The unexpected loss of a loved one can leave families emotionally and financially devastated. This devastation can be exacerbated if the death should never have happened. Whether due to a fatal car accident or a defective product, families may be able to hold liable parties accountable for their loved one’s death.
Criminal prosecutions are not the only way to seek just compensation for a family member’s sudden passing. If one of your loved ones died because of the negligent action of another person in the Woodlands, a wrongful death lawyer could help. Our personal injury attorneys could help grieving families recover compensation and financially punish those responsible for causing an untimely loss.
What is a Wrongful Death Claim?
Wrongful death is a legal action that close family members may sometimes bring to recover compensation for a loved one’s death. To have a viable claim, the decedent must have died from an injury caused by the negligent, reckless, or intentional misconduct of another person or entity. As such, liable individuals and those legally responsible for the reckless person’s behavior, such as employers, may have to pay for damages caused by any fatal injuries.
Compensation for the unlawful loss of life in the Woodlands may be available in the following categories of cases:
- A mother was killed in a car accident
- A son died in a work-related fall
- A husband died due to the negligent construction of a barn
No matter the cause, it is difficult to talk about and relive a loved one’s death with funeral directors, police officers, collections agents, and insures. A compassionate attorney in the Woodlands could assist family members with the administrative, financial, and legal concerns involved in a wrongful death claim.
Who May Sue for Loss of a Loved One in the Woodlands?
Family members are not the only ones impacted by an unexpected death. Friends, fiancés, foster children, and co-workers may all demand answers after an untimely loss. However, Texas Civil Practice and Remedies Code §71.004 limits those who may bring a wrongful death claim in the Woodlands. Therefore, some of the individuals who may bring this type of claim include:
- The surviving spouse
- The children of the deceased
- The deceased’s parents
- The executor or administrator of the decease’s estate unless all of the above parties, as applicable, request otherwise
Unfortunately, fiancés, persons living together as spouses but not married (common-law spouses), friends, distant relatives, and significant others are not permitted to bring an action to recover damages for a loved one’s death. A knowledgeable lawyer in the Woodlands could assess a wrongful death case and determine who may be eligible to file the claim.
Parties Potentially Liable for Wrongful Death
State law generally permits qualifying family members to bring a case against anyone who negligently, recklessly, or intentionally caused an injury that resulted in death. The death may have been entirely accidental or criminal, and death did not have to be instantaneous to result in a valid claim. The following parties could be held responsible for causing the death of a family member:
- A negligent or drunk driver
- A property owner accountable for maintaining safe premises
- A general contractor who cut corners on a construction site
- An employer of a negligent worker
A qualified attorney in the Woodlands could assist wrongful death claimants in determining who may be legally responsible for the deceased’s fatal accident.
Retain a Wrongful Death Attorney in the Woodlands
Family members affected by someone’s death may be able to recuperate actual and exemplary damages for the unlawful loss of their loved one. Some of these damages may include funeral expenses, future lost wages, medical bills, and payments for emotional pain and suffering.
More importantly. with the help of an experienced wrongful death lawyer in the Woodlands, you could hold the negligent party responsible for your loss. To get started on your case, call today.