How to file a wrongful death lawsuit
When someone you love dies due to the negligence or recklessness of another person or company, it is natural to feel overwhelmed and confused. You may be wondering what to do next. Not only are you grieving, but you may also be dealing with significant financial losses. The good news is that you may be able to file a wrongful death lawsuit and receive compensation for your loved one's death.
What is a wrongful death claim?
A wrongful death lawsuit is a civil action filed by the surviving family members of a person who has died due to the negligence or recklessness of another party. To file a wrongful death lawsuit, you will need to prove that your loved one's death was caused by the defendant's actions (or inaction) and that you have suffered damages as a result.
In order to file a wrongful death lawsuit, you will need to hire a personal injury lawyer. A personal injury lawyer will help you gather the evidence you need to prove that the other person or company was negligent or reckless in causing your loved one's death.
What does a personal injury lawyer do?
There are several things a personal injury lawyer will do in order to build a strong case on your behalf. First, they will interview witnesses and collect statements from them. They will also review records, such as medical records and police reports. Finally, they will compile all of this evidence into a legal document known as a complaint.
Who can file a wrongful death lawsuit?
The lawsuit can be filed by the deceased person's spouse, children, or parents. If no one in this group is available or able to file the lawsuit, then it can be brought by anyone else who has a "legal interest" in the case. This could include siblings, grandparents, or other relatives.
If you are thinking about filing a wrongful death lawsuit, here are some things to keep in mind:
1. The statute of limitations for wrongful death lawsuits varies from state to state, so make sure you understand how much time you have to file your claim. In most states, the statute of limitations is two or three years from the date of your loved one's death. If you live in the state of Texas, you have up to two years from your loved one's death to file a petition with the court.
2. You will likely need an experienced personal injury lawyer to help you file and win a wrongful death lawsuit. A lawyer can help guide you through the process, negotiate with the defendant's lawyer, and represent you in court if necessary.
3. There is no guarantee that you will win your case, but with an experienced lawyer on your side, you have a better chance of obtaining justice for your loved one.
If you are successful in your wrongful death lawsuit, you may be awarded damages which may include:
The victim's estate will receive compensation for damages awarded in the case. This money can help cover medical expenses, funeral costs, and other losses associated with the death.
Compensation for loss of future income that the victim would have earned had he or she lived.
Compensation for pain and suffering experienced by the victim before death
Punitive damages, which are intended to punish the person who caused the death.
It is important to note that Texas law limits how much money you can recover in a wrongful death lawsuit. The most you can receive is three times the number of economic damages (medical expenses, funeral expenses, etc.), plus $250,000 for non-economic damages (pain and suffering, loss of companionship, etc.). It is important to remember that every case is different, so it is important to speak with a personal injury lawyer about your specific case.
Wrongful death cases can be complex and emotionally challenging. But with the help of an experienced wrongful death attorney, you can get the answers and justice you deserve. If you're considering filing a wrongful death lawsuit, contact our experienced personal injury lawyer today. We can discuss your case with you and help you determine if filing a lawsuit is the right course of action.
Disclaimer: This material is provided for informational purposes only. The provision of this material does not create an attorney-client relationship between the firm and the reader and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this newsletter are not a substitute for legal counsel. Do not take action in reliance on the contents of this material without seeking the advice of counsel.
The information contained in this blog may or may not reflect the most current legal developments. Accordingly, information in this blog is not promised or guaranteed to be correct or complete, and should not be relied upon as such. Readers should conduct their own appropriate legal research.
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