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Have you lost a loved one due to the negligent actions of another individual? At MR Civil Justice, we know how to handle wrongful death claims and help families of fatal accidents seek compensation. We know that it is important to make sure that justice is served, and by taking legal action against the party responsible for your loved one’s death, we can help accomplish this goal regardless of whether it was the result of a car accident, truck accident, motorcycle accident, or any other type of accident.
It’s heartbreaking to lose a loved one. Survivors of someone who died as a result of the fault of another person or business may be eligible to file a wrongful death case. Wrongful death cases seek damages, or remuneration for the loss suffered by the survivors, such as lost wages, companionship, and burial costs.
If the deceased individual was the sole or main provider for the family, compensation can be a good way to cover the lost past and future income that would have been earned. While no amount of money can make up for the loss of a loved one, it can help you move forward without financial concerns. Our Dallas wrongful death attorneys can also help with a bad faith insurance claim if the insurance company wrongfully denies your claim or offers an insufficient settlement.
When a person dies as a result of another person’s legal fault, a wrongful death lawsuit can be filed. The ability to bring a wrongful death lawsuit is a relatively recent concept. This type of lawsuit was not permitted under “common law” (the laws imported to the United States from England). However, state and federal courts established the right to file a wrongful death lawsuit within the last century. Every state in the United States now has a wrongful death statute.
Wrongful death lawsuits cover a wide range of deadly occurrences, from minor vehicle accidents to complex medical malpractice or product liability cases. Individuals, businesses, and government agencies can be held legally liable for acting negligently (failing to act as a reasonable person would) or purposefully.
Unlike other lawsuits, wrongful death lawsuits add the wrinkle of having to figure out who has grounds to bring a lawsuit. In other words, because the person who was injured is deceased, how do you prevent everyone in the world from claiming they are entitled to proceeds? Determining who is eligible to bring a wrongful death suit is called determining standing for the real parties in interest
A wrongful death case to seek damages is typically for the sole benefit of the deceased’s surviving spouse, children, and parents. Other relatives and loved ones, such as grandparents, siblings, cousins, and romantic partners, are usually not eligible for compensation.
If none of the surviving relatives who are eligible to bring the case do so within three months of their loved one’s death, the executor or administrator of the decedent’s estate can, with the exception that if all of the remaining family members who could file the action request that the executor not proceed with the claim is there a restriction to this.
The surviving family members may be entitled to the following compensation:
The surviving spouse, children, parents, or the estate’s representative have two years from the date the action accrues to file a wrongful death claim under Section 16.003(b). The date on which the cause of action arises is usually the day on which your loved one died, but this is not always the case. There are a number of circumstances that can cause the statute of limitations for wrongful death to be delayed or paused. If it has been more than two years after your loved one died, an analysis will be needed to see if your case applies for one of the exceptions.
When you’ve suffered the loss of a beloved family member or spouse, there’s little that can make up for your wounds. The effects of such a personal loss may be felt in all aspects of your life. The psychological pain can be excruciating, and the financial strain can be difficult to bear.
In some cases, however, filing a wrongful death lawsuit may bring you a measure of peace, as well as security regarding your financial future. This is especially true when no crime was committed and there is no justice to be found in the criminal courts.
Even if the defendant did commit a crime, the prosecutor’s primary goal is to uphold the law – not to ensure that you receive fair compensation. A wrongful death lawyer, on the other hand, will strive to secure financial recovery on your behalf, allowing you to spend more time with your friends and family after this traumatic experience.
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