Sadly, thousands of people lose their lives every day due to the negligence of others. All that’s left behind are memories. And while there’s no getting over their passing, the grief, pain, and emotional anguish can worsen if you know that someone else was responsible for the death of your loved one. For example, losing someone in a car crash caused by drunk driving may result in anxiety or depression for their loved ones. In such cases, their own lives take a sudden twist, making them prone to other psychological problems that may require psychiatric help. All of these issues to manage, including the burial of the deceased, come at a cost. Fortunately, a Cypress wrongful death lawyer can help.
If you have lost a loved one due to the actions or inactions of another person, you may qualify for compensation through filing a fatal accident claim. Suing on behalf of the deceased allows you to recover what was lost with their passing. By filing a wrongful death lawsuit, you seek compensation for the deceased’s lost wages, loss of companionship, funeral costs, past medical bills, and any other related damages that may apply. With the emotional trauma that follows the sudden death of a loved one, you may be unable to effectively advance your claims. For this reason, you should consider retaining a dedicated personal injury attorney in Cypress.
A wrongful death occurs when a person dies as a result of another person’s negligence. Wrongful deaths normally arise from car accidents, medical malpractice, acts of violence as well as the use of defective products. This type of claim allows the deceased’s estate to sue the person or party responsible for their death. While each state has unique laws on how such claims are litigated, in Texas, family representatives may file lawsuits both for themselves and on the deceased’s behalf. If you need help filing your wrongful death claim, reach out to an experienced lawyer at Lone Star Injury Attorneys.
Although a majority of wrongful death claims are filed by a legal representative of the deceased’s estate, other immediate family members, such as a spouse or children, may file claims for what they have lost. The parties of interest in a wrongful death action are:
Parents have a moral and legal obligation to fight for the rights of their children, regardless of whether they are minors or adults. For example, a parent whose 40-year old child is killed in a fatal car crash has the same right to sue as one whose infant dies from medical malpractice shortly after being born. In Cypress and throughout Texas, parents can also file a wrongful death claim for the death of an unborn child. In other states, the law only recognizes a claim for wrongful death if the baby was born but died shortly after. For the death of any child, it’s always advisable for the parents to consult with a compassionate wrongful death attorney.
The domestic partner or spouse of the deceased also reserves a legal right to sue after a fatal accident. He or she may qualify for monetary compensation that the deceased would have otherwise received when alive. Children, including legally adopted children, also qualify for the same benefits.
You don’t always need to be directly related to the deceased victim by marriage or blood for you to qualify for a wrongful death claim. If the death of the deceased directly affected you financially because they took care of you before their passing, you may also hold a claim for wrongful death. To prove your relationship with the victim, you will need to show the proper evidence. A skilled lawyer in Cypress will be able to help you through the wrongful death claims process.
Damages in a wrongful death claim cover the individual losses of the deceased victim as well as those of their estate. They can be economic, non-economic, and sometimes punitive. Economic damages are meant to make you whole again, allowing you to move on without fear of the unknown. They include all monetary losses that the deceased suffered before and after their death. Economic damages in a fatal accident claim include:
On the other hand, non-economic damages cover the damages that are harder to compute, but were nonetheless suffered by the victim before passing away. They also take into account the suffering of the deceased’s estate including children, spouses, and parents. These damages include:
The third area of damages, punitive damages, is not a legal entitlement. They are awarded in particular cases when there is evidence of extremely reckless behavior of the Defendant. Be sure to discuss whether you qualify for these types of wrongful death damages with your lawyer.
When it comes to filing a wrongful death claim, the quality of your case is as important as the quantity of evidence you may have. Unfortunately, the complexity of wrongful death claims may make it difficult for individuals to successfully recover damages. For this reason, it’s always in your best interests to consult with a passionate Cypress wrongful death lawyer. Our team at Lone Star Injury Attorneys has what it takes to see your case succeed. Call us today for a free consultation.
By: Nash H.
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