Killeen Wrongful Death Lawyer
Unfortunately, it is often common for a person’s wrongful death to result from the negligent or reckless behavior of another person, company, or organization. No measure of preparedness can adequately prepare an individual for the untimely death of a loved one. Apart from the heavy emotional weight of the loved one’s death, an individual may face financial and legal burdens following the incident.
If you believe the negligence of another party caused your loved one’s death, you may need to consult with a local personal injury attorney as soon as possible. An experienced Killeen wrongful death lawyer can investigate and gather all information including reports such as medical records and police reports.
Purpose of Wrongful Death Claims
A wrongful death claim seeks monetary compensation from a party or parties found to have caused the victim’s death. These lawsuits help to ease the financial burdens of a victim’s loved ones.
It would be unjustly unfair for a victim’s loved ones to have to bear the financial burden of a loved one killed because of another person’s negligent behavior. Some examples of wrongful death claims include car accidents resulting in death, on the job injuries resulting in death, and large truck vehicle collisions resulting in death.
An at-fault party could potentially face both criminal and civil charges. A competent Killeen wrongful death attorney can advise a victim’s loved ones of their legal rights and legal options.
Differences Between Wrongful Death and Survival Claims
There are fundamental differences between wrongful death and survival claims in Texas. The first compensates surviving family members for the personal losses, while the second compensates the deceased person’s estate for damages from before their death, such as medical bills.
While a surviving family can file the wrongful death suit, close relatives may file the survival claim, but the person named as the administrator of the estate makes those decisions. They will carry out the deceased’s final wishes as outlined in the will. If there is no final will in place, the court will appoint someone to handle those duties on the deceased’s behalf, and it could be a parent, child, or spouse of the deceased.
Wrongful death claims cover the family’s losses, such as grief, future lost income, and loss of companionship. The funds go directly to the surviving spouses, children, and parents. Survival actions cover the descendant’s pre-death medical expenses, lost wages from the deceased, pain and suffering, and the funds to the estate, which are then distributed through a will or intestacy law. Families and the estate can file both claims together to address the losses, often in a single lawsuit.
Eligibility to File a Wrongful Death Claim
Surviving spouses, children, including adopted, or parents of the deceased are eligible to file the wrongful death claim. The statute and eligibility prioritize immediate family. However, in the absence of direct survivors, the law may allow other beneficiaries to take on the legal process on behalf of the estate.
Siblings, grandparents, and unmarried parents are usually ineligible, unless a personal representative authorizes them to file. According to Texas Civil Practice and Remedies Code § 71.004, surviving spouses, including common-law spouses, children, including adopted and adult, and parents have the exclusive right to file the wrongful death suit, in that order. If none of those people are available to initiate legal action, the estate representative may file the claim. A Killeen wrongful death attorney can review the specifics of the case to determine who should file the case and handle the legal work on the family’s behalf.
Statute of Limitations and Time Limits for Wrongful Death Claims
The statute of limitations strictly limits the time surviving family members have to file the petition and commence legal action for wrongful death cases. Under Texas Civil Practice and Remedies Code § 16.003, the plaintiff must file the case within two years of the date of the death. Failing to file the action within the allowable time frame usually means losing the legal right to sue the liable parties.
However, there may be exceptions in some specific circumstances. If the surviving family member is a minor child, the statute’s clock can be suspended, called tolled, until the day they turn 18 and expires the day they turn 20. If the cause of death is initially unknown, the court may grant an extension under the discovery rule.
That means the time begins running the day the surviving family members reasonably discover the cause of the death. A proficient wrongful death lawyer in Killeen can handle the busywork and legal filings, and ensure compliance with the statutes’ deadlines and other guidelines. They can offer legal support and guidance throughout the challenging process while the family navigates this very difficult time, while the family focuses on grieving their significant loss.
Types of Damages Available
Proving damages is critical in a wrongful death case. Monetary compensation can assist a loved one with current and future expenses. Several types of damages are recoverable in a Killeen wrongful death claim such as:
- Pecuniary losses including the loss of support, prospective inheritance, and household services, as well as medical and funeral costs
- Loss of companionship and society such as the loss of emotional intimacy and assistance with household duties
- Mental anguish such as emotional pain and torment
A jury may consider several factors to calculate damages, such as the living arrangements, quality of the relationship, and shared interests between the decedent and the loved one. A prudent Killeen wrongful death accident attorney can establish the fair value of a loved one’s case.
How Wrongful Death Claims Work
Although not required, a loved one can consult with a qualified Killeen wrongful death accident lawyer to file the necessary paperwork for a wrongful death claim. Additionally, an attorney can gather evidence and prepare a compelling case for court.
During this process, the opposing side may present settlement offers to a plaintiff. These offers may be inadequate to cover a loved one’s losses. Throughout the negotiations, an attorney can help a plaintiff decide whether a settlement offer is in the plaintiff’s best interest.
If both parties can settle outside of court, litigation will end once the settlement agreement is signed. On the other hand, a plaintiff may go through several stages of litigation ending in a trial including discovery, depositions, filing of motions and hearings on motions, if the parties do not settle out of court.
How a Killeen Wrongful Death Attorney Can Help
Preparing a wrongful death claim or lawsuit can be overwhelming and sometimes confusing, especially without the proper training and experience. An injured person or surviving loved one should be careful to not risk overlooking evidence or missing some case requirement in the filing or work up process.
A knowledgeable Killeen wrongful death lawyer can assist an injured party to recover the final compensation they deserve after a loved one’s preventable death. Contact our firm today to speak with one of our attorneys about your legal options.
