A wrongful death claim is a type of civil action that is filed after an individual loses their life due to the negligent, reckless, or intentional actions of another party. These claims are designed to hold at-fault parties accountable for their actions while helping bereaved families secure compensation for some of the losses and costs they face. Working with a Corpus Christi wrongful death lawyer can help you secure the maximum compensation for your damages after losing a loved one.
Accidents that Lead to Wrongful Death Cases in Texas
In Texas, specific circumstances commonly give rise to such legal actions. Some of the most common include:
Automobile Accidents
When car accidents result in fatalities due to the negligence of another driver, such as speeding, drunk driving, or distracted driving, they can lead to wrongful death claims. Those affected by the fatal accident can contact an injury attorney in Texas to take legal action against the responsible party.
Medical Malpractice
Medical malpractice cases occur when healthcare professionals fail to provide a standard level of care, leading to patient harm or death. Wrongful death claims in Texas can arise from medical errors, surgical mistakes, misdiagnosis, or other forms of medical negligence. The statute of limitations for medical malpractice cases adds a layer of complexity, emphasizing the need for timely legal action with the assistance of an injury attorney in Texas.
Workplace Accidents
In industries like construction, manufacturing, or oil and gas, workplace accidents can unfortunately lead to fatalities. Employers must provide a safe working environment. If negligence or safety violations contribute to a fatal accident, a wrongful death claim can be pursued.
Defective Products
Defective products, ranging from pharmaceuticals to consumer goods, can cause fatal injuries. Product liability laws in Texas allow surviving family members to seek compensation if a defective product contributed to their loved one’s death. Manufacturers, distributors, and sellers may be held accountable for producing or distributing unsafe products.
Premises Liability
Property owners have a responsibility to maintain safe premises. Accidents resulting from hazardous conditions, inadequate security, or negligence on someone’s property can lead to wrongful death claims. Examples include slip and fall accidents, inadequate building maintenance, or criminal activities on poorly secured premises.
An injury attorney in Texas can help you better understand if you are entitled to take legal action after experiencing the loss of a loved one.
Who Can File a Wrongful Death Claim in Texas?
In Texas, several individuals can file a wrongful death claim. The most notable ones are immediate family members of the deceased. This includes:
- The surviving spouse of the deceased
- Children of the deceased
- Parents of the deceased
If a claim is not filed within three calendar months from the date of the decedent’s passing, an administrator or executor of the estate has a right to file a claim on behalf of the entitled parties.
How Long Do I Have to File a Wrongful Death Claim?
The statute of limitations in Texas states that entitled parties have up to two years to file a wrongful death claim. However, certain exceptions exist under 16.010, 16.0031, and 16.0045 that can either shorten or lengthen the time you must take legal action. For this reason, you must work with a Corpus Christi wrongful death lawyer to ensure your claim is filed in time. Filing a claim once the statute of limitations has tolled will prevent you from recovering any damages for your losses.
What Damages Can Be Recovered in a Wrongful Death Claim?
In a wrongful death claim, the surviving family members can recover several categories of damages. These damages aim to compensate the family for the financial losses they have experienced as a result of the death.
Economic damages refer to financial losses that the family experiences, such as lost wages, funeral expenses, and loss of future income. These damages aim to restore the family to the financial position they would have been in if their loved one had not died.
Non-economic damages, on the other hand, are harder to quantify but cover intangible losses such as loss of companionship, love, and care. These damages aim to compensate for the emotional pain and suffering that the family has endured due to the wrongful death.
In some circumstances, punitive damages may also be awarded. These damages are intended as punishment for the responsible party and to deter similar future actions. However, it is essential to note that punitive damages are relatively rare in wrongful death cases.
You must contact a Corpus Christi wrongful death lawyer immediately to ensure your rights are protected after enduring the loss of a loved one.
Contact Our Corpus Christi Wrongful Death Lawyer Today
At The Burkett Law Firm, we understand the pain and difficulties that come with such a loss, which is why our experienced Corpus Christi wrongful death lawyer is dedicated to helping families like yours seek justice and compensation. While no amount of money can ever replace your loved one, obtaining financial security and holding those responsible accountable can bring some closure and help you move forward.
If you have lost a family member due to someone else’s actions, contact us today for a free consultation to see if you have a valid wrongful death claim.