Losing a loved one is never easy, especially when the negligence or wrongdoing of another person or entity caused their death. If you find yourself in this unfortunate situation, you may have grounds to file a wrongful death claim. However, navigating the legal process can be overwhelming and confusing.
Understanding What Constitutes Wrongful Death
Wrongful death occurs when someone dies as a result of the negligence or intentional act of another person or entity, such as a corporation. Negligence could include medical malpractice, car accidents, product defects, workplace accidents, etc. It’s important to note that not every accidental death qualifies as wrongful death. To prove that a wrongful death occurred, it must be shown that the defendant had a duty of care owed to the deceased person and breached that duty, which resulted in their death.
Who Can File a Wrongful Death Claim?
The laws around who can file a wrongful death claim vary from state to state but generally include immediate family members such as spouses, children, or parents. In some cases, distant relatives may also be eligible to file a claim if they demonstrate financial dependence on the deceased person.
Hiring an Experienced Attorney
Filing a wrongful death claim requires knowledge of complex legal procedures and deadlines, so hiring an experienced attorney specializing in these types of cases is essential. An attorney can help gather evidence, negotiate with insurance companies, and represent your interests in court.
Damages Recoverable From a Wrongful Death Claim
Damages awarded in a wrongful death lawsuit typically include compensation for economic losses such as medical bills and funeral expenses, along with non-economic damages such as pain and suffering and loss of companionship.
Statute of Limitations
It’s important to note that there is a time limit for filing a wrongful death claim known as the statute of limitations. In most states, this is two years from the date of death but can vary depending on the case's circumstances. Failing to file within this timeframe will likely result in your claim being dismissed.
Corpus Christi Wrongful Death Attorneys
If you or someone you know in Corpus Christi, Texas, is facing the difficult journey of a wrongful death claim, know that you are not alone. Williams Attorneys is here to guide you through every step of the process with compassion and expertise. Our dedicated team understands the complexities of Texas wrongful death laws and is committed to fighting for the justice and compensation you deserve. Contact us today at (361) 866-5535 to learn more about how we can support you during this challenging time.