Any time a careless, reckless, or intentional act leads to a loss of life, a wrongful death action may be appropriate so the surviving family could have a viable case for compensation against the at-fault party. These lawsuits are complex, making it crucial to have the guidance of a dedicated injury attorney.
If you have lost a loved one, now is the time to seek help. A Spring wrongful death lawyer could evaluate your case, explain the relevant laws, and help you pursue the best possible outcome. A successful lawsuit could provide you with a measure of justice.
Accidental deaths can happen under a wide range of circumstances. Any time these incidents are the result of negligence, legal action may be appropriate. This type of lawsuit could target individuals, businesses, or even government entities in some situations. Some circumstances that may lead to these cases include:
Not every fatal accident will result in a monetary award. In Texas, a death is treated as “wrongful” in situations where the decedent would have had a viable personal injury claim had they survived.
Liability might not always be clear, especially in the immediate aftermath of a person’s passing. An attorney in Spring could review the facts to determine if a wrongful death action is warranted.
While every jurisdiction has some form of wrongful death action, states differ on who is entitled to pursue this litigation. In this state, only specific relatives have the right to pursue a claim against the negligent party. This usually refers to spouses, children, or parents of the decedent.
Despite the potential for a close relationship with the deceased, some loved ones do not have the right to pursue litigation, like grandparents or grandchildren. Unlike spouses, unmarried romantic partners and fiancés may not pursue their own claim for compensation either.
In limited circumstances, surviving relatives are unable or unwilling to pursue a claim. In that scenario, it falls to the estate to file a wrongful death lawsuit in Spring, TX. The executor of the decedent’s estate can pursue a claim on behalf of the beneficiaries.
The passing of a family member could lead to two different types of legal cases: wrongful death and survival actions. Each type of lawsuit offers a path to specific types of compensation.
A survival action is designed to cover the losses experienced by the decedent before they passed. The most common examples include a person’s final medical expenses and lost wages prior to their death. These claims could also include pain and suffering. Wrongful death claims provide compensation for the surviving relatives, including funeral and burial costs. Plaintiffs may also seek damages based on lost inheritance, household contributions, and financial support.
Determining the value of these claims can be challenging, particularly without help. A Spring wrongful death attorney could review all of the facts and advise on the types of damages that are available.
Successful litigation cannot undo the hardship of losing a loved one, but it can provide financial support during a difficult time. An unexpected passing can leave you and your family with debts you are not prepared for, but you have legal options to address it. Let a Spring wrongful death lawyer from Schechter, Shaffer & Harris assist you with recovering damages from the at-fault party and achieve some measure of peace.
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