The unexpected death of a loved one is always a devastating accident. The unfortunate reality is that someone else’s negligence could suddenly and irrevocably alter the trajectory of your family life.
If your loved one was killed due to another person’s carelessness, you might be entitled to financial compensation. A Temple wrongful death lawyer can help you act against the responsible person to collect the damages you deserve. Potential reimbursement includes payments for lost companionship, wages, or other factors. Self-representation can be incredibly demanding, so do not hesitate to contact a skilled personal injury attorney. En español
Any number of incidents could lead to the unexpected death of a loved one. A defendant’s recklessness could result in a wrongful fatality, but a skilled attorney can hold them accountable. Common causes of a fatal incident may include, but are not limited to:
If a negligent individual caused one of these accidents, an empathetic lawyer in Temple can help the victim’s family begin the recovery process by filing a wrongful death claim.
The terms “wrongful death action” and “survival action” are often used interchangeably, but they refer to two completely different legal claims. The biggest commonality between these two lawsuits is that they both allow a plaintiff in Temple to seek compensation for the death of their loved one. A wrongful death lawsuit is typically filed by a victim’s surviving spouses, children, or parents. The damages collected during this process intend to compensate a family for the sudden loss of their loved one. Compensation includes reimbursement for lost wages and emotional suffering.
Survival action damages serve to repay a family for economic setbacks that the victim suffered before passing away from their injuries. These claims can provide reimbursement for medical expenses, property damages, or pain and suffering that the victim experienced. A simple way to understand a survival action claims is to view it as a personal injury claim that the deceased person would have filed if they survived.
Families who are mourning the death of their loved one typically file both of these claims at the same time. Determining the next steps after submitting a claim can be difficult, but an experienced attorney in Temple can help a victim’s family proceed with their wrongful death case.
In most cases, a wrongful death claim centers around the negligence of another person. To prove that a defendant’s carelessness caused a fatal accident, the plaintiff must demonstrate that the death can be traced back to the defendant’s failure adhere to their duty of care.
Detailed evidence can help prove the defendant’s recklessness. A diligent attorney can investigate police reports, insurance documents, medical records, and many other forms of data to help construct an impactful defense. They can also speak with witnesses to better understand the specifics of the accident. Regardless of the circumstances surrounding a wrongful death case, a tenacious lawyer in Temple can guide a victim’s family through the process of establishing the defendant’s carelessness.
The state of Texas imposes strict limits on who can file wrongful death lawsuits. For instance, Texas Civil Practice and Remedies Code Section 71.004 states that only the surviving spouse, children, or parents of the deceased are allowed to submit a claim. This limitation hopes to protect the rights of immediate family members without overextending the reach of financial compensation. Without these limitations, distant families from outside Temple might try and take advantage of the system and collect undeserved reimbursements.
A knowledgeable Temple attorney understands these legal nuances and can help a victim’s family determine whether they are eligible to submit a wrongful death claim.
Financial damages collected in a wrongful death lawsuit could alleviate some of the burdens that come with the unexpected passing of a family member. Judges consider both economic and non-economic hardships, such as:
Families can collect compensation for any of these setbacks if they file their wrongful death lawsuit successfully. A seasoned Temple lawyer can help maximize compensation and protect a family’s legal rights.
Wrongful death claims and survival action claims are nuanced and successfully submitting one of these lawsuits requires specific evidence. Families must navigate complex evidence rules if they wish for their lawsuit to proceed smoothly.
Fortunately, a Temple wrongful death lawyer can guide you through every step of the process, from filing a claim to overseeing the court proceedings. They can help you compile evidence about the accident and can work hard to communicate the urgency of your lawsuit. Do not hesitate to reach out to the office today for further information.