There is nothing in this world that can take the place of a loved one who has passed away, but the unforeseen passing of a family member or spouse who secured the financial and emotional stability of the household can have severe consequences for the remaining family members.
If the loss of a loved one occurred as a result of the negligence of another person, the liable individual should be held responsible for all damages they have inflicted upon the surviving family members.
The Dallas wrongful death attorneys at McGilberry & Shirer have represented over 10,000 clients in Texas, and can help families secure compensation for medical bills, pain and suffering, property damage, lost wages and more. If you and your family have recently endured the loss of a loved one and believe the recklessness of another party is to blame, it is imperative that you know your rights in order to get the justice you deserve.
The worth of a wrongful death lawsuit will vary depending on several different factors. Often, the accident or injury that caused the death, the presence of medical bills or prolonged suffering before the death, and the victim’s age and health at the time of death are all major elements in determining the potential amount of compensation.
Several economic damages can come into play in a wrongful death settlement, such as lost income, burial and funeral expenses, and related medical bills. There is also the potential for non-economic damages, such as pain and suffering before death, and the family’s loss of love, companionship, care, comfort, and consortium.
With all these factors in play, it’s essential to have a skilled attorney on your side when pursuing a wrongful death claim. While it can be an uncomfortable experience to try and put a monetary value on human life, you still have a right to compensation for the loss of your loved one.
In Texas, the primary right to file a wrongful death claim falls to the surviving spouse, children, and parents of the deceased. It is possible for these parties to file claims together or as individuals. Law also allows for adoptive parents and children to file wrongful death claims after the loss of the other, so long as the adoption was legally completed.
If any of these parties do not file a wrongful death claim three months after the date of death, then it becomes possible for the executor of the deceased’s estate to file the claim instead. The immediate family of the deceased still retains their right to file for wrongful death, even if the executor of the estate does so first.
There are also restrictions on who may file a wrongful death claim:
The executor of the estate may not file a wrongful death claim if living family members have requested not to file the claim.
For help discerning whether you can file a wrongful death claim after the loss of a loved one, talk with the attorneys at McGilberry & Shirer, LLP to discuss your case.
In order to successfully present a case for a wrongful death, the following components are required:
If the death of your loved one was due to the negligence of another party, you may be able to collect a settlement for the following expenses and damages through a wrongful death claim:
While the causes of a wrongful death vary greatly depending on the situation, some typical explanations include:
Your family doesn’t deserve to suffer any longer. If you are currently experiencing hardship caused by the wrongful death of a loved one, contact the Dallas personal injury attorneys at McGilberry & Shirer or call (972) 392-1225 to schedule a no-commitment consultation today.