People who have lost a loved one due to the negligence, neglect or wrongful act of another, are often paralyzed with anger and anguish. When a loved one dies as a result of another’s careless actions or negligence, the law does not take this situation lightly. Victim’s families can receive compensation for the wrongful death of another individual to care for those who are suffering and facing heartache as a result of the accident, with the help of a wrongful death lawyer.
There is never adequate compensation for the loss of a loved one, but the law has provisions to make things right by ordering the at-fault party or parties to compensate you for your economic and non-economic losses. If you believe that your loved one died as a result of another’s negligence, wrongful act or neglect, we urge you to talk a caring, experienced wrongful death lawyer.
What is a Wrongful Death?
A wrongful death occurs any time someone dies in a situation where they would have been entitled to pursue a claim for personal injury had they survived the accident or altercation. This includes not only situations involving negligence or willful misconduct, but deaths resulting from defective products and dangerous premises as well.
A wrongful death can arise in many different situations, including:
Who can bring a Wrongful Death claim?
Wrongful death law varies from state to state. In Texas, wrongful death claims may be filed by certain members of the decedent’s family. This includes the surviving spouse, the children, and the parents of the decedent. In some cases, an adopted child may file a wrongful death claim if the adoption was legally and fully completed. Adoptive parents may also file a wrongful death claim for their adopted child. These claims may be filed as a single action or the members of the family can group together to file a claim.
Under Chapter 71 of the Texas Civil Practice and Remedies Code, wrongful death claims can be filed by certain parties if the death is caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.
A wrongful death lawyer will be able to help you determine what’s best for your particular situation.
Types of Wrongful Death damages
Damages awarded in wrongful death claims exist to compensate the family members for their losses experienced when losing a loved. The types of damages that are recoverable vary and often depend if the claimant is a surviving spouse, a parent, or a child. The most common damages include:
There are some cases, when the act is done willfully or by gross negligence, that the family may be able to recover exemplary — or punitive — damages to penalize or punish the defendant for their gross negligence and to send a message to help ensure such gross negligence does not happen again
Proving a Wrongful Death claim
To establish liability in a wrongful death claim, the plaintiff will have to prove:
Wrongful death lawsuit Statute of Limitations
Every state sets certain time limits, called the “statute of limitations,” on bringing wrongful death lawsuits. The general rule is that a lawsuit must be filed within two years of the date of the misconduct that caused the death of the victim. In the state of Texas, the surviving family members are required to file their lawsuit within two years of the decedent’s death. There are a few rare and limited exceptions that apply to this rule, but the best practice is to assume that a wrongful death lawsuit needs to be brought before the two-year deadline has passed. Because wrongful death claims are complex matters, it is best to talk to a wrongful death lawyer as early as possible to allow time to investigate and properly bring the claim before the deadline.
What is a Survival Claim?
A survival claim is another type of claim filed against the defendant responsible for your loved one’s death. However, instead of being a claim for your losses (like a wrongful death lawsuit), a survival claim is actually a claim against the defendant for the pain and suffering that they caused your loved one to endure. In other words, you’re taking over the claim your loved one would have had. Technically speaking, the survival claim does not belong to any particular family member. Instead, it belongs to the deceased person.
How we can help
When a loved one is lost, there is not enough compensation in the world to make up for the pain and suffering that takes place. Wrongful death claims are often complex and require careful investigation to ensure surviving family members receive fair compensation.
A wrongful death lawyer from The Carlson Law Firm firm can be your guide through this difficult process. We will be by your side every step of the way. We can also aggressively pursue compensation for the lost loved one. The goal of a wrongful death lawyer is to protect your rights and ensure that your family gets the compensation that you deserve.
There's a Carlson Law Firm near you
With 13 locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Laredo, Bryan, Lubbock, Midland and Corpus Christi.