Wrongful Death Lawyer Serving Collin County
Seeking Justice for Your Loss
Wrongful death lawsuits involve devastating and catastrophic circumstances that change the lives of our clients forever. Attorney Joe Lucé will take the utmost care to handle these matters with due sensitivity, protect his clients from any further emotional damage, and fight vigorously to see justice served on behalf of those clients. If you have lost a loved one, do not hesitate to contact our team for legal support.
When a fatal accident occurs, surviving family members and spouses have legal cause to pursue claims and when necessary, sue for wrongful death, if the death was due to the negligence of another party. Joe has had incredible success in helping families prevail in the face of a difficult emotional crisis, and a difficult legal challenge as well. During such a difficult time for families, Joe strives to be more than a lawyer and is honored to call many of his past clients “friends” to this very day.
Joe knows most companies and insurers either ignore the parties they have harmed, or are sympathetic, but begin to systematically belittle and diminish the claim in order to avoid any of the real costs of their negligence in the matter. You can trust that Joe’s experience in these matters will provide the kind of support and guidance that will benefit you and your family in your fight for justice and fair compensation. Fair compensation in wrongful death lawsuits may include considerations for the following:
- Lost income – future potential earnings of the deceased from day of death on
- Medical expenses
- Funeral expenses
- Pain & suffering the deceased may have endured
- Emotional trauma
- Grief counseling and support
Joe Lucé will help you achieve a legal resolution that can enable you and any affected family members to carry on with your lives in spite of the circumstances. Victims of a wrongful death and their families deserve the dignity and solace that comes from seeing that justice prevails. Joe Lucé and his team Joe Knows Law will do everything in their power to help make that happen.
Wrongful Death Settlements
You should never feel pressured to settle for less than your wrongful death case is worth. Before you accept any payment, you need to consult with an experienced wrongful death attorney. Wrongful death settlements may vary depending on the facts of the particular case. There are several different things that come into play when calculating the worth of the case. Some of these damages can impact your wrongful death settlement:
- Medical bills
- Pain and suffering that occurred before death
Loss of support
- Loss of companionship
- Other costs
A wrongful death lawsuit can be brought by parents, children, or spouses and each can have their own case or agree to file a case together. If you have recently lost a loved one, and you are drowning in the resulting bills that they left behind, talk to an attorney right away. A knowledgeable and compassionate lawyer can help get you the wrongful death settlement you deserve.
If you or a loved one have been affected by a wrongful death and are in need of wrongful death legal advice, guidance, and counsel, please allow us to hear your story and we will, in turn, advise you of what your next steps should be without any cost to you. You can reach Joe at (972) 562-9700. Joe has helped clients from Plano, McKinney, Frisco, Allen, Dallas, Ft. Worth, Sherman, Denison, Collin County, and much of North Texas, and would welcome the opportunity to help you, your family, and your business.
Wrongful Death Claim
A wrongful death claim is a type of civil lawsuit brought about by surviving family members or loved ones of an individual who was killed due to someone else’s negligent behavior or an intentional act. The lawsuit is generally brought against the individual or company responsible for the death. To successfully file and fight such a lawsuit, you need to have proof the incident was due to negligence or intentional behavior.
For the most part, those who win a wrongful death claim will receive damages in the form of medical bills, funeral expenses, lost wages, and emotional trauma experienced due to the incident. These damages will include those of both the decedent and the immediate family members who are filing the suit.
Before such a case can begin, you should hire a professional lawyer to guide you through the proceedings. You may need to fight the lawsuit in a court of law, though many simply choose to settle for the damages outside of court. In this case, the legal battle becomes about the size of the damages and what they encompass.
Wrongful Death Claim Process
Many wrongful death cases are settled out of court. The claim process is relatively simple, though you will want an experienced attorney by your side throughout the proceedings.
- Investigation and Pre-Litigation Phase
The first step in the claims process is to prepare your case and investigate the issue at hand. Someone is responsible for the wrongful death.
- Litigation Phase
An attorney will help you prepare a pleading to the court by submitting a Complaint and Summons served to the responsible individual or party.
- Arbitration and Settlement
If both parties choose to settle out of court, an informal negotiation will begin and a settlement will be decided upon swiftly.
However, if surviving family members and the defendant cannot settle out of court, then the case will be brought to trial.
Common Types of Wrongful Death Cases
Some of the most common types of wrongful death cases we handle include:
- Medical Malpractice
- Auto Accidents
- Bicycle Accidents
- Workplace Accidents
- Defective Products
- Nursing Home Abuse and Neglect
Compensation for Wrongful Death
In the event of a wrongful death, you and your family are owed compensation. You’re entitled to damages for:
- Pre-death pain and suffering
- Medical treatment costs
- Funeral and burial costs
- Loss of expected income
- Loss of inheritance
- Loss of care, guidance and nursing
- Loss of love and companionship
Liable for a Wrongful Death Claim
To be liable for a wrongful death claim, it must be possible to prove the defendant liable for the wrongful death. In the claim, there must be a burden of proof. Negligence is a common example, in which the defendant owed the victim their care, for instance.
Possible Outcomes of Your Wrongful Death Case
If we can prove the defendant is responsible for the wrongful death, the outcome is clear. You and your family will be granted compensation for any damages caused. We fight for the best outcome in any wrongful death case.
Who Can File a Wrongful Death Claim?
In the majority of states across the country, a wrongful death occurs when an individual dies from the intentional action or negligence of another individual or company. Obviously, the law does not allow for a deceased individual to file a wrongful death claim. However, another person is capable of bringing the lawsuit to the court of law. Every single state in the nation allows for an immediate family member to file a wrongful death suit. If the decedent was married, however, a surviving spouse is the individual who would be filing the wrongful death suit. Should the decedent be an adult, an adult child is capable of bringing the suit. If they were a minor, the parent would be the person to file the wrongful death suit. As you can see, immediate family will always be allowed to file a wrongful death suit – no matter which state you happen to find yourself in at the time.
What Is the Difference Between a Murder and a Wrongful Death?
Many people find themselves confused when it comes to murder or a wrongful death suit. Generally, these are two very broad categories within the legal world. A wrongful death is known as a civil action, which can be filed by immediate family members for the deceased with the help of a lawyer, on the sole basis that the decedent died due to careless or negligent acts by another party. With that being said, there are cases where wrongful death suits overlap into the territory of murder, depending on the actions of the liable party. On the other hand, murder is an outright act that involves the heinous act of killing someone with intention. While a wrongful death may be an accident in some cases, murder is never considered an accident.
Is There a Time Limit to Filing a Wrongful Death Claim?
All civil actions, which wrongful death falls into, have an inherent time limit as to when they must be filed in a court of law. These time limits are known as statutes of limitations. When this time period runs out, you lose all legal right to sue another party for your legal claim. In some areas, there is just a one year period for when a surviving family member can file a wrongful death suit, while others have two or three years. The latter is the most common, so you do typically have some time to gather evidence and make the final decision as to whether or not to actually file a claim. This is where hiring a lawyer comes in handy, as they can guide you through the entire process and advise you on when your filing time period is coming to a close. Seek a professional lawyer as soon as possible.
What Kinds of Damages Can I Recover in a Wrongful Death Lawsuit?
When your loved one perishes in some manner that was not their fault, a wrongful death suit can be filed against the negligent party who is at fault for the incident. This whole process takes quite an emotional toll on the family and friends of the decedent, unfortunately, and extreme financial hardship is generally experienced shortly thereafter. When it comes to receiving damages from a wrongful death lawsuit, as an immediate family member you are entitled to receive coverage for all of the decedent’s medical bills from the incident, their mental and physical pain, lost wages, funeral and burial expenses, and emotional damages for your own grieving, which is, no doubt, paramount. To fight for these damages and be awarded all that you are entitled to for winning the case, you should begin the whole process by hiring a professional lawyer as soon as possible. This individual will guide you through the required steps and fight on your behalf.
The person or institution held liable will vary in each case. Common examples include product manufacturers, healthcare providers, a reckless driver or an employer.
A wrongful death attorney must prove the defendant had a duty of care to the deceased party, that they breached this duty of care and their actions were the cause of death.
A wrongful death lawsuit is a civil case. The goal of a civil case is not to punish a defendant with imprisonment but to secure financial damages.