What is a Wrongful Death Lawsuit?
If you have suffered the loss of a loved one due to someone else’s negligence, you may be wondering if you can file a wrongful death lawsuit. This type of lawsuit allows the family to seek damages from the party responsible for the death.
To learn more about wrongful death lawsuits and choosing your wrongful death lawyer, keep reading.
What is a wrongful death lawsuit and what are the grounds for filing one?
A wrongful death lawsuit is a legal action that allows survivors of a person who has died as the result of another person’s carelessness or wrongdoing to seek compensation. As stated in the Texas State Civil code, if the death of your loved one is caused by:
- another person’s wrongful act, neglect, carelessness, unskillfulness, or default
- a bad or unsafe condition of the railroad, street railway, or other machinery under the person’s control or operation
In the United States, deaths caused by accidents or unintentional personal injuries are the fourth leading cause in the population. Common causes of wrongful death are:
- auto accidents
- pedestrian accidents
- medical malpractice
- premises liability or also commonly known as slip and fall accidents
In the state of Texas alone, there are many who have suffered the loss of a loved one that could be eligible for wrongful death claims. For example, for auto accidents, there have been 4,489 deaths or 1.56 deaths per 100,000,000 vehicle miles traveled in Texas for the year 2021.
When it comes to Workplace Deaths, back in 2020, there were 469 fatalities and an incident rate of 3.9 per 100,000 full-time employees. Additionally, according to a news report by CNBC, a study by John Hopkins says that more than 250,000 people in the United States die every year due to medical mistakes.
Who can file a wrongful death lawsuit and how soon can they do so after the death occurs?
Not everyone can file a wrongful death case on behalf of the deceased person. Family members can take action; such as surviving spouse, children, and parents.
Should there be an administrator or executor of the deceased person’s estate, that person can also file a wrongful death suit on behalf of the surviving family.
When it comes to the timing of filing a lawsuit, it’s important to file legal action within two years from the date of the cause of action. The state of Texas has a set statute of limitations on wrongful death suits.
What are the chances of winning a wrongful death lawsuit if filed in court?
First off, winning a wrongful death lawsuit does not mean the value of your loved one is diminished to settlement amounts. The reason why it’s better to file a legal action is to help the surviving family members to move on and start over.
Aside from getting workers compensation (assuming the deceased person was the breadwinner or an able provider for the family, your wrongful death attorneys could also go after punitive damages. Not only will you and your family get to pay the medical costs (which are likely not covered by your insurance company) but you will also get some compensation for pain and suffering damages.
Now, your case results will highly be dependent on the evidence that you and your lawyer will put forth in the legal action. You would need to work together with your attorney that understands the process and how to work it. So, it’s crucial that the lawyer for wrongful death claim is someone who is reliable, experienced, and trustworthy.
Losing a loved one is unbearable pain. It’s not just about getting the money to pay the bills. It’s also about getting a sense of justice for your loss.
At Roxell Richards Law Firm, we want to help you get the justice your family deserves. We are experts in wrongful death lawsuits and know what it takes to win your case. Don’t hesitate to contact us for a free consultation of your case. Let’s get started on getting you the compensation you need to move forward.
Contact us today at the local number (713) 974-0388 or toll-free 1-855-GOT-INJURED and let’s find out how we can help.