Who Can File a Wrongful Death Claim?Texas Legal News
Losing someone to murder or an unexpected accident caused by negligence can cause great distress amongst loved ones, which is why there are laws set in place to alleviate this suffering. Any survivors, like family members and close friends, are protected by wrongful death laws that provide them with the opportunity to receive proper compensation for their loss.
When a wrongful death case is filed, the accused can be taken to court and the victim’s family is given an opportunity to defend their case and seek justice. These proceedings can be difficult and you should never face them alone. An experienced Houston wrongful death attorney can stand by your side and ensure your loved one’s memory is protected and defended.
Types of Wrongful Death Claims
There are two main categories for cases in which an individual was killed by another’s negligence; wrongful death claims and survival action claims.
- Wrongful death claims provide compensation to the family to cover their personal damages, which is intended to address the financial and emotional support that the deceased had previously provided to the family.
- Survival action claims cover the costs of damages caused to the victim. These often include paying for the victim’s pain and suffering, medical bills, and lost wages. Payments for survival actions are paid to the estate rather than the family.
Who Can File a Wrongful Death Claim?
An individual is eligible to file a wrongful death charge when they are directly related to the victim who was killed. Some examples of wrongful death include automobile wrecks, medical malpractice, murder (or homicide), and defective products that resulted in death. defective products can include a phone that exploded or prescription drugs that were made with a deadly dosage.
When it comes to wrecks, the individual responsible for the death of the victim is likely already known The identity of the accused party is likely known in medical malpractice and defective product cases as well. In these cases, the family can file a lawsuit against the hospital or product manufacturer responsible.
However, when it comes to homicides, the case can become more complicated if the killer is not found right away. An investigation will likely be launched to collect evidence for wrongful death and to hold the guilty responsible.
Wrongful death lawsuits can not only be filed against everyday citizens, doctors, and pharmaceutical companies, but they can also be filed against state or local governments. However, there are limitations and it also depends on the state because as some are protected by local laws and restrictions
Why You Should Hire a Wrongful Death Lawyer
Lawyers are extensively trained in the law to handle these types of complex cases and most lawyers have a variety of experience that provides them with the skills necessary to win in court. Hiring the right attorney for a wrongful death claim means that you will bring on an expert who will collect the evidence, organize the documentation, and come up with strong arguments to help you get coverage for any losses from the incident.
No one deserves to just sit down and let the killer responsible for their loved one’s death get away with such a horrific act. Everyone under United States law is entitled to a fair recovery from such a great loss and can receive help for the pain, suffering, and sheer cost sustained from the loss. Funeral expenses can add up and if the family is not responsible, they should not have to pay for those expenses.
Texas Wrongful Death Attorney
Do not let the person responsible for such a drastic life change take your money on top of your loved one. When you need an experienced wrongful death lawyer at your side, contactDeHoyos & Connolly, PLLC at (832) – 767 – 3568. Our experienced team is ready to provide the care needed for those who have suffered such a substantial loss and we’re ready to defend you and your loved one’s memory.