It may even be possible to file a wrongful death suit against the party or multiple parties responsible for the death. In most cases, a wrongful death suit can be filed even if those liable for financial damages do not face criminal charges. Let’s take a closer look at Texas wrongful death laws and how Patrick Toscano, San Antonio wrongful death lawyer, may be able to help you.
Who Can File a Wrongful Death Suit in Texas?
If you are the parent, spouse or child of an injured individual who has passed away, you can file a wrongful death suit on that person’s behalf. As a general rule, eligible family members have three months from the time of the death to decide if they want to proceed with one. Otherwise, the executor of the deceased’s estate or another personal representative may do so on behalf of the family. It is important to note that Texas gives you two years to file a case regardless of who files it.
What Qualifies as Wrongful Death?
There are many instances in which one or more parties may be liable for a person’s wrongful death. For example, if someone was killed while using a defective product, the maker of the product may be liable for causing that death. Of course, this assumes that the product was not modified in any way and was used properly at the time of the accident.
San Antonio family members of drivers, passengers, and pedestrians who are killed in a car accident may file such a lawsuit. The same is true for the loved ones of workers who are killed in construction accidents or through other forms of negligence by their employers. It is also possible to file a wrongful death suit if a doctor commits medical malpractice resulting in your loved one’s death. Finally, if a person is killed while on someone else’s property, the family of that person may have a claim.
What Types of Compensation Are Available?
In most cases, the family members of a deceased person may recoup medical costs incurred as well as final expenses such as a funeral or cremation. It may also be possible to recover costs for any personal property such as a car that was lost or destroyed in an accident.
Lost wages and future earnings may also be recovered as a result of a person’s death. This is especially beneficial if the deceased has children or others who depended on his or her income. Other damages may be awarded as appropriate under state law such as for the loss of companionship or parental guidance. Punitive damages may also be awarded in a wrongful death suit.
Losing a loved one is never an easy thing to experience. It can be even harder to know that the death could have been prevented if the party liable for the death had exercised greater caution. If you have lost a loved one and believe that it happened because of another party’s negligence, don’t hesitate request a free consultation with our San Antonio wrongful death lawyer, Patrick Toscano, today.
