Wrongful Death.
When a loved one passes away due to someone else’s carelessness or misconduct, it’s crucial to understand who is eligible to file a wrongful death lawsuit. While no amount of money can truly make up for your loss, pursuing legal action can be a means to achieve justice for your loved one and safeguard your family’s future. State laws outline who is permitted to file a wrongful death lawsuit. In Texas, the individuals most frequently allowed to seek compensation for wrongful death include certain designated parties.
Who Can Seek Compensation
In Texas, the spouse of someone who has passed away has the main right to receive compensation from a wrongful death lawsuit. They can claim damages for various expenses connected to the event that caused the wrongful death, including medical bills from the deceased’s final illness or injury, funeral or burial expenses, and compensation for the loss of financial support and companionship. In the absence of a surviving spouse, the next group of beneficiaries in a wrongful death case is the children. They have the right to pursue compensation for the loss of financial support and the guidance they would have received from their parent. If the person who passed away didn’t have a spouse or children left behind, their parents might be the ones who benefit from a wrongful death claim. This type of legal action can be pursued when a minor or young adult loses their life due to someone else’s negligence or misconduct. In some cases other individuals or estates may be able to seek compensation. We encourage you to contact the Law Office of Brian Brunson to learn more.
How Much Time You Have To File A Lawsuit
A statute of limitations refers to a legal deadline that must be followed. If you don’t submit a wrongful death lawsuit within this set period, you might lose your chance to make a claim entirely. In Texas, you have two years from the date of the person’s death to file your case. This deadline is outlined in Section 16.003(b) of the Texas Civil Practice and Remedies Code. Missing this deadline can result in family members being unable to receive any compensation they might be entitled to.
You Need An Attorney Who Knows Wrongful Death Cases
While many attorneys say they practice personal injury law, this is a broad catch-all term that isn’t necessarily focused on wrongful death cases in particular. Wrongful death is a very complicated and complex area of the law, so make sure you hire someone who has many years of experience in this area.
Ask:
- How many wrongful death cases have they personally handled?
- Do they deal specifically with this area of the law?
- How many successes and failures have they had?
When the lawyer has vast experience in this branch, they can better evaluate your case and use the approach with the best likelihood of garnering a successful settlement. Choosing an experienced lawyer ensures you are getting access to the tenacity and skill necessary to negotiate a settlement or fight for your rights in a court of law.
If a loved one has been involved in a wrongful death accident, contact the Law Office of Brian Brunson, PLLC. Our knowledgeable team will help assess your case and determine how to best help you.
