Death will rarely ever feel right. Losing the ones you love, no matter the cause is a devastating life event that you never truly get over. However, the grief process can be even more heart-wrenching when someone you love dies in a “wrongful death” situation.
What is a wrongful death, and what does it mean for you and your family left behind? Read on to find out.
What is a Wrongful Death?
Wrongful death relates to the claims process in a civil action, often brought about by the family of someone who has passed away. Often, these claims come about when family members believe their loved one died as a result of someone else’s negligence, action, or inaction.
For example, you may get in touch with a wrongful death attorney if a driver caused a terrible car collision that resulted in the death of your loved one.
You may also consider filing a wrongful death claim if a vehicle was defective, a doctor prescribed the wrong medication, or a loved one suffered a preventable accident on a construction site.
Essentially, if your loved one would still be alive if someone else acted appropriately, then you may be able to class that as wrongful death and sue for compensation.
Who Can File a Wrongful Death Claim?
Not just anyone can in Texas can file a wrongful death claim. Only certain family members of the departed can, and comprehensive proof is required. Typically, they are the immediate family members, such as the spouse, their children, and the parents of unmarried children.
Life partners and distant family members like grandparents raising a child may also be eligible to file a wrongful death claim. If you have suffered financially and lost your support network due to the death, then talk to a wrongful death lawyer about your many options.
How Do You Prove a Case of Wrongful Death?
Having just lost someone dear to you, the last thing you probably feel like doing is going through a claim process. Fortunately, with the right Texas wrongful death lawyer on your side, they can handle much of the hard work for you.
Proving a case of wrongful death will require you to work through the finer details of your case with your lawyer. You must be able to verify that your loved one’s death was caused by someone else other than them.
You must also prove that their death resulted in monetary loss. For example, if they were your family’s breadwinner, along with medical costs and funeral home fees.
What’s more, you will need to be able to establish that someone else’s negligence and carelessness were the primary reasons for your loved one’s death. Finally, and most likely quite easy to prove – that your loved one’s death affected you or your family.
What Can a Wrongful Death Claim Mean for Your Family?
Once you’ve aligned yourself with one of the best wrongful death attorneys in Dallas, it’s time to work out what this claim could mean for you. The goal is to attribute blame to the person responsible, while also being able to receive financial damages.
Both compensatory and punitive damages may be on the table. However, your chosen lawyer can walk you through your options.
Compensatory damage is money to cover all the costs associated with your loved one’s passing. For example, you may request compensation for medical bills, funeral home fees, burial expenses, and ongoing living costs due to losing your breadwinner.
Punitive damages, on the other hand, are put in place to punish the wrongdoer and attribute blame. If successful with your wrongful death claim, you can use the money in any way you see fit.
Getting Your Wrongful Death Claim Underway
Now that you know what a wrongful death is, it’s crucial to get the ball rolling. The sooner you start the claims process, the faster you can get on top of those expenses that have piled up as a result of losing someone dear to you.
Contact us today to request a free case review from one of the best wrongful death lawyers in Texas. Let J. Alexander Law Firm guide you through the entire process.