Losing a loved one is one of the most difficult experiences. Grief for a loved one is both severe and long-lasting. This is much more the case when another person’s actions cause the loss of life prematurely.
No amount of money can soothe the sense of loss. The unfortunate reality is that death comes with financial burdens, whether from expenses or the loss of income from the deceased. When someone else caused the death, they should be responsible for those expenses. A Five Points wrongful death lawyer can help you hold the people who caused your loss responsible for their actions. A personal injury attorney can take the legal burden off a grieving family.
According to Texas Civil Practice and Remedies Code § 71.002, a deceased’s family can bring a wrongful death action when the death was caused by another person’s carelessness, negligence, or an intentional act.
Simply experiencing a death is, unfortunately, not sufficient. Instead, the family must generally prove similar elements as if the deceased had brought an injury claim. This includes showing the responsible person owed a duty to the deceased to act with a certain amount of care, did not do so, and that the lack of care caused the deceased’s death.
A Five Points attorney knowledgeable in wrongful death claims can analyze a specific case, explain how these elements apply, and review the likelihood of a recovery.
There are many situations where wrongful deaths occur. Some of the more common include:
How each of these scenarios plays out may differ greatly, but an experienced wrongful death attorney in Five Points can help families understand how the facts surrounding their loss may impact their path to receiving compensation.
Unfortunately, not everyone impacted by an individual’s death has the ability to file a wrongful death lawsuit. Texas Civil Practice and Remedies Code § 71.004 establishes that only the deceased’s parents, spouse, or children can file a claim.
When none of those people file a lawsuit within three months of the death, the person managing the deceased’s estate can bring a wrongful death lawsuit on behalf of the entire estate. In that case, anyone who will receive anything from the deceased’s will indirectly benefits from the lawsuit.
A lawyer in Five Points can help a person determine whether they are able to bring a wrongful death claim and manage and coordinate the efforts of multiple people who wish to do so.
When you lose a loved one, it is unlikely that anything can console you other than time. However, you deserve to have any extraneous stresses or obstacles taken off your plate during this trying period. The unfortunate reality is that death brings many costs—medical, funeral, and estate administration costs. When someone else caused your loss, they should pay for those costs so you can focus on grieving and taking care of your family. Call a Five Points wrongful death lawyer today to see how we can help make that a reality.