Welcome back to our frequently asked questions. I’m Bill Adler and today we’re tackling a tough topic: Suing after someone you love dies in an accident, whether that accident occurred in a vehicle or at work.
Losing someone you love is never easy. But when it comes unexpectedly, the family that’s left behind has a lot to deal with. In addition to grief and life without the help of a partner, parent or child, the family may have substantial financial difficulties costs. In Texas, a wrongful death lawsuit can provide financial compensation for that loss.
Not everyone can pursue a wrongful death claim. In Texas, you must be a surviving spouse, minor child or adult child of the person who died, or the person who is handling their estate. These people are especially likely to be directly affected by the loss, and the goal of a wrongful death lawsuit is partly to make sure that they get adequate financial compensation for their losses. That includes any lost income, now and in the future, as well as funeral costs and the loss of the help, care and companionship of the lost person. In especially serious cases, it can also hold the responsible party accountable for the death with a special type of payment called exemplary damages.
There’s another type of compensation that is awarded in some instances through a survivalship claim. In this scenario, the deceased’s estate may be able to recover damages in the form of compensation based on what the deceased endured from the time of injury until the moment of death.
In more than four decades of representing victims of serious accidents in Texas, we’ve often seen wrongful deaths caused by workplace injuries and auto accidents. But wrongful deaths can be caused by any number of accidents that were no fault of the victim’s own. To win this kind of claim, you must show that the other person is responsible, and prove that the compensation you’re requesting is an accurate picture of the costs the death of a loved one has caused you. That makes wrongful death lawsuits especially complex, requiring careful documentation and sometimes the help of expert witnesses. Having an experienced attorney by your side is vital.
Right after the death of a loved one, many people have too much on their minds, and too much to do, to think about lawsuits. Unfortunately, the state of Texas gives families only two years after a fatal accident to file a wrongful death lawsuit. If your family is close to this deadline, please call us right away so we can preserve your rights.
If you’re seeking to hold someone accountable for the death of a loved one, Jim Adler & Associates can help you and your family. For a free consultation, call us today at 1-800-567-7575 or contact us through the web at jimadler.com.