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Top 5 Facts About a Wrongful Death Case in Texas

April 15, 2019|POSTED BY cainfirm
Bedford Wrongful Death Attorney

There is nothing that is more soul-crushing than, losing a loved one. It is even harder to come to terms with when the death was a result of negligent actions from a party that could have been completely avoided. If you feel that a loved one lost their life because of the careless, negligent, unskillful or wrongful acts of another party, the Texas legal system allows you to file a wrongful death case. If you can prove that the death could have been avoided, the party at fault, through their insurer, should compensate you. Here, are the top five facts to know about wrongful death in Texas and how a Wrongful Death lawyer near the Fort Worth Area could help you.

 

  1. How the state defines wrongful death

 

You will succeed in defending your case only if you meet the parameters and legal specifications set by the state. Texan laws dictate that individual members of the family are allowed to file a suit with the help of a Bedford Wrongful Death Attorney if death was caused by the negligent actions of another party or corporation. Wrongful death claims include:

  • Hospital malpractice
  • Distracted driving accident
  • Workplace hazards
  • Environmental hazards

 

  1. People eligible to file a claim

 

Texan laws are particular about who is allowed to file a wrongful death claim. First, they must be the direct descendants or close relatives of the deceased. These include:

  • A surviving spouse
  • Children of the deceased
  • Parents of the deceased
  • Adoptive children of the deceased

Siblings of the dead are not allowed to file a wrongful death case in Texas. A Wrongful Death lawyer near Fort Worth Area helps you figure out who should submit the claim for you.

 

  1. Types of damages awarded

 

There are also specific damages which are awarded in wrongful death cases. The compensation awarded is supposed to go to the surviving members of the family. The damages which are commonly awarded include:

  • Mental anguish
  • Lost inheritance
  • Counsel, love, care, and support
  • Companionship

In some cases, especially where gross misconduct was involved, the court will recover punitive damages from the defendant to prevent similar behavior in the future.

 

  1. Survival damages

 

In addition to familial compensation, Texan law allows survival damages as part of the compensation. The survival damages are supposed to be the damages that the deceased could have recovered in a settlement with the help of a Bedford Wrongful Death Attorney if they had survived the accident or incident that led to their death. The damages compensated for, include physical and mental pain and medical expenses.

 

  1. The statute of limitations

 

According to Texan laws, a Bedford Wrongful Death Lawyer should file a wrongful death claim within two years of the occurrence of the death. There are a few exceptions to the rule, and you could be allowed to file after this time has lapsed. For medical malpractice cases, the statute of limitations is very rigid and only allowed within two years.

 

Every wrongful death case is unique in its way. It is essential to make sure that you have the right legal counsel when you decide to file a claim. A competent Bedford Wrongful Death Lawyer will gather the facts of your case and present them in a manner that will get you maximum compensation from the insurer or another party.

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