The untimely death of a family member can be unbearably painful, especially if it was caused by someone’s wrongful actions. While nothing can replace the loss of your loved one, you can recover damages for the tangible and intangible losses caused by their death by filing a lawsuit against the person responsible with the help of a Corpus Christi wrongful death attorney.
What is Wrongful Death?
Under Texas law, the term ‘wrongful death’ refers to the death of an individual that is caused by another individual’s neglect, carelessness, or wrongful act.
What are the Most Common Causes of Wrongful Deaths in Texas?
- Motor vehicle accidents
- Pedestrian accidents
- Workplace accidents
- Medical malpractice
- Defective products
In case you have lost a loved one in an accident that does not come under the categories listed above, you might still be able to file a claim against the person responsible and recover damages. An experienced Corpus Christi wrongful death attorney can tell you whether or not you are eligible to file a claim.
Who Can File a Wrongful Death Case in Texas?
Under Texas law, only the following people are eligible to file a wrongful death claim.
- The deceased person’s spouse
- The deceased person’s children (including adopted children, if they were legally adopted by the deceased person prior to their death)
- The deceased person’s parents (including adoptive parents)
Apart from the aforementioned individuals, the executor or representative of the deceased person’s estate (who may or may not be a family member) can also file a claim under the following circumstances.
- If the aforementioned family members fail to file a claim within a span of three months from the date of death
- If the aforementioned family members request the executor to file a claim on their behalf
What Kind of Damages Can Be Recovered by Filing a Wrongful Death Claim in Texas?
- Loss of household income
- Loss of inheritance (based on the estimated amount of money the deceased person might have saved and left for their family, if not for their untimely death)
- Loss of household services, advice, and support provided by the deceased person
- Loss of companionship, love, and comfort provided by the deceased person
- Emotional distress suffered by the family members
Why Is It Necessary to Hire a Corpus Christi Wrongful Death Attorney to File a Claim?
When you file a wrongful death claim against someone, you are required to prove that your loved one died as a result of the defendant’s actions. To be able to do so, you need to provide a wide range of evidence – from medical records to expert testimonies – which is something you might not be able to do on your own.
Moreover, insurance companies are notorious for bullying plaintiffs who do not have proper legal representation. No matter how smart you are, you might not be able to take on the might of an insurance company. This is why it is important to hire a Corpus Christi wrongful death attorney, who can gather the evidence needed for your case, establish the culpability of the defendant, and recover damages through settlement or litigation.
Looking to File a Wrongful Death Claim in Corpus Christi?
If you have lost someone in your family and looking to file a wrongful death claim, attorney Thomas J. Henry can help you. As the founder of the largest personal injury firm in Texas, Thomas J. Henry has a vast amount of resources at his disposal and can fight hard to obtain the compensation you rightfully deserve.