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Regrettably, thousands of lives are lost every day due to the negligence of others, leaving behind only memories. While the pain of losing a loved one is something that cannot be overcome, the grief, suffering, and emotional anguish can be intensified when you know that someone else is responsible for their death. For instance, losing a loved one in a car crash caused by drunk driving can lead to anxiety or depression for the family members. In such cases, their lives take an unexpected turn, making them susceptible to other psychological problems that may require psychiatric assistance. Dealing with these challenges, including arranging the funeral, comes at a cost. Fortunately, a Cypress wrongful death lawyer can provide assistance. According to the Centers for Disease Control and Prevention, there were 130,557 wrongful deaths in 2013 alone.
If you have lost a loved one due to the actions or inactions of another person, you may be eligible for compensation by filing a wrongful death claim. By pursuing a wrongful death lawsuit, you seek to recover what was lost with the passing of your loved one. This includes compensation for the deceased’s lost wages, loss of companionship, funeral costs, past medical bills, and any other applicable damages. Given the emotional trauma that follows the sudden death of a loved one, you may find it difficult to navigate the legal process and advocate for your rights effectively. Therefore, it is advisable to consider retaining a dedicated personal injury attorney in Cypress.
A wrongful death claim arises when a person dies as a result of another person’s negligence. Wrongful deaths commonly occur in car accidents, medical malpractice, acts of violence, or the use of defective products. This type of claim allows the estate of the deceased to file a lawsuit against the responsible party or parties. While each state has its own unique laws regarding the litigation of such claims, in Texas, family representatives can file lawsuits both for themselves and on behalf of the deceased. If you need assistance with 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 also file claims for their losses. The parties involved in a wrongful death action may include:
Parents have a moral and legal obligation to fight for the rights of their children, 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 a parent whose infant dies from medical malpractice shortly after birth. In Cypress and throughout Texas, parents can also file a wrongful death claim for the death of an unborn child. In other states, a claim for wrongful death is only recognized if the baby was born alive but died shortly after. In any case involving the death of a child, it is advisable for the parents to consult with a compassionate wrongful death attorney.
The domestic partner or spouse of the deceased also has the legal right to pursue a lawsuit following a fatal accident. They may be eligible for monetary compensation that the deceased would have received if alive. Children, including legally adopted children, are also entitled to the same benefits.
You do not have to be directly related to the deceased by marriage or blood to qualify for a wrongful death claim. If the death of the deceased had a direct financial impact on you because they were responsible for your care before their passing, you may also have a claim for wrongful death. To establish your relationship with the victim, you will need to provide appropriate evidence. An experienced lawyer in Cypress will be able to guide you through the wrongful death claims process.
Damages in a wrongful death claim encompass the individual losses suffered by the deceased victim as well as those incurred by their estate. These damages can be economic, non-economic, and occasionally punitive. Economic damages are intended to make you whole again, providing a sense of security for the future. They include all financial losses that the deceased experienced before and after their death. Economic damages in a fatal accident claim may include:
Non-economic damages, on the other hand, encompass losses that are more difficult to quantify but were nonetheless experienced by the victim prior to their death. They also account for the suffering endured by the deceased’s family, including children, spouses, and parents. These damages may include:
Punitive damages, the third category of damages, are not automatically awarded and are only granted in specific cases where there is evidence of extreme recklessness by the defendant. It is important to discuss with your lawyer whether you qualify for punitive damages in your wrongful death claim.
When it comes to pursuing a wrongful death claim, the strength of your case is just as important as the abundance of evidence you may possess. However, the complexity of wrongful death claims can make it challenging for individuals to effectively seek compensation. Therefore, it is always in your best interest to seek guidance from a compassionate Cypress wrongful death lawyer. Our team at Lone Star Injury Attorneys has the expertise and dedication needed to help your case succeed. Contact us today for a complimentary consultation.
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