When accidents have fatal consequences, surviving family members are left to pick up the pieces of a loved one’s life while also grappling with their own heartache and grief. In these tragic situations, adding a civil lawsuit to your burden might understandably seem overwhelming. However, holding a negligent defendant responsible for your loss and its effects can be crucial to protecting your family’s interests now and well into the future.
Guidance from a compassionate personal injury attorney can make a huge difference in how efficiently and effectively you can pursue a uniquely sensitive claim like this. A Leander wrongful death lawyer can help you pursue a settlement or civil court verdict that covers all your compensable losses while minimizing additional stress put on you and your loved ones.
Under Texas Civil Practice & Remedies Code §71.002, a person can hold civil liability for someone else’s wrongful death if they directly cause that person’s passing through their own “wrongful act, neglect, carelessness, unskillfulness, or default.” Additionally, in order for a wrongful death claim to be an option, the decedent must have been able to file a personal injury claim had they survived the accident in question.
As a Leander wrongful death attorney can explain, TX Civ. Prac. & Rem. Code §71.004 establishes that only the decedent’s surviving spouse, children, and/or parents, can recover compensation through a wrongful death case. Additionally, those parties are the only ones who can actually file the claim for the first three months following their family member’s death. After that three-month period passes, the decedent’s estate administrator or executor may pursue a claim on behalf of the estate and any eligible beneficiaries noted above, unless all surviving beneficiaries specifically request that no claim be pursued.
The primary purpose of wrongful death litigation is to compensate surviving family members for the financial and emotional turmoil they will experience after losing a loved one. Common examples of compensation in wrongful death cases include repayment for:
Losses sustained by the decedent’s estate and/or the decedent between their accident and their eventual death may be recoverable through a separate type of claim called a survival action.
However, according to TX Civ. Prac. & Rem. Code §16.003 a wrongful death claim needs to be filed within two years after the decedent’s original date of passing. Working closely with a seasoned lawyer can be key to building a strong and comprehensive claim within this time limit following a wrongful passing in Leander.
There is hardly ever an easy way to move forward after an unexpected death in the family, and certainly not after a death that only happened because another person was reckless, careless, or acting unlawfully. While civil compensation cannot fully erase the pain of your loss, it can do a lot to stabilize your family’s finances and minimize the impact this tragedy has on you in the long term.
A Leander wrongful death lawyer can discuss your options in detail during a confidential consultation. Schedule yours by calling today.