One of the most common scenarios in personal injury law that requires an attorney is when someone loses their life due to the negligence of another party. Although filing a claim for someone’s death may seem almost inconceivable, the truth 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 ease the grief that follows. However, the settlement can be used to give your loved one a befitting sendoff and take care of the needs of the surviving family members. If you strongly believe that your loved one was killed in an accident caused by negligence, it is essential to speak with our Deer Park wrongful death lawyers as soon as possible. Our dedicated attorneys can help you fight for justice after the loss of your loved one.
One of the most difficult questions that people struggle 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 define 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 exposes 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.