The unexpected loss of a loved one can present a situation steeped in both grief and pragmatic considerations involving finances and the well-being of those left behind.
But in cases where a death occurs at the hands of a responsible party or a negligent party, an awareness of the law can help you determine the next steps you should take. A resource like Davis & Davis that includes info about a wrongful death attorney in McAllen, TX offers family members the information they need to determine how to proceed, as well as the safeguards available under Texas law.
Understanding What Constitutes Wrongful Death
A wrongful death occurs when someone dies due to the wrongful act or negligence of another person or entity. Wrongful deaths can happen virtually anywhere, including in car accidents, workplace accidents, hazardous property conditions, due to medical malpractice, and under a host of other circumstances.
In wrongful death cases, the key legal question is whether and how a family can hold another individual or entity legally responsible for the death. That question requires detailed fact-finding and legal research into what laws might apply, what duties were owed, and how the alleged breach of those duties ultimately led to the fatal injury.
Questions about wrongful death, and about the claims and lawsuits that can result from them, can be particularly tricky for families facing the grieving process. After all, wrongful death claims and lawsuits are inevitably complex endeavors that require a great deal of time, energy, and commitment. Yet at the very same moment that a grieving family needs as much energy as possible to heal and recover, it takes time and patience to think through the legal components of a wrongful death case.
Who Can Bring a Wrongful Death Claim in Texas?
Texas has a specific list of family members who can file a wrongful death lawsuit. In most cases, the deceased’s surviving spouse, children, and parents are allowed to file a claim. Family members who are eligible to file a wrongful death claim can choose to file a claim individually or pursue a claim with other family members.
A wrongful death case is meant to compensate the surviving loved ones. Depending on the specifics of the case, the family may be able to recover damages for the loss of financial support, mental anguish, loss of companionship, and other damages recognized by law. In some cases, the deceased’s estate may also have a claim.
The estate may also file a separate survival claim. This particular form of claim is different from a wrongful death claim. A survival claim is a claim for damages that the deceased party could have received had they survived. This could include certain medical expenses, the deceased’s pain and suffering, and other damages. Both claims serve different purposes. For this reason, it’s important to understand the difference between the two to know what legal rights you may have.
Why Evidence and Documentation Matter
Proving who was at fault requires proof. Evidence that may be relevant will vary depending on what actually happened but could include accident reports, medical documentation, photographs or video footage of the scene, witness statements, work and wage history, and possibly expert analysis or opinion.
In some cases, it may be the responsibility of the surviving family or representatives to maintain this evidence to help build proof of fault. Multiple liable parties or disputed causes of an incident may require additional information later on. Furthermore, loved ones may need information regarding a deceased person’s earning history, financial footing, and role within the family in order to show what has been taken away from them.
Organizing information or evidence can help take some of the stress off of what is and is not necessarily needed to pursue a claim, as well as provide attorneys with an opportunity to review how detailed an understanding is of what happened and what can be done about it.
Understanding Deadlines and Legal Responsibilities
In most cases, the law requires families to seek justice within two years of a fatal crash. Deaths caused by medical errors may have different limits. The time period almost always begins at the time of death, but exceptions may apply. This makes it important for family members to consider their options as soon as they can after a tragedy.
The reasons for this are numerous. The more time that has passed, the less time there is to gather evidence from bystanders, law enforcement, or the hospital. Witnesses to the event may change addresses, and it may need to track them down in other states or countries. Hospital records may be destroyed. Painful memories may fade so significantly that the recounting of events becomes unreliable. An attorney, on the other hand, can attempt to get records through all appropriate legal channels with plenty of time to build a case.
Finding Clarity During a Difficult Period
The answer is no. Wrongful death law can not bring about the return of a loved one. But filing a California wrongful death claim can help surviving family members seek justice and receive compensation for their loved one’s losses.
By reviewing who can file a claim, the damages available, the evidence plaintiffs must present, and the statute of limitations, families can become more aware of their own rights. With the right resources, they can choose their best course of action, all while keeping the peace to heal.
