medical Malpractice and wrongful death claims work in Dallas, Texas.

Medical Malpractice & Wrongful Death Statutes in Texas

When it comes to seeking out a wrongful death or medical malpractice settlement Dallas plaintiffs have a much higher rate of success than those who might file similar claims in other states, even those that neighbor the state of Texas. To understand the value of a personal injury settlement Dallas legal experts will first point to the feelings of the state as a whole. Throughout its history, Texas has always been one of the more independent states in the union. From their planned secession from the United States, attempting to become its own sovereign nation at one point, to the lack of a state income tax, and the feelings of its citizens, Texas has always been a state that seemingly prefers a lack of government regulation and the government’s ability to meddle in the affairs of its citizens. And the fact that they have the death penalty, and have used it quite a bit, outlines their feelings on crimes, and the “eye for an eye” revenge mentality that its government seems to have. In keeping with such ideals, the government leans in favor of victims looking to get a personal injury settlement Dallas, being one of the most major cities, has this mentality through and through. Therefore, for someone looking to get a medical malpractice settlement Dallas is one of the best places to file their claim. The same goes for wrongful death, as many of such claims stem from accidents as well as medical malpractice issues, in which a patient might perish as a result of negligent actions by their doctor or surgeon.

When it comes to a wrongful death settlement Dallas legal experts are able to use the state laws to the benefit of their clients – helping them to earn high dollar amount in damages. In Texas, there is a statute that defines wrongful death as the “wrongful act, neglect, carelessness, unskillfulness, or default” that causes the death of a person. Wrongful death is a civil action. Common wrongful death claims involve drunk driving, car accidents, manslaughter, negligence, assault and battery, and murder.

Wrongful death lawsuits have a statute of limitations in Texas. Under the Texas wrongful death statute, a person has only 2 years to file a wrongful death claim from the date of the death unless it meets one of the exceptions:

· The plaintiff filing the wrongful death lawsuit is a minor.

· The plaintiffs were not aware of the actual negligence of the defendants during the initial 2-year period.

· The plaintiff suffered from some type of mental or physical impairment that prevented them from filing during the 2-year period.

· And if any fraud was involved.

Who Can File a Wrongful Death Claim in Texas?

When it comes to seeking out a wrongful death settlement Dallas plaintiffs are generally successful, as long as they file within the 2 year period. However, there are some limitations, on who can legally file a wrongful death claim on a deceased individual’s behalf. In order to file, you must be one of the following relations of the deceased.

· A surviving spouse.

· A surviving child – a minor or an adult.

· A legally adopted child.

· Surviving parents of the deceased.

· Surviving adoptive parents of the deceased.

· A representative of the estate. Most commonly in a case where the victim did not have any living relatives, and might have named a representative in a will.

Its important to understand that in the state of Texas, as it is in many other states, you may file a personal injury claim, whether or not any criminal charges have been pressed against the individual or not. To learn more about wrongful death settlements, and obtaining funding for your lawsuit, be sure to contact Express Funding of America today.