When a person dies as a result of the actions or negligence of another person, it is considered a wrongful death. Whether or not the event was considered to be a criminal act, certain individuals related to the deceased have a legal right to make a claim against the responsible person, often with the help of wrongful death lawyer. When filed in Texas within the statute of limitations, it is possible for certain related parties to file a complaint in relation to the wrongful death of their loved one.
Basic Information
It is always hard to handle the death of a loved one, especially if it was unexpected. For those family members who were financially dependent upon the deceased, it can be even more difficult. Dealing with both a personal and financial loss due to the death of a loved one can be eased a little by receiving some type of settlement from the responsible party. Even with an accidental death, the responsible party may be found guilty of wrongful death and may be held responsible for restitution to family members who have filed a complaint.
Who Can Make A Claim?
Lawyers who handle wrongful death claims in Texas may file a claim on behalf of the surviving family members of a deceased whose death resulted from the misconduct of another person. Such claims are customarily filed by a surviving spouse, surviving children, and dependent surviving parents.
Wrongful death claims may be filed by the above noted people either by themselves or as a group. If after three months none of these parties have filed a wrongful death claim, a representative or executor of the estate can file a wrongful death claim on behalf of the estate so long as none of the surviving family members have requested that a claim not be filed. Sorting through such complexities is best handled by experienced wrongful death lawyers on behalf of the surviving members or the deceased’s estate.
Why File A Claim?
Not every unexpected death situation will qualify for a wrongful death lawsuit. Family members who claim hardship from the loss of the deceased will have the burden of proof to demonstrate how and why the death has caused and what in that loss causes hardship for those filing the claim. This is more simple to prove financial loss when the claim is made by a surviving spouse or dependent children. Others filing a lawsuit will have a greater burden of proof to successfully make a wrongful death claim.
Damage Awards
Claimants can file a complaint to recover expenses for funeral and burial costs, lost income or benefits, and emotional pain and suffering, although filing a claim does not guarantee an award. It is critical that any family member considering filing a wrongful death claim seek the help of qualified and experienced wrongful death lawyers to sort through all the complexities of making this type of a claim.
The loss of a loved one is such a difficult experience for everyone involved, especially if the death was unexpected and the result of another person’s actions. Although filing a wrongful death claim cannot erase all of the pain of losing a loved one, damage awards resulting from such a claim can at least ease any potential financial burdens surviving family members may face. Anyone considering filing such a complaint should contact lawyers who have experience in handling wrongful death claims as soon as possible to discuss the situation and determine if a valid claim can be made.
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