Wrongful Death Lawyers

The unexpected death of a loved one is a shattering ordeal that no one is prepared for. The emotional toll of such a tragedy can be compounded by a sense of injustice when another person or entity is to blame for your loss. Many families are forced to cope with grieving the loss of a loved one while simultaneously struggling with the financial burdens that accompany wrongful deaths, making an already difficult situation more painful.

When these situations arise, there is recourse for family members who suffer such a loss through wrongful death claims. The mental anguish and heartache of losing a loved one should not be accompanied by financial distress.

At Nix Patterson, we understand that a wrongful death claim can be frustrating, and you might not feel comfortable turning the death of your loved one into a legal matter. However, a wrongful death lawsuit, if successful, will help your family obtain the financial compensation needed to withstand the financial fallout of losing a loved one and provide a sense of justice and closure that your family deserves.

Our wrongful death lawyers empathize with clients who lose loved ones in accidents that should have been prevented. We will ensure you’re treated with the compassion, respect, and dedication your family deserves. We are a contingency fee law firm, which means we don’t charge any upfront fees. You have enough to worry about right now.

What Is Wrongful Death?

Wrongful death occurs when it is caused, in part or in whole, by another person’s or entity’s carelessness, negligence, recklessness, or unlawfulness, even if that person or entity had no intention of harming the victim. For example, if a drunk driver causes another person’s death, it is considered a wrongful death.

Wrongful death claims are civil actions for damages brought against the person or entity — business or government agency — responsible for the decedent’s death. To succeed in a wrongful death case, you must establish all the required elements of a wrongful death. Typically, the following elements must be proven in a wrongful death lawsuit:

• An individual died
• The death was the result of another’s negligence or because of another’s intent to cause harm.
• The death is directly responsible for surviving family members suffering financial losses, such as loss of household contributions

Wrongful death laws vary significantly from state to state. For instance, the Oklahoma wrongful death statute (Oklahoma Statutes Title 12. Civil Procedure §12-1053) differs from Texas or New Mexico’s law.

Common Causes of Wrongful Death Accidents

Wrongful death cases encompass any type of fact scenario where someone else’s actions contributed to the untimely death of your loved one. Although wrongful death cases can be diverse in nature, they all proceed using the same legal analysis. At Nix Patterson, our wrongful death lawyers have provided compassionate counsel for families and estates after a variety of fatal accidents, including the following:

• Car accidents
• Truck accidents
• Physical attacks
• Oilfield accidents
• Pedestrian accidents
• Exposure to toxic substances
• Bicycle accidents
• Motorcycle accidents
• Medical malpractice
• Poisoning
• Falls

The common theme among all of these cases is that you need the help of an experienced wrongful death attorney to help your family get the best possible result. The responsible party may owe your family a substantial amount of money, and a wrongful death attorney can help you fight for every dollar.

No matter what type of accident caused your loved one’s death, please don’t wait too long to speak with an attorney. Every state has strict deadlines — statutes of limitations — for filing wrongful death claims. For example, in New Mexico, a wrongful death claim must be filed within three years of the person’s death. In Texas and Oklahoma, the deadline is shorter, and a claim must be filed within two years of the person’s death.

Wrongful Death Statistics

Unintentional accidents are the third-leading cause of death in the United States. Roughly one in every fifteen deaths in the United States is the result of an unintentional accident. In 2022, approximately 227,000 people lost their lives in unintentional accidents.

Car accidents and falls are the leading causes of unintentional death throughout the country. More than 40,000 people each year lose their lives in these types of accidents.

The most common cause of death in an accident is a traumatic brain injury, with roughly one in every four accident fatalities being caused by trauma to the head.

Any type of wrongful death will leave a family devastated and experiencing significant financial consequences of the loss of their loved one. If someone else was to blame for the wrongful death, they may owe you compensation.

Who May Bring a Wrongful Death Claim?

All states have unique laws that apply to wrongful death claims and dictate who can file a wrongful death lawsuit after a death. In some places, such as Texas, the following surviving family members of a deceased person can file a wrongful death case:

• The decedent’s surviving spouse
• Children
• Parents

Suppose the surviving parents, spouse, and children do not file a wrongful death claim within three months of the death. In that case, the personal representative (or “executor”) of the decedent’s estate is permitted to file the suit unless all eligible surviving family members specifically request that the wrongful death claim not be filed.

In other states, such as Oklahoma and New Mexico, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. An executor is often a person named in the decedent’s estate plan. If there is no estate plan, or if the executor cannot or will not file the lawsuit, the court will appoint someone to serve.

Establishing Liability in Wrongful Death Claims

A wrongful death lawsuit is like any other personal injury case insofar as you have the legal obligation to prove that someone else was to blame for the loss of your loved one. In most cases, you would seek to demonstrate negligence as the basis of the defendant’s liability. Here, you would need to prove the following for elements to be entitled to compensation:

• The defendant owed your loved one the duty of care
• They breached the duty by doing something that would be considered unreasonable under the circumstances
• Your loved one died
• Your loved one would not have been entered had it not been for the careless actions of the other party.

You would need to prove essentially that the defendant’s wrongful actions played a role in the death of your loved one. They would not necessarily need to have been the one who directly killed them. For example, in a negligent security case, you can file a lawsuit against the party who failed to provide adequate security, in addition to a case against the person who directly killed your loved one.

You have the burden of proof to demonstrate your case by a preponderance of the evidence. Here, you must show that it is more likely than not that the facts that you are alleged are true, leading to your entitlement to financial compensation for the loss of a loved one.

What Compensation Can Survivors Receive?

Compensation that may be recovered in a wrongful death lawsuit will vary depending on whether the claimant is a spouse, child, or parent of the deceased. Often, surviving family members could receive financial compensation for:

• Reasonable funeral and burial expenses paid by a surviving family member
• Lost income or other financial support
• Lost household services
• Lost companionship, love, support, care, or counsel
• Lost inheritance and savings
• Mental pain and anguish experienced by surviving family members
• Mental health care expenses incurred by surviving family members

Are you wondering if the compensation survivors receive in a wrongful death lawsuit is taxed?

The compensation awarded to survivors after a wrongful death is not subject to taxation or the decedent’s debts. Contact our personal injury lawyers if you have other questions regarding a loved one’s unexpected death. Though no amount of financial compensation can ever replace a cherished family member, we can help you hold at-fault parties accountable for the pain, grief, and financial burdens placed on your family after a loved one’s death.

How Can a Wrongful Death Lawyer Help My Family?

Dealing with the legal process is the last thing that your family wants to do during an extremely difficult time. Besides, the insurance company will always get the better of you if you try to handle your case on your own. There are many details that you must address in a wrongful death claim before you can even file the case. Your family is better off when you hand the hard work off to a wrongful death lawyer.

When you hire a wrongful death attorney for your case, they may do the following for you:

• Investigate the circumstances of the accident and gather evidence that you need to prove liability
• Estimate the value of your family’s losses from the wrongful death of a loved one
• Prepare the wrongful death claim or lawsuit on behalf of your family
• Continue to build your case against the responsible party through the litigation process
• Negotiate any potential settlement with the insurance company or responsible party
• Litigate your case in court if it is necessary

You can see the valuable functions that a wrongful death attorney performs for you. These are not things that you are equipped to handle on your own.

Nix Patterson Is Here to Help You Get Through This Difficult Time

If a family member was killed in an accident because of another’s negligence, the wrongful death lawyers at Nix Patterson are standing by to help you through this difficult time. We understand how hard this is for your family, and we promise to treat you with the compassion and respect you deserve. You can leave the legal headaches to us. Our team is with you every step of the way, and no matter where you’re located, we can always come to you.

Don’t let the idea of filing a wrongful death claim or paying attorney fees scare you. You pay us zero upfront, and we only get paid after you win. Contact our wrongful death lawyers today at 512-328-5333 to schedule a free case assessment. We are here to help.