Any accident is a traumatic experience for the people directly involved in it, but an incident with fatal consequences can have a massive impact on everyone who knew and loved them the victim. While no sum of money can restore a life that was cut unfairly short, seeking justice through a civil claim can still be important to minimizing the financial and personal impacts of this tragedy in the long term.
However, these types of cases can be complicated, and people who pursue them without a compassionate personal injury attorney’s guidance often have a very difficult time obtaining the compensation they need. If you want to file suit against the person responsible for a family member’s premature death, working with a Bee Cave wrongful death lawyer can be vital to doing so effectively and efficiently.
In simple terms, a wrongful death lawsuit is an option if a deceased plaintiff was involved in an accident that they could have filed a claim for had they survived their injuries. More specifically, wrongful death litigation can be based on someone causing fatal harm to someone else through reckless, careless, or negligent behavior.
It is key to understand that only the spouse, children, and/or parent(s) of a deceased individual can file serve as beneficiaries in a wrongful death claim, as per Texas Civil Practice & Remedies Code §71.004.
However, if none of those parties survive an accident or if none of them start the litigation process within three months of the decedent’s death, that decedent’s estate executor or administrator can start legal proceedings either on the estate’s behalf or on behalf of eligible beneficiaries. A seasoned attorney in Bee Cave can explain these and other applicable rules in more detail, including the two-year statutory filing deadline that generally restricts wrongful death claims.
To begin, a comprehensive wrongful death case can account for losses sustained by the deceased plaintiff between the day of the accident and the day they passed away. Additionally, a family can predict the future impact that the decedent’s passing will have on their life and factor those inevitable losses into their claim. Specific damages that a skilled lawyer can incorporate into a wrongful death case in Bee Cave include:
If a wrongful death occurs due to a defendant’s “willful act or omission or gross negligence,” a court may award additional punitive damages as punishment for the defendant’s actions. For instance, if a drunk driver caused a fatal crash, they might need to pay punitive compensation to the plaintiff’s family. A knowledgeable legal representative can help determine whether these damages apply to a specific case.
If someone loses their life through another person’s misconduct, their right to file suit and demand compensation for ensuing losses does not die with them. However, there are numerous unique rules that apply to these sensitive cases and pursuing one without professional guidance can be challenging on both practical and personal levels.
A compassionate Bee Cave wrongful death lawyer could provide tenacious support and counsel from start to finish of your legal proceedings. Call today for a private consultation.