If you lost a loved one due to the negligent or wrongful acts of another person, you are likely suffering from emotional trauma and grief. Additionally, you might be struggling to pay for your family member’s hospital bills or funeral expenses. Thankfully, you usually have options for seeking justice after accidents like these. While there is nothing that fully make up for the loss of someone close to you, financial compensation pursued through a wrongful death claim could help you get through these challenging times.
Filing these lawsuits can become complicated, but a personal injury attorney from Kirk Law Firm, PLLC could be the ally you need. A dedicated Midland wrongful death lawyer could guide you through the complexities of a case and fight to protect your family’s rights.
The Basics of Wrongful Death Cases
Generally speaking, a wrongful death claim becomes an option when someone’s negligence or carelessness causes the death of another. These actions, when filed correctly, help hold the negligent individual accountable for their failure to act with care. The compensation available in a wrongful death claim typically corresponds with the losses that the decedent experienced, and the emotional trauma suffered by surviving family members.
Financial compensation can be substantial since wrongful death claims aim to reimburse an entire family for various losses and setbacks. Common examples of monetary damages associated with these cases include repayment for:
- The decedent’s medical expenses and hospital bills
- The deceased’s pain and suffering
- The loved one’s lost income and lost future earnings
- Funeral and burial expenses
- Loss of consortium for the deceased’s spouse
- Lost support and assistance for the surviving family members
After an unexpected accident, it might be challenging for a grieving and unrepresented family to fight for the full extent of monetary damages they deserve. Thankfully, one of our tenacious Midland attorneys could investigate the case’s circumstances and prove exactly how much compensation a family needs to recover from this wrongful death.
How to File a Wrongful Death Claim
Wrongful death claims, because of their unique circumstances, are subject to state filing laws. Some of the main differences between standard personal injury lawsuits and wrongful death actions are the regulations about who can assemble and submit them.
According to Texas Civil Practice and Remedies Code § 71.004, the only individuals permitted to sue for damages when a loved one passes away include a surviving spouse, any biological or legally adopted children, or parents. Additionally, if a surviving spouse, child, or parent fails to submit their claim within a certain timeframe, the personal representative or executor of the deceased’s estate can file the suit.
If a family wants to act but is not sure who should file their wrongful death claim, one of our knowledgeable lawyers in Midland could assess the situation and determine who is eligible.
Contact a Midland Wrongful Death Attorney Today
Losing a family member to the recklessness or gross negligence of another individual is always a scarring experience. After one of these accidents, you might feel like your family may never recover. Thankfully, wrongful death actions are versatile and powerful legal options that help you seek justice. They could help you collect the full extent of monetary damages that your family deserves.
Proceeding without legal representation could be challenging since these claims are subject to unique regulations and restrictions. However, a hardworking Midland wrongful death lawyer from Kirk Law Firm, PLLC could help your family navigate all stages of the resulting legal procedures. Reach out to our office today to get started on your case.