Claims for wrongful death can be filed against a defendant who is responsible for the death of another person, whether that death was the product of the defendant’s carelessness or a deliberate act on their part.
Claims for wrongful death enable the deceased person’s estate or people who were close to them to initiate a lawsuit against the party who is legally liable for the death of the person who has died.
Even if the rules of wrongful death are different in each state, cases of this type are typically brought by a representative of the estate of the deceased individual, frequently on behalf of surviving family members who have been negatively impacted by the death.
Surviving Loved Ones Can Seek Compensation for Their Loss Through Wrongful Death Claims
Like personal injury claims, wrongful death lawsuits let the victim’s family collect compensation for the financial losses they sustained as a result of the defendant’s negligence. Only the individual who has suffered the harm can file a claim for damages in a personal injury case.
However, when the victim of an accident or other tragedy does not make it through the ordeal alive, their surviving loved ones may file a claim for wrongful death damages.
Family members of a deceased person (the decedent) may file a wrongful death claim in order to seek financial compensation for the loss of a loved one. A wrongful death attorney can help you establish these responsibilities and your legal standing.
Who Is Eligible to File a Claim for Wrongful Death?
Certain members of the deceased person’s family are eligible to submit wrongful death claims in the state of Texas. The decedent’s spouse, children, and the deceased person’s parents are entitled to file this type of claim under the law.
If the adoption was done in accordance with the law, an adopted child may have the right to pursue a wrongful death claim under certain circumstances. It is also possible for adoptive parents to pursue wrongful death claims on behalf of their adopted children.
You can submit these claims as a single action, or the family may sue for wrongful death. If no family steps forward to submit a claim within three months after the individual’s passing, the executor or administrator may initiate a wrongful death claim.
How Long Do You Have to Submit a Claim for Wrongful Death?
In accordance with Texas Civil Code 16.003, you have two years from the date of death to file a claim in the state of Texas. However, the statute of limitations in your state may be different. Note that if you are considering filing a wrongful death claim, the statute of limitations may be reduced under certain conditions.
This statute of limitations can be significantly shorter in situations involving medical malpractice or government agencies.
With the passage of time, evidence may be destroyed or damaged, making it harder to locate evidence to support your wrongful death claim. It is in your best interest to seek legal counsel as quickly as possible after the death of the loved one.
Wrongful Death Claims May Be Filed In Various Circumstances
When a victim who previously launched a personal injury lawsuit passes away from their injuries a claim for wrongful death may be brought on their behalf.
Several circumstances, including the ones listed below, may lead to this occurrence:
A wrongful death lawsuit may be possible in cases of intentional homicide. For instance, when someone murders another individual, he or she will be charged with a crime. Additionally, the victim’s family may file civil actions for wrongful death against the offender. The case concerning wrongful death is a civil matter apart from the criminal case.
If a doctor fails to detect a fatal ailment in time, or if the doctor’s treatment is negligent and the patient dies as a result, the patient’s family may be able to launch a wrongful death suit against the doctor and any other medical professionals involved.
When someone dies in a car crash, and authorities determine that the death was caused by the other driver’s carelessness, the family of the deceased may file a wrongful death action against that driver. Drunk driving, breaking traffic regulations, and reckless driving are all forms of carelessness that may occur behind the wheel.
The owner or management of a property can be held liable for a fatality that occurs there if negligence can be established as the cause of the event. Examples include tumbling down the stairs because the landlord didn’t fix the loose railing or slipping in a puddle at the grocery store and striking your head.
Defective and Dangerous Drugs
The defendants in a wrongful death claim can include the drug’s maker, designer, and anybody else who had a hand in the drug’s production or distribution if it was determined to be faulty. A medicine that was intended to relieve indigestion symptoms might have unintended consequences, such as the development of cancer.
What to Think About When Considering Working With a Wrongful Death Attorney
Wrongful death claims, like most other lawsuits, seldom reach a jury trial. The high cost of going to court means that the insurance companies will try to settle out of court. In most cases, a lawyer will be able to negotiate a better deal for their client than the defendant would be able to on their own.
A wrongful death claim may be possible if your loved one passed away as a result of an accident or injury brought on by the carelessness or wrongdoing of another person, business, or government agency.
Because of the time constraints associated with bringing a lawsuit, you should get in touch with a personal injury attorney with Buzbee Law Firm as soon as possible to explore your legal options.