Perhaps one of the most painful situations that anyone can experience in their lifetime is losing someone who is close to them, such as a family member. The pain can become even more unbearable thanks to the fact that the loss itself could have been completely prevented.
Someone dying as the result of the actions of someone else that are deemed to be careless in nature will often result in the hiring of a wrongful death attorney. Generally defined, this is a professional who is experienced in handling lawsuits for those families who have unfortunately lost someone close to them as a result of either negligence or purposeful acts from either another organization or individual.
For instance, Chapter 71 of the Texas Civil practice and Remedies Code states that lawsuits involving wrongful death are able to be filed in that specific state by certain parties if a death has been caused by:
“The person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
Some of the most common issues in which this could take place include the following:
-A crash resulting from drunken driving
-A crash resulting from distracted driving
-Medical malpractice originating from a hospital or doctor
-The use of a product deemed to be defective
Under Texas state law, a wrongful death claim is legally able to be filed by only the following individuals:
It’s also important to note that those family members who are grieving the loss of their loved one are also covered by a specific statute of limitations in terms of filing a claim of wrongful death. For example, going back to the state of Texas, this type of claim is required to be filed within a period of two years of the death occurring; however, many experts state that it’s always better to begin the process as soon as possible due to the fact that being able to record evidence as quickly as after the tragic event occurred can be extremely beneficial.
It’s also worth noting that there are some wrongful death cases that are able to qualify for an extension beyond the statute of limitation. Generally, there are only four exceptions in the state of Texas that can permit this type of situation, such as the following:
-If the claimant was a minor when the death occurred and if either the responsible party
-If the role of the responsible party in the death remains unknown
-If the responsible party committed fraud
-If the claimant wasn’t able to file the lawsuit within the proper amount of time thanks in large part to their own illness or injuries
Not only do grieving family members have to deal with the effects of losing a loved one, but oftentimes, they also find themselves dealing with multiple forms of financial stress as well. This can include factors such as both the costs of a funeral and the potential loss of household income.
When it comes to filing this type of lawsuit, the best step to take is to obtain the services of an experienced wrongful death attorney. Not only will this type of professional be able to advocate for the survivors, but they can also uphold any and all of the legal rights during the time that they are going through such a sad loss. Even better is the fact that an experienced wrongful death attorney can also help grieving family members obtain all of the justice that they are rightfully entitled to, which can include compensation in the form of money.