Losing a loved one is a horrible experience, and learning that someone else was responsible for their death can be devastating. If your child, parent, or spouse was killed due to the negligence of another party, the Texas Wrongful Death Act allows you to file a wrongful death claim for compensation. Finding an attorney to aggressively fight for you may be the last thing on your mind. However, you must plan your future even as you grieve and stress over the sudden loss.
At Lone Star Injury Attorneys, we understand that the devastation you are going through can make it impossible to take legal action. For this reason, we seek to fight on your behalf. Our Brownsville wrongful death lawyers treat each client with dignity while allowing them space to grieve. While no compensation can undo the damages done, we believe that the compensation you get from filing a suit will give you peace of mind regarding your future.
In the course of filing a wrongful death lawsuit, you may come across the terms “wrongful death” and “survival action.” While both are entirely about a loss of life due to negligence, they are not the same. You have the right to sue for both claims, but your success will be largely dependent on how best the case is presented and proven. It is also imperative that you understand how each works, so you and your family know what to expect. A good wrongful death attorney has experience in both.
A wrongful death action is brought forward by the surviving parents, children, or spouse of the deceased person. The main objective of this lawsuit is to help them recover damages they suffered following the death of their loved one. These damages may include medical expenses up to the time of death, burial costs, loss of companionship, financial support, loss of consortium, and loss of guidance. In this case, the plaintiffs (family members) receive the damages directly. With the help of a skilled wrongful death attorney, a financial expert may put together your losses before making a definitive claim.
Unlike a wrongful death claim where the plaintiff is compensated for their losses, a survival action’s goal is to help the deceased’s estate recover the losses they suffered before death. In other words, they are personal injury losses that the deceased may have been eligible to file a claim for had they survived. They may include medical expenses, lost wages, lost future earnings, pain & suffering, emotional trauma, and property damage costs. Another difference is that the damages are distributed among the estate rather than going directly to the plaintiff.
Wrongful death claims and survival action may stem from:
Retaining an accredited attorney is a sure way of getting access to experts who help investigate wrongful deaths.
Depending on the specific circumstances around your case, you may be able to file a wrongful death claim in Texas even when the death occurred in another state. Provided that the Defendant’s residence or the act of negligence occurred in Texas, an experienced Brownsville lawyer may file your wrongful death case in a court within the Texas jurisdiction. You also have a maximum of two years to file a claim from the date of the deceased’s death. However, the time limits may be extended in cases involving minor children.
The state’s wrongful death laws allow surviving family members to file a claim regardless of the deceased’s age, including elderly persons and unborn children. As long as a negligent act or omission caused their death, you have the legal basis for claiming compensation. Under the statutes, wrongful death may include the negligent death of an unborn child. Often, these deaths occur in medical malpractices in hospitals but may also result from personal injury accidents.
If you strongly believe there was foul play in your loved one’s death, you are best suited to contact our firm as soon as possible. We will answer your questions and embark on a fact-finding mission to trace the circumstances around their death.
Because our Brownsville wrongful death lawyers understand your grief and the dire need for justice, we will rally our financial and moral support behind you. Call us today for a no-cost consultation with our compassionate attorneys.