Death is never easy, especially when unexpected and due to negligence on behalf of another party. This can be extremely tragic and hard to deal with, as your family member or friend was taken from you too early. If you believe your loved one’s wrongful death was a direct result of the negligence of another party, you’ll want to ensure you receive justice on behalf of the deceased. Keep reading to find out how a San Angelo, Texas wrongful death lawyer can help you.
What Is Wrongful Death?
Unlike murder, wrongful death isn’t intentional. However, those involved can be charged with wrongful death, as their actions lead to the death of the victim. For example, medical malpractice can lead to death, but as the doctor did not intentionally kill the patient, they would not be charged with murder. However, their negligence in knowing the actions could cause harm would leave them liable for a wrongful death suit.
Wrongful death is a type of personal injury lawsuit. However, unlike a personal injury lawsuit, the claim isn’t between a victim and the negligent party. Instead, the case is filed on behalf of the deceased, brought forth by their loved ones.
Who Is Eligible to Bring a Wrongful Death Lawsuit?
Unfortunately, not everyone is eligible to file a lawsuit on behalf of a deceased party. In Texas, there are limitations on who can file a claim on behalf of a loved one.
Generally, Texas has determined that the immediate family of the victim can file on behalf of a loved one. This includes parents, spouses, personal representatives, and children. However, a deceased person’s siblings cannot bring a lawsuit forward on behalf of your loved one.
If the deceased’s family does not file a wrongful death claim within three months, the deceased’s personal representative, like an estate executor, can file a suit within two years after their death.
What Damages Can I Recover?
If you’re filing on behalf of a loved one’s death in Texas, you may wonder what damages you can recover. In general, you can receive compensation for the following:
- Pain and suffering
- Funeral expenses
- Future earnings, if the deceased was the primary earner of the household
- Loss of companionship
The damages will be awarded based on the relationship the deceased had with each of their loved ones. For example, their parents may receive compensation for pain and suffering and funeral expenses, while their spouse and children would receive payment for the loss of income they are experiencing.
If your loved one was the victim of wrongful death, it can be extremely painful to proceed with a case. However, ensuring the negligent party is held responsible for the passing of your family member is crucial. Luckily, The Mathis Law Firm, PLLC is here to help. Reach out to discuss the details of your case so we can help you receive the justice you deserve.