Lubbock Wrongful Death Lawyer
Nationally Recognized Trial Attorneys
Losing a loved one unexpectedly due to an avoidable accident is an indescribable tragedy that no family should endure. The pain, shock, and grief that follow such a loss are overwhelming, compounded by the financial burdens of sudden medical, burial, and funeral costs.
When the deceased was the primary provider, the financial impact on the family can be severe, threatening their stability and future. The situation becomes even more distressing when the loss results from someone else’s negligence, recklessness, or intentional harm, leading to what is legally defined as wrongful death.
A wrongful death claim allows surviving family members to seek compensation for their losses and damages. Although financial recovery cannot replace a loved one, it can offer essential support for the family’s future and deliver a measure of justice for a tragic event that should never have occurred.
Have you lost a loved one due to someone else’s negligence? Contact Keith & Lorfing today at (325) 225-0143 or contact us online to schedule a meeting with our wrongful death lawyer in Lubbock.
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Elements Needed for a Wrongful Death Claim in Texas
A wrongful death claim arises when a person’s death results from another’s wrongful act, neglect, carelessness, unskillfulness, or default. To pursue a successful wrongful death claim, certain elements must be established to demonstrate liability and secure compensation for the surviving family members:
Duty of Care
The first element in a wrongful death claim is proving that the defendant owed a duty of care to the deceased. This means showing that the defendant had a legal obligation to act in a certain way toward the deceased to prevent harm. For instance, drivers have a duty to follow traffic laws and drive safely to avoid accidents.
Breach of Duty
Once a duty of care is established, the next step is to demonstrate that the defendant breached this duty. A breach of duty occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances. Examples include a driver running a red light, a property owner failing to fix hazardous conditions, or a medical professional providing substandard care.
Causation
The third element involves proving causation, meaning that the defendant’s breach of duty directly caused the death of the deceased. It must be shown that the defendant’s negligent actions or omissions were a substantial factor in causing the death and that the death would not have occurred but for the defendant’s conduct.
Damages
Finally, the claim must establish that the death resulted in quantifiable damages. This includes both economic and non-economic losses suffered by the surviving family members. Economic damages can cover medical expenses incurred prior to death, funeral and burial costs, lost income, and loss of future financial support. Non-economic damages may include pain and suffering, emotional distress, loss of companionship, and loss of consortium.
Eligible Claimants
The following individuals are eligible to file a wrongful death claim:
- Surviving spouses
- Surviving children, both minors and adults, including adopted children
- Surviving parents, including adoptive parents
- Personal representatives of the deceased person’s estate
The claim can be filed individually or jointly by the eligible family members. If no claim is filed by the family within three months of the death, the personal representative or executor of the estate may file the claim on behalf of the family.
Pursuing Compensation in a Wrongful Death Claim
Losing a loved one due to someone else’s negligence is devastating. While no financial settlement can replace your loss, compensation can help alleviate financial burdens and provide some justice. Here are the types of compensation you can pursue in a wrongful death claim:
Economic Damages
- Medical Expenses: Costs for medical treatment prior to death.
- Funeral and Burial Costs: Expenses for the funeral, burial, or cremation.
- Loss of Income: Compensation for the deceased’s lost wages and future earnings.
- Loss of Financial Support: Financial contributions the deceased would have provided.
Non-Economic Damages
- Pain and Suffering: Compensation for the deceased’s pain and suffering before death.
- Emotional Distress: The family’s emotional trauma and mental anguish.
- Loss of Companionship: Loss of love, companionship, and consortium.
- Loss of Parental Guidance: Loss of care and guidance for children.
- Loss of Household Services: Loss of domestic services the deceased provided.
Exemplary (Punitive) Damages
In cases of gross negligence or willful misconduct, the court may award punitive damages to punish the at-fault party and deter similar behavior.
Contact Our Lubbock Wrongful Death Lawyer
If you have lost a loved one due to someone else’s negligence, contact Keith & Lorfing at (325) 225-0143 or contact us online to schedule a FREE consultation with our wrongful death attorney in Lubbock.
About Keith & Lorfing
Keith & Lorfing is a leading litigation firm in West Texas, with a strong focus on wrongful death cases. Our attorneys have decades of courtroom experience and are recognized for their exceptional litigation and trial skills, coupled with a practical approach to efficiently resolving cases.
We have a proven track record in wrongful death law, offering the expertise and resources necessary to protect your legal rights during challenging times.
- Recognized as Best Lawyers in Abilene for 2023
- 75+ Years of Combined Experience
- 500+ Jury Trials Conducted
- Former State & Federal Prosecutors on Staff
- Multiple Offices Throughout West Texas
- Personalized Case Handling
Trust Keith & Lorfing to provide the dedicated representation you deserve.
Hiring a Lubbock Wrongful Death Attorney
When faced with the tragic loss of a loved one due to negligence, hiring an experienced wrongful death attorney is a vital step. Our attorneys are committed to providing compassionate and skilled representation to help you through this difficult time. Here’s how we can assist you:
- Investigate the Incident: Gather evidence, interview witnesses, and consult with experts to establish liability.
- Provide Expert Legal Guidance: Take you through wrongful death laws to build a strong case.
- Negotiate Settlements: Work towards fair compensation for your loss, covering medical expenses, funeral costs, and emotional distress.
- Represent You in Court: Advocate on your behalf to ensure justice is served.
Choosing the right attorney ensures you have a dedicated advocate by your side, committed to achieving the best possible outcome for your case. Trust Keith & Lorfing to support you every step of the way.
Statute of Limitations for a Wrongful Death Case in Texas
In Texas, the law imposes a specific timeframe, known as the statute of limitations, within which a wrongful death claim must be filed. Understanding and adhering to this timeframe will preserve your right to seek compensation for your loss.
Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of the deceased person’s death to file a wrongful death lawsuit. Missing this deadline can result in the forfeiture of your right to pursue legal action and obtain compensation.
There are certain circumstances where the statute of limitations may be extended or tolled, including:
- Discovery Rule: If the cause of death was not immediately known, the statute of limitations may begin from the date the cause of death was discovered or reasonably should have been discovered.
- Minors: If a minor child is a potential plaintiff, the statute of limitations may be tolled until the child reaches the age of 18.
- Fraud or Concealment: If the defendant fraudulently concealed their wrongdoing, the statute of limitations might be extended.
As you can see, taking timely action is essential in wrongful death cases. Delaying the filing of a claim can result in the loss of critical evidence, challenges in witness testimony, and diminished chances of a successful outcome.
Early consultation with an experienced wrongful death attorney can ensure that your case is filed within the legal timeframe and that all necessary steps are taken to build a strong claim. Contact us today!
Identifying the Negligent Parties in a Wrongful Death Case
Successfully identifying these parties ensures that you can pursue appropriate legal action and seek the compensation your family deserves. Here’s how to identify and prosecute the negligent parties:
- Individuals: This can include drivers in car accidents, property owners in slip and fall cases, medical professionals in cases of medical malpractice, or assailants in criminal acts.
- Businesses: Companies can be held liable for wrongful death if their actions or negligence contributed to the death. This includes employers in workplace accidents, manufacturers of defective products, or businesses that fail to maintain safe premises.
- Government Entities: In some cases, government entities can be held responsible for wrongful death, such as in accidents involving government vehicles or dangerous road conditions that were not addressed.
- Multiple Parties: Often, more than one party may be responsible for a wrongful death. For example, in a car accident, both a negligent driver and a manufacturer of a defective car part could be liable.
Identifying and prosecuting the negligent parties in a wrongful death case can be complex and challenging. Our experienced wrongful death lawyer can help guide you through the legal process, ensuring that all responsible parties are held accountable.
Understanding Contingency Fees in Wrongful Death Cases
Contingency fees are a type of payment arrangement where our fees are contingent upon winning your case. This means that you do not have to pay any upfront fees or hourly rates. Instead, our payment will come as a percentage of the compensation awarded to you.
- No Upfront Costs: You don’t need to worry about paying any legal fees at the start of your case. This allows you to focus on your family and healing without the added financial stress.
- Attorney Incentive: Since the attorney’s payment depends on the success of the case, they are highly motivated to work diligently to secure the maximum compensation possible.
- Percentage-Based Payment: The attorney’s fees will be a pre-agreed percentage of the settlement or court award. This percentage is typically discussed and agreed upon before the attorney begins working on your case.
- Access to Justice: Contingency fees make it possible for individuals who might not afford legal representation to seek justice and compensation for their loss.
- Risk-Free Representation: If your attorney does not win your case, you do not owe any legal fees. This reduces your financial risk.
- Focus on Results: Knowing that their payment depends on winning the case ensures that your attorney is committed to achieving the best possible outcome for you.
Why Choose Keith & Lorfing Over Other Wrongful Death Attorneys in Lubbock
- Extensive Expertise: With over 75 years of combined experience, our team is adept at handling complex wrongful death cases.
- Highly Qualified Team: Our attorneys are among the most credentialed in West Texas, providing top-notch representation.
- Strategic Approach: Our methods are designed for outstanding results, aiming to maximize your chances of a favorable settlement or trial victory.
- Ample Resources: Multiple attorneys on staff ensure we deliver high-quality service and client satisfaction.
- Rapid Response: We use modern practices to guarantee quick turnaround and response times.
- Flexible Meeting Options: We offer both in-person and virtual meetings to accommodate your needs.
- Convenient Locations: Our offices in Lubbock, Midland, Abilene, and San Angelo make us easily accessible.
- No Upfront Costs: We cover all case expenses. If we don’t win, you owe us nothing.
OUR STREAMLINED PROCESS
FASTER. SIMPLER. EASIER.
With access to your very own legal team, a network of medical professionals, and clear direction on how to maximize your recovery, we take the pain and hassle out of the equation:
- Step 1: Meet with our Legal Team – it’s free!
- Step 2: Seek Medical treatment – we’ll help.
- Step 3: Follow the checklist in your client portal.
- Step 4: We’ll Make ‘Em Pay!
- Step 5: Cash your check.
Other Locations We Serve
As expert Lubbock personal injury attorneys, we cover the entirety of West Texas, including but not limited to:
Contact a Lubbock Wrongful Death Attorney Today!
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Despite being grounded in West Texas, our team has some of the most extensive experience you will find. We leverage our legal experience, trial skills, and unwavering work ethic to advocate for fair and just settlements or verdicts in wrongful death claims.
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Russell Lorfing
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You’ll Be Informed About Your Case Every Step of the Way
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We’re committed to being the best in the West! Proudly serving clients throughout Abilene, Lubbock, San Angelo, Midland & all of West Texas.
