All too often, a person’s reckless, careless, or malicious misconduct has fatal consequences. If your family recently lost a loved one because of circumstances like this, it is understandable that you might be overwhelmed by the thought of filing a civil lawsuit. However, a compassionate injury attorney is here to help.
A Lakeway wrongful death lawyer can help you enforce your legal right to pursue financial recovery after losing a loved one to someone’s carelessness. Legal action may be vital to protecting your entire family’s financial security and best interests. With the help of our legal team, you can effectively demand the restitution you deserve while minimizing additional stress during this uncertain and traumatic time.
A wrongful death case is a subtype of injury claim, meaning it is subject to many of the same basic rules as a lawsuit following a car crash, trip and fall, or instance of medical malpractice. However, a wrongful death claim is usually filed by someone close to the deceased plaintiff.
For instance, according to Texas Civil Practice & Remedies Code §71.004, a deceased person’s spouse, children, or parents may pursue litigation in a decedent’s name for losses they have suffered already and will suffer in the future because of their loved one’s death. If none of these family members file suit within three months and do not object to a claim, a decedent’s executor, as nominated in their estate planning documents, may pursue a claim on the estate’s behalf.
Wrongful death litigation is possible in any situation where a decedent would have been able to file suit based on someone else’s negligence or criminal act had they survived their injuries. A knowledgeable attorney in Lakeway can explain these and other applicable wrongful death regulations in more detail during a consultation.
A comprehensive wrongful death lawsuit may seek compensation for all economic and non-economic repercussions that a person’s death has on eligible surviving family members, including past and future losses. Specific damages that a seasoned lawyer in Lakeway could potentially factor into a wrongful death claim include compensation for:
However, a family must file a claim within two years of a decedent’s death in accordance with TX Civ. Prac. & Rem. Code §16.003. Texas law establishes virtually no exceptions to this statute of limitations.
Filing suit after a family member’s wrongful death can be an immensely stressful process made exponentially harder by heartache and grief. It is not something you should go through alone – you could benefit from taking your case to a legal representative.
A Lakeway wrongful death lawyer can be your ally from start to finish of whatever financial recovery you wish to pursue. Call today to schedule a confidential meeting.