Losing a loved one can result in not only considerable emotional strain, but financial hardship as well. If you lost a loved one due to the negligence of others, you may be able to seek compensation through a wrongful death case.
Before filing a claim, it is important to understand the process. There are a few important factors about these cases you should be aware of.
Definition
In short, a claimant may file a wrongful death claim if the death was the result of the negligent act of another party. Some common examples include:
- Drunk or distracted driving
- Physician malpractice
- Defective products
Title 4 chapter 71 of the Texas Civil Practice and Remedies Code clearly denotes what constitutes wrongful death and proper procedures for bringing a claim.
Claimants
In the state of Texas, there are certain individuals who may file a wrongful death claim. The deceased individual’s spouse, children or parents may file, but siblings may not. Eligible claimants may file a claim by themselves or as a group.
Statute of limitations
As with personal injury cases, wrongful death cases have a statute of limitations upon which a claimant must file. Individuals must submit a claim within two years of a loved one’s passing. Though there may be certain cases where courts may extend the timeframe, these are not very common. Therefore, it is best to submit a claim before the two-year mark.
Damages
There are a few different types of damages claimants may assert. Some of the most common types include:
- Lost earning capacity
- Lost inheritance
- Lost love or companionship
- Lost care or support
- Mental anguish
These are just a few of the possible damages claims. Depending upon the circumstances surrounding the death, it may be possible to request other types of damages as well.
As you can see, a wrongful death case is quite in-depth. It may be helpful to speak with a knowledgeable attorney who may assist you through this trying time.
