Losing a loved one is a traumatic and devastating event for a Texas family. The losses go beyond the emotional pain and can include financial suffering as well. If you are mourning the loss of a loved one in an accident you believe happened due to the negligent or reckless actions of another person, you have options available to you.
It is possible you and your family have grounds to pursue compensation through a wrongful death claim. While this cannot reverse what happened, it can allow you to recuperate your losses and move forward after this traumatic event. During this difficult time, it may be beneficial for you to explore the possibility of pursuing compensation through the civil justice system.
Do you have a claim?
Not every death is grounds for a civil claim, but this is an appropriate course of action if another person or party is responsible for the fatality. A wrongful death case can arise out of various types of accidents, such as:
- Motor vehicle accidents
- Medical malpractice
- Accidents during a supervised activity
- Death during the commission of a crime
- Exposure to hazards or toxic materials while at work
In order to move forward with wrongful death litigation, your family must first appoint someone to act as personal representative of the estate. You must also have evidence that a death occurred and that the death led to financial suffering. The success of your claim also depends on the evidence you provide that proves your claim of negligence or recklessness.
The specific amount of damages you could seek in your claim depends on the details of your individual situation. For example, you could seek recovery of expenses associated with funeral costs, ambulance transportation and emergency medical care. However, you could also seek damages for the long-term financial and non-economic suffering you’ll endure, such as loss of income or loss of companionship.
Your family’s future
The right approach to the unexpected loss of your loved one depends on the individual circumstances of the accident. If you believe it is possible you have a claim, it is in your interests to move quickly as these types of cases are time sensitive. Prompt action will ensure the preservation of important evidence and give your wrongful death claim a better chance of success.