An unexpected death is always a tragedy that will force a family to reconsider their financial situation. At the very least, you will need to consider how to pay for funeral expenses, as well as any outstanding medical or hospital bills. However, the impact of a wrongful death can carry on far into the future. This death can affect your family’s financial future, especially if the decedent was a primary earner. The loss of that family member can also create great emotional stress in family members. Pursuing a wrongful death lawsuit is one way for you to move forward while not worrying about the financial burdens of the loss.
A Meyerland wrongful death lawyer may be able to help you hold defendants accountable for their actions. Our compassionate personal injury attorneys identify all people and entities that carry liability for the death and demand that they provide appropriate compensation.
The laws in Texas strictly define who can bring a lawsuit for wrongful death and when that lawsuit may be appropriate.
The first thing to consider is whether the death was “wrongful” in the eyes of the law. A wrongful death case may be appropriate when the death was the result of another party’s action or failure to act. Any situation that creates a duty to provide protection to another person might serve as the basis for these cases if that failure resulted in a death. Typical examples include car crashes, premises liability claims, fatal accidents at work, defective product cases, and medical malpractice.
Only specific people can pursue these claims on behalf of surviving family members. The immediate family members of the decedent have the sole power to bring these cases to court. A parent, adult child, or spouse can serve as plaintiffs in court when seeking compensation on behalf of the decedent’s family. A Meyerland attorney could help evaluate the facts that led to a wrongful death and hold liable parties legally responsible.
A wrongful death lawsuit in this state is not a single legal action. Instead, Texas Civil Practice & Remedies Code § 71.010 says that the plaintiff can only obtain full compensation by pursuing dual claims under the law.
The first claim is for the economic harm that the death has forced a family to endure. These harms may take the form of medical bills, funeral costs, and lost wages that the decedent can no longer earn. A Meyerland wrongful death attorney could obtain the documentation needed to demonstrate how the event has affected a family’s finances.
The second claim deals with the experiences of the decedent prior to death. Many events that cause a death may mean that the victim experienced physical pain and emotional trauma prior to passing away – which in some cases could be days or weeks after the incident. A wrongful death claim must place approximate dollar values on these experiences to bring families the comfort that they need to cope with the situation and move on in their lives.
An unexpected death that is the result of another person’s or company’s negligence may allow a family to pursue a wrongful death lawsuit. This can help grieving family members collect compensation to pay for outstanding medical bills and to provide a stable economic future. The general framework for most wrongful death lawsuits is the same. A family seeking compensation needs to demonstrate that a defendant would have been liable to the victim for a personal injury claim if the decedent survived the incident.
A Meyerland wrongful death lawyer could be your advocate in making a legal claim for proper compensation. No matter what the cause of the incident was, you deserve to have peace of mind. Contact The Gutierrez Law Firm today and ask to set up a free consultation with a member of our team.