Fort Worth Wrongful Death Attorney

Attorney Doug Goyen Has someone you love been killed in Fort Worth as a result of someone else’s negligence? A wrongful death claim may entitle you to monetary compensation. While money will never be able to replace your loved one, it can help to make the grieving process a little easier. Contact our Fort Worth wrongful death attorney at the Law Office of Doug Goyen to learn how we can assist you during this difficult time. We are here for you if you have lost someone as a result of an accident, a fall caused by a dangerous condition, or another wrongful act.

We provide a free consultation, and there is no risk in requesting our assistance. Please contact us right away if you require legal counsel.

Call For A Free Case Review (972) 599 4100

YOU DESERVE A FORT WORTH WRONGFUL DEATH ATTORNEY WITH EXPERIENCE

You’ve just experienced the heartbreaking loss of a loved one. You may discover that you do not have enough money to cover funeral or burial expenses in the days following a fatal Fort Worth accident. You may be concerned about how you will make ends meet if you are financially dependent on a loved one. These are the types of damages that can be recovered in a wrongful death lawsuit.

One of the most important things you can do is seek compensation. You should not put your wrongful death case in the hands of just any law firm. You have the right to work with attorneys who have the experience and resources to get you the compensation you deserve. That is what you will receive if you turn to the Law Office of Doug Goyen for assistance in your time of need.

Since 1997, our Fort Worth personal injury lawyers have been dedicated to assisting families just like yours. We have more than 23 years of experience navigating difficult wrongful death cases. Our dedication to our clients and our hard work pay off. Our track record of achievement speaks for itself.

We feel your anguish and sorrow. That is why we will go above and beyond to secure the funds you require and deserve during your time of bereavement. Call us today to discuss your case.

No Fee Unless You Win Call (972) 599 4100

IN TEXAS, WHAT IS A WRONGFUL DEATH?

Men carrying a coffin The Texas Wrongful Death Act, found in Chapter 71 of the Texas Civil Practice and Remedies Code, defines wrongful death as a death caused by another person’s or corporation’s wrongful act, carelessness, unskillfulness, neglect, or default.

The majority of wrongful deaths are usually the result of:

Falls from dangerous conditions on a premises
Dangerous work conditions

Traumatic Brain Injury Death Statistics: In 2019, the CDC reports there were approximately 61,000 traumatic brain injury-related deaths in the United States. Every day, approximately 166 people die as a result of TBI.

Fatal Fall Death Statistics: In both Texas and the United States, the number of fatal falls has increased significantly over time. There were 1,495 unintentional fall-related deaths among Texans 65 and older in 2015. Men had higher rates of fatal fall injuries than women across all age groups. In 2015, traumatic brain injury was found in 48 percent of fall-related deaths (TBI). TBI was twice as common in men as it was in women.

Auto Accident Death Statistics: In 2018, the Texas Department of Transportation reported 3610 fatalities. In 2019, there were no deathless days on Texas highways.

Workplace Death Statistics: In 2018, there were 488 fatal occupational injuries in Texas. In 2018, a total of 5,250 U.S. workers died as a result of fatal occupational injuries across the country.

We will work with you to restore your family’s dignity and to help you seek justice for what happened. Our Fort Worth personal injury attorney will hold the wrongdoers accountable.

Call For A Free Case Review (972) 599 4100

WHO CAN FILE A WRONGFUL DEATH CLAIM IN TEXAS?

Not everyone will have the right to file a wrongful death lawsuit after a fatal accident. In fact, the plaintiff must be a statutory beneficiary listed in the Wrongful Death Act who can legally file a wrongful death claim. This claim is, however, filed on behalf of a victim’s surviving beneficiaries.

This can include:

A spouse
Children
Parents.

In general, immediate family members are eligible to file a wrongful death lawsuit as long as they meet the definition spelled out in the Act.

COMPENSATION AVAILABLE IN WRONGFUL DEATH CASES

The amount of compensation available to families who file wrongful death lawsuits in Fort Worth and throughout Texas varies greatly from case to case. When someone is killed as a result of negligence or an intentional act, the deceased’s family can seek restitution under the Texas Wrongful Death Act and the Texas Survival Statute. When the Law Office of Doug Goyen handles claims of this nature, we typically seek compensation for:

Wrongful Death Statute Damages (Damages done to the family – spouse, children, parents):

1) Pecuniary losses (these are financial losses suffered by those covered by the Act).
2) Mental anguish damages.
3) Loss of companionship and society, and
4) Loss of inheritance. Moore v. Lillebo, 722 S.W.2d 683, 687 (Tex.1986).
5) Wrongful death damages received are NOT subject to debts owed by the estate.

Survival Statute Damages (Damages the deceased would have been able to obtain had they survived):

1) Pain and suffering and Mental Anguish.
2) Medical Expenses.
3) Funeral Expenses.
4) Exemplary or Punitive Damages.
5) Damages are distributed among estate (heirs) pursuant to any will, or if none then pursuant to Texas laws of descent and distribution.
6) Survival damages ARE subject to debts owed by the estate.

We also seek exemplary or punitive damages if the at-fault party’s behavior was intentional or malicious.

Start fighting for the compensation you and your family deserve after the death of a loved one.  Do not hesitate to contact our skilled and experienced lawyers. We look forward to learning more about your case and developing a successful plan of action for your case.

Call For A Free Case Review (972) 599 4100

WRONGFUL DEATH CLAIMS VS. SURVIVAL CLAIMS

Wrongful death damages are calculated based on each immediate family member’s personal relationship with the loss of a loved one. Under Texas wrongful death law, parents, children, and spouses can all file a claim. Each wrongful death beneficiary’s claim is valued based on their relationship with the deceased.

In general, spouses suffer the most severe damages, followed by minor children, adult children, and finally parents. However, each case is unique, and a Texas judge or jury will hear evidence about the relationship as well as each person’s human and economic losses.

Survival claims are distinct from wrongful death claims. Survival claims are about the deceased’s personal injuries before they died. In Texas, a survival claim is the deceased’s personal injury claim prior to death. As far as damages are concerned, a survival case is viewed through the eyes of the deceased.

The estate of the deceased files the lawsuit for survival damages. The estate would distribute the damages to the appropriate heirs.

The following are the general distinctions between a wrongful death and a survival case:

A valid claim in a wrongful death lawsuit requires the presence of a legal heir. It could be a parent, a child, or a spouse. In Texas, a wrongful death lawsuit can not proceed if there is no legitimate heir. This is due to the fact that wrongful death lawsuits in Texas compensate the immediate family for their loss.

In a survival case, it is the deceased’s damages that are valued by a judge or jury in Texas. A claim is filed in order to recover damages that the deceased could have recovered if he had lived.

Call For A Free Case Review (972) 599 4100

PEOPLE WHO CAN FILE A SURVIVAL LAWSUIT

Close family members or an estate representative file survival claims. A probate court can also appoint someone to sue on behalf of the estate in a survival lawsuit.

TIME LIMITS FOR FILING WRONGFUL DEATH LAWSUITS

According to the Texas Wrongful Death Act, the statute of limitations is two years from the date the case arose (typically this is the date of death with regards to the Wrongful Death Act). The case must be settled or a lawsuit filed within two years, or you will forever lose the right to pursue a claim.

Compare this to the Texas Survival Statute, which has a two-year statute of limitations from the date of the occurrence that caused the injury that resulted in the decedent’s death. This is frequently a different date than the decedent’s actual death. An injury may occur, and the decedent may have survived for days, weeks, months, or even years before succumbing to the injury. This type of situation results in two separate statutes of limitations for the various causes of action available as a result of the wrongful act that caused the death.

It is very tempting to postpone hiring an attorney for your wrongful death claim until the statute of limitations has expired, especially when dealing with the terrible grief that comes with losing a family member. We recommend that you hire a qualified wrongful death lawyer as soon as possible after the accident.

Delaying makes it more difficult to prove the case. The longer it takes after the accident, the more difficult it is to gather the necessary evidence. Waiting makes it more difficult to find witnesses. Significant evidence may be lost or destroyed. Identifying responsible parties at the last minute can also be difficult or sometimes impossible if you wait too long.

Call For A Free Case Review (972) 599 4100

FREE CASE REVIEW

If you or someone you know needs assistance in a wrongful death case call (972) 599 4100 for a free consultation and a free strategy session regarding your case. The strategy session includes a summary of your case, identification of the legal issues involved with your case, and identifying those legal issues that will help maximize your recovery in your case. We will email a copy of this strategy session to you for you to keep. Call us today. There is no fee unless you win.

Contact our office for a free consultation with a Fort Worth wrongful death attorney regarding your wrongful death case. If it was caused by negligence or wrongdoing the beneficiaries and the estate need to be compensated and paid for their loss.

DIRECTIONS TO OUR OFFICE

15851 Dallas Pkwy #605
Addison, Texas 75001
(972) 599 4100 phone
(972) 398 2629 fax

Directions to our office: We are on the southbound side of the service road to the Tollway. Stay on the Dallas North Tollway until you come to the Keller Springs exit. Take the Keller Spring exit. Stay on the service road on the southbound side and go just past Keller Springs. Our office is the 2nd building south of Keller Springs, located on the service road to the North Dallas Tollway in the Madison Business Center on the 6th floor.

By Doug Goyen, douggoyen@goyenlaw.com

Call For A Free Case Review (972) 599 4100

Client Reviews
★★★★★
You want a great lawyer who keeps you informed on whats going on speaks with you personally and gets the job done call Doug Goyen. He is excellent & very professional you wont go wrong choosing him!! Thanks again for all your help Mr. Goyen! Socorro V.
★★★★★
Very efficient staff. I am VERY pleased with this firm. Gina W.
★★★★★
Very professional job handling my accident claim. I had some ER bills, and some visits to my ortho after (and various other bills that kept coming in). I was afraid I was going to get stuck owing money, but Doug Goyen took care of the case and had everything paid, including compensating me for the injury. Great lawyer IMO. I felt like my case was taken care of very well. Thx!! Bernard M.
★★★★★
Doug is a great attorney. He took care of my auto accident claim promptly, and answered any questions I had. I also had one of my hospital bills go into collections for non-payment. I was able to contact Doug a year after the accident, and received a copy of the check the hospital claimed they didn’t receive. I highly recommend this guy. David J.
★★★★★
The Law Office of Doug Goyen helped me recovery every bit I was owed on my claim. Very happy I used them. They knew what they were doing, and kept me informed. I felt taken care of the whole way. You wont go wrong using them. Arthur H.
★★★★★
Mr. Goyen helped me take on my own insurance company, the great and mighty Allstate. My prior firm basically dumped me, with a permanent injury because the case didn’t meet their financial guidelines for a settlement. I was a bicycle rider hit by a car driver at an intersection, and Allstate was the company on BOTH SIDES OF THE CLAIM. My own insurance company tried to throw me under the bus to limit their payout! Without Mr. Goyen’s help, I would have been left with NOTHING! I had thousands of dollars in unpaid medical bills, unable to receive treatment to correct the issue. He was unafraid and helped me get the best settlement I could … I am tremendously thankful! Pamala M.
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