What Is Wrongful Death and How Can You Get Relief?
Losing a loved one is incredibly painful and the grief can be emotionally overwhelming. If your loved one was the primary earner or caretaker in the family, you likely have to deal with financial difficulties on top of everything else.
If you’ve lost your loved one as the result of someone else’s negligence, you do have legal options. Wrongful death compensation can let you recover some financial relief after your loss.
The McAllen wrongful death attorneys at Villalobos Law Firm can help you to obtain wrongful death compensation in Texas. Read on to learn more.
What Is Wrongful Death Compensation?
Most people are familiar with personal injury cases; someone gets hurt because of another party’s negligence and they can legally secure financial support for their losses and damages. While these claims are made by a victim that lived through the incident, there are options if the victim in the accident died.
In these instances, certain surviving family members may have a right to legally seek compensation.
Whether it was an accident at work or a car crash, the party at fault can be held liable in a wrongful death lawsuit. A McAllen wrongful death attorney can help answer your questions and see if wrongful death applies to your case.
Who Can File for Wrongful Death Compensation in Texas?
Texas has some restrictions on who is allowed to file a wrongful death lawsuit in the state. It is restricted to the immediate family of the deceased, including:
- Spouse
- Children
- Parents
Siblings and other family members are not allowed to file a wrongful death suit.
The individuals filing must also be legally recognized as family to the deceased. So any adult children, including adopted children, can file if their legal parent lost their life. However, an adopted child could not file a claim for their biological parent.
Please be aware that there is a time limit to file a wrongful death suit; surviving family members have two years from the date of death. It’s in your best interest to contact a wrongful death attorney as soon as possible if you suspect someone else’s negligence killed your loved one.
The only exception is that a personal representative of the estate of the deceased can also file. If any immediate family hasn’t filed within three months the representative can file the wrongful death suit.
What Is Covered Under Wrongful Death Compensation?
There are two major categories for compensation in wrongful death suits. First, you may be eligible to receive financial support to cover medical expenses, funeral costs, lost wages, pain and suffering, and other such damages. This is similar to a typical personal injury lawsuit, though it only counts the pain and suffering the deceased suffered between their accident and subsequent death.
Survivors are also entitled to seek compensation for damages they have suffered because of the death. This can include lost wages the deceased would have earned, support for the family, the claimant’s own pain and suffering, lost inheritance, and the loss of the relationship itself.
The types of damages you can recover and their value will vary from case to case.
In some instances, surviving family members may also get exemplary damages. These are meant to make the defendant an example to others. This is only in cases of gross negligence or a willful act or omission that resulted in death.
Get Compensation With the Help of a McAllen Wrongful Death Attorney
If you want to get the full amount of compensation that your case deserves, you need an experienced and dependable wrongful death attorney. The compassionate lawyers at Villalobos Law Firm are here for you. We’re here to answer all your questions and get you the justice you deserve. We’ll fight for you just like you’re part of our family.
