Losing a family member to an accident or criminal act is a devastating experience. You suffer from the loss of their love and companionship and grieve the experiences you will never share with them again. When the deceased contributed to the maintenance of your household, your family may also be facing financial hardships.
A family who lost a loved one because of someone else’s action or inaction could bring legal action seeking compensation. A Premont wrongful death lawyer could discuss the circumstances of a loved one’s death with the family and explain the legal options that might be available in their case. Our personal injury team is here to help you fight for justice and compensation that may help you support your family moving forward.
The Basis for a Wrongful Death Lawsuit
When the conduct of a person, business, company, or government led to the conditions that caused a loved one’s death, surviving family members could have grounds to pursue a wrongful death lawsuit. The family must be able to show that the other party’s negligence was a contributing factor in the death.
Negligence means not taking reasonable steps to assure the safety of others. In a car accident, the at-fault driver is negligent. In a workplace accident, the employer or some third party might have been negligent. A fatal fall or drowning could be the property owner’s fault. A Premont wrongful death attorney could investigate any accident to determine whether another party’s negligence was the primary cause.
Sometimes, someone’s death is the result of a criminal act. In that case, the family must show that the other party’s reckless or intentional actions led to the death. A family could succeed in a wrongful death lawsuit even if a prosecutor does not secure a conviction against the person who committed the crime.
Financial Compensation in Wrongful Death Actions
When a family wins a wrongful death lawsuit, they receive compensation from the negligent person or entity. A wrongful death claim is a civil claim, meaning the responsible party will not go to jail or suffer any other form of punishment.
Although no amount of money can make up for losing a loved one, compensation could help a family establish financial security and plan for the future. A family could recover damages for the money a breadwinner would have contributed to the household until they retired. Other damages a family could receive through a wrongful death lawsuit include the:
- Value of the household services the loved one provided, like cooking or gardening
- Money the loved one would have saved to pass on to their heirs
- Loss of the loved one’s love, guidance, and emotional support
Family members also can seek damages for the grief and emotional turmoil they experienced due to the loved one’s death.
Texas Civil Practice and Remedies Code § 71.004 allows a surviving spouse, children, or parent to bring a wrongful death lawsuit. The money from a wrongful death verdict or settlement goes directly to the deceased person’s immediate family members. If the loved one owed money to anyone, the creditors cannot claim money from a wrongful death lawsuit. A lawyer in Premont with experience handling wrongful death claims can help a family understand their right to pursue compensation and guide them through the claims process.
Contact a Premont Wrongful Death Attorney for Support
If someone else’s careless, reckless, or deliberate act caused your loved one’s death, you have the right to hold them accountable. A wrongful death lawsuit could force them to take responsibility for the harm they have done.
A Premont wrongful death lawyer is here for you every step of the way. Call now to discuss your situation with a caring attorney.