How To Proceed with A Lawsuit for Wrongful Death?

September 27 18:33 2021

The wrongful death of a person is emotionally and financially devastating for the family and dear ones. People can file a case for wrongful death and claim compensation. However, it is difficult to prove the case without the help of an expert team of personal injury lawyers. These lawsuits may settle either in a few months or it may take up to a few years. Not all wrongful death cases necessarily go for trial.

Every state has its law regarding such incidents. For people trying to find a wrongful death attorney in Houston, they can always look up Baumgartner Law Firm. Over 30 years of experience in handling personal injury cases have given them the expertise. They provide their services to victims throughout the state of Texas and do not take any fee until the victim receives the compensation. They also provide a free consultation.

When to Claim Compensation for A Wrongful Death?

One can file a wrongful death claim when the defendant causes the death of a victim due to his actions. These are some of the situations where wrongful death compensation can be claimed –

  • When the person at fault kills the victim intentionally

  • Injury leading to death in car accidents due to negligence

  • Medical malpractice resulting in the death of the victim

There can be more personal injury cases that proceed to wrongful death lawsuits. Keep in mind that the workers compensation system handles some work-related injuries that lead to death.

Damages for Which Compensation Can be Claimed

The categories of losses where one can receive compensation for wrongful death may include –

  • The victim’s pre-death suffering

  • Treatment cost for the injuries causing the death

  • Burial and funeral expense

  • Loss of companionship and consortium

  • loss of income the deceased could have if alive

  • If the deceased could have provided valuable services

  • Loss of care and guidance due to the death of the victim

  • Emotional trauma

Who Is Eligible to File the Claim?

Generally, In Texas an immediate family member can file a wrongful death lawsuit and claim compensation. The surviving spouse can file the lawsuit if the deceased was married. One of the parents would bring the lawsuit in case of the death of a minor child. Some states allow an adult child to bring a lawsuit. Parents can file a wrongful death claim. Every state is different so always consult an attorney in the state the death occurred.

If the deceased had a will, the court may appoint a representative or executor.

Is There a Time Limit to File the Lawsuit?

There is a time limit to file a wrongful death lawsuit. The statute of limitation may vary in different states. Always consult with an attorney right away, don’t wait. The count for the statue starts right from the moment of incident. If the lawsuit is against the government or its employee, then the claimant may be required to give notice in a very short time.

Don’t wait long to act and consult a reputed attorney for expert advice.

Media Contact
Company Name: Baumgartner Law Firm
Contact Person: Greg Baumgartner
Email: Send Email
Address:6711 Cypress Creek Pkwy
City: Houston
State: Texas
Country: United States