The unexpected death of a loved one is always difficult, but it is more devastating when someone’s negligent or reckless behavior causes it. The ability to file a lawsuit for wrongful death may be critical to the financial security of the family members left behind. As such, seeking legal representation shortly after a sudden death is essential to obtaining a fair and just outcome.
Role of Wrongful Death Attorneys
By retaining a wrongful death lawyer after your loved one’s death, you can be confident that your legal rights are protected. A wrongful death lawyer can:
- Investigate the accident or harmful incident – A lawyer will thoroughly investigate the circumstances that led to your loved one’s death and determine who is responsible for their death. They build your case by interviewing witnesses, reviewing accident reports, and gathering medical records.
- Seek a fair settlement – Your lawyer can handle all communication and negotiations with the insurance companies. They can pursue a settlement before filing suit to seek the fair compensation you deserve.
- File a wrongful death lawsuit – If the insurance companies are unreasonable and refuse to settle the case, your attorney can file a lawsuit to pursue the compensation you need.
- Handle the distribution of proceeds – Whether you receive an equitable settlement or are awarded money in a lawsuit, your attorney can coordinate the distribution of the settlement or verdict proceeds to eligible parties.
What Constitutes Wrongful Death?
Under Texas law, you can pursue a claim for wrongful death if another person’s carelessness, wrongful act, neglect, default, or unskillfulness caused your family member’s death. Wrongful death lawsuits allow families who may otherwise struggle financially after their loved one’s death to pursue compensation.
Who Can File a Wrongful Death Claim?
As you struggle to cope with your grief after the sudden loss of your family member, you may wonder how to file a wrongful death lawsuit and whether you are eligible to do so. Texas law dictates who can bring a wrongful death claim.
The decedent’s surviving spouse, children, parents, or one or more of these individuals may file a wrongful death lawsuit for the benefit of everyone. However, if none of these individuals initiates the action within three months of the death, the executor or administrator of the decedent’s estate may bring the action unless the parents, children, and surviving spouse request the executor or administrator ask them not to.
Types of Damages in Wrongful Death Cases
While nothing can replace your loved one, compensation could ease the financial burden after an unexpected death. You could be entitled to economic and non-economic damages:
- Economic damages – Economic damages are financial losses faced by surviving family members. This may include costs of medical treatment before the loved one’s death, funeral costs, and the loss of income and services the loved one would have earned or provided had they survived.
- Non-economic damages – Non-economic damages are compensation for intangible losses the decedent’s family suffers. This includes pain and suffering, loss of companionship, and mental anguish.
Contact Burch Law Firm Today
For over 30 years, Troy Burch has represented the residents of New Braunfels and the surrounding communities. You do not have to go through this challenging time alone. At the Burch Law Firm, we provide personalized, compassionate service to every client. Contact us today to discuss your case in a free consultation.
