A wrongful death claim is similar to a personal injury claim in many ways. The filer of a personal injury claim is hurt, but still alive. They can file a claim themselves. A filer of a wrongful death claim is doing it on someone else’s behalf because they are no longer with us. A San Antonio, Texas wrongful death lawyer can tell you more about the rules surrounding these claims and what our legal team can do to assist you with them.
When Can a Wrongful Death Claim Be Filed?
A wrongful death claim can be filed when your loved one passes away and you believe that someone else’s negligence was to blame. In this way, it’s just like a personal injury claim. If your loved one was injured in a slip and fall, a car crash, or another accident, and someone else was to blame, then this is how you address it and hold any liable parties accountable.
Who Can File a Wrongful Death Claim?
It’s important to note that only one claim can be filed on behalf of your loved one. No matter how many surviving relatives they have, only one lawsuit can be pursued. A surviving spouse, parent, or child is usually the one to make the claim on behalf of all family members of the deceased.
What Kinds of Damages Can Be Won?
The damages awarded for a wrongful death claim are supposed to make up for the financial costs of your loved one’s untimely death as well as the psychological harm that it has caused your family members. Your settlement can help compensate you for:
- Your loved one’s final medical expenses
- Funeral and burial expenses
- Your loved one’s financial contribution to the household
- Loss of companionship, guidance, or guardianship
- Any pain and suffering experienced by your loved one and your family members
The damages awarded in a wrongful death case are similar to those awarded in a personal injury case, but there are some important differences in how they are calculated.
Is There Limited Time to File a Wrongful Death Claim?
It’s also important to remember that you do not have an unlimited amount of time to file a wrongful death claim. Texas gives you two years to take action. This is the same amount of time that you would have to pursue a personal injury case.
Try to file a claim after the statute of limitations expires and your case is likely to be thrown out, no matter how convincing it is. This is a good reason to have a lawyer handle your case. We’ll take care of the paperwork and make sure that you don’t miss any important deadlines. You focus on taking care of yourself and your family.
Schedule a Case Consultation
So if you believe that someone else’s negligence contributed to the death of a loved one, contact Sahadi Legal Group. We can schedule a free, no-obligation case consultation. Learn more about your legal options today.
