One of the most common scenarios in personal injury law that require an attorney is when someone loses their life to the negligence of another party. Although it may seem almost inconceivable to file a claim for someone’s death, the truth of the matter is that you can hold the negligent party accountable and recover monetary compensation for your loss.
Of course, no amount of compensation can bring back your loved one or cover the grief that follows. However, you can use the settlement to give your loved one a befitting sendoff and take care of the needs of the surviving members of the family. If your loved one was killed in an accident that you strongly believe was caused by negligence, you should speak with our Deer Park wrongful death lawyers as soon as possible. Our dedicated personal injury attorneys could help you fight for justice after the loss of your loved one.
One of the most difficult questions that people find difficult to comprehend is whether their cases qualify as wrongful death. Remember, not all deaths automatically qualify as wrongful. Before filing your claim, you need to be confident that your loved one was killed due to the negligence of another person or party.
Texas Civil Practice and Remedies Code Section 71.002 defines wrongful death as one that arises from the negligence or recklessness of another party. For example, if a drunk or distracted driver hit and killed your loved one, their recklessness predisposes them to civil charges for wrongful death. Some of the most common scenarios that cause fatalities include:
Wrongful death applies to the born and unborn. This means that expectant women are legally protected in case their unborn babies (including a fetus) are killed by the negligence of others. So, if life was cut short under these circumstances, your best support system is our compassionate and caring fatal accident attorneys.
The question of who is supposed to file a wrongful death claim for compensation is often a very contentious issue for many families. The back and forth fights are often about money, and in some instances, these cases take too long to settle. But regardless of these misunderstandings, state laws allow the following persons to file a wrongful death claim:
It is also very important to point out that siblings and grandparents of a deceased person are usually unable to file a fatal accident lawsuit in Texas, but some exceptions may apply. If you are unsure of your right to file a wrongful death claim, reach out to a knowledgeable lawyer in Deer Park.
It’s not uncommon for injured or killed persons to have been at fault for such fatal accidents. So if it’s established that your loved one contributed to the accident where they lost their life, you may still qualify for compensation. Here is why. Texas subscribes to the modified comparative negligence rule. This means that:
The victim’s degree of fault must not be 50% or more. So if the fault is shared between two or more parties, your compensation will be reduced based on your percentage of liability. And that brings us back to one of the roles of your local wrongful death attorney, which is to determine liability.
The sudden loss of a loved one not only causes emotional and psychological distress but also a financial nightmare. Surviving family members take up the financial burden that follows. And without the deceased’s support, their future becomes unknown. However, you are entitled to the same damages that the deceased would have otherwise sued for. They include:
A good lawyer knows how to calculate damages for your fatal accident claim, so you shouldn’t worry about lowball compensation from insurance companies.
Accidents can happen anytime and anywhere no matter how careful one is. It could be in a car, at work, at a grocery store, at a supermarket or even when walking in the streets. They may result in minor injuries or serious harm depending on several factors. Obviously, those that cause minor cuts or bruises that heal immediately may not call for an attorney. But when someone is killed, the counsel and expertise of a qualified Deer Park wrongful death lawyer is strongly advised. Contact our Lone Star Injury Attorneys offices today to learn more about how we can help give you the closure you may need.