Losing a loved one is never easy, but it can be especially devastating when their death was caused by someone else’s negligence or wrongdoing. If you’ve lost a family member in this way, you may be entitled to file a wrongful death claim. The emotional and financial toll that a wrongful death has on a family can be major. It’s often beneficial to have an experienced personal injury lawyer to help you through this difficult time and fight for the compensation you deserve.
What is Wrongful Death?
Wrongful death is a legal term that refers to a situation in which a person dies due to someone else’s negligent or intentional actions. Wrongful death claims can arise from a variety of situations, including:
- Car accidents
- Medical malpractice
- Workplace accidents
- Slip and Fall Accidents
- Premises liability
Who Can File a Wrongful Death Claim?
In most states, the deceased person’s surviving spouse, children, or parents can file a wrongful death claim. In some cases, other relatives or dependents may also be eligible to file a claim. A personal injury lawyer can help you determine if you are eligible to file a claim.
Types of Damages in Wrongful Death Claims
Damages in wrongful death claims can include compensation for:
- Medical expenses incurred before the person’s death
- Funeral and burial costs
- Lost income and earning capacity
- Loss of companionship, guidance, and support
- Pain and suffering of the deceased person before death
- Punitive damages in cases of extreme negligence or intentional harm
Burden of Proof
In a wrongful death claim, the burden of proof is on the plaintiff to establish that the defendant’s action or inaction caused the death of the deceased. This includes proof that the defendant had a duty of care towards the deceased, that they breached that duty, and that the breach caused the death. This can be a complex legal process that requires thorough investigation and expert testimony. It’s important to work with an experienced personal injury lawyer who can help you navigate the legal process and build a strong case on your behalf.
Statute of Limitations
In Texas, the statute of limitations in a wrongful death action is often two years from the date the cause of action arises from. If you miss the statute of limitation deadline, you may be barred from filing a wrongful death claim. An attorney can help you understand the applicable statute of limitations in your state, as well as other legal requirements for filing a wrongful death claim. They can also help you gather evidence, negotiate with insurance companies, and advocate for your rights in court, if necessary.
Settlement vs. Trial
In a wrongful death case, there are two main ways to resolve the claim: through a settlement of by going to trial.
- Settlement:
A settlement is an agreement between the plaintiff and defendant to resolve the case without going to trial. In a wrongful death case, a settlement typically involves the defendant agreeing to pay a certain amount of money to the plaintiff in exchange for the plaintiff dropping the lawsuit and releasing the defendant from any further liability.
Settlements can be beneficial for both parties, as they can save time and money compared to going to trial. Settlements can also provide the plaintiff with a guaranteed amount of compensation, rather than risking a potentially lower award at trial. Additionally, settlements are generally confidential, which can be important for preserving the privacy of both parties.
- Trial:
If a settlement cannot be reached, the case may proceed to trial. At trial, the plaintiff and defendant present evidence and arguments to a judge or jury, who then decide on the case.
Going to trial can be a lengthy and expensive process, but it can also provide the plaintiff with a greater opportunity for compensation. If the plaintiff is successful at trial, they may be awarded a higher amount of damages than they would have received in a settlement.
Additionally, going to trial can be an important tool for holding the defendant accountable for their actions, as it can result in public exposure of their wrongdoing and potentially lead to changes in behavior or policies.
Ultimately, whether to settle or go to trial in a wrongful death case depends on the specific circumstances of the case and the goals of the plaintiff. An experienced personal injury lawyer can help guide you through the decision-making process and advise you on the best course of action based on your individual situation.
Contact us Today
If you’ve lost a loved one due to wrongful death, don’t hesitate to contact Borunda and Fomby PLLC today to schedule a free consultation. Our compassionate and knowledgeable lawyers will help you get the justice and compensation you deserve.
Contact us today for a free consultation to discuss your case and learn more about your legal options. You can email us at info@txinjuryadvocates.com,or call us at (281) 846-4229 or fill out our online contact form to get started.
