What You Need to Know about Wrongful Death Claims
- May 12, 2014
- Wrongful Death
When an individual dies due to the fault of another person or entity, it is considered as a wrongful death. In such scenarios, the relatives of the deceased file a wrongful death claim, which provides them with compensation for their loss.
Although the death can never truly be compensated, the loss of deceased’s income, funeral expenses and other monetary losses that are incurred by the surviving family members can be compensated for with the help of a wrongful death claim.
If you have suffered from the wrongful death of a loved one, hire Dallas wrongful death lawyers to represent your case. Want to know more about this claim? Keep reading to find out.
What Constitutes A Texas Wrongful Death Claim?
Any death that is due to the negligence of others is a wrongful death and a claim can be made upon it. This type of claim includes deaths that occur in car and workplace accidents, as well as deaths that occur due to medical malpractice.
Who Can File a Lawsuit for Wrongful Death?
Wrongful death claims are usually tackled by professional lawyers who have been employed as representatives by; the immediate family members and blood relatives of the deceased, the spouse, the financial dependents, or distant relatives.
Who can be Held Responsible for a Wrongful Death?
A wrongful death claim can be filed against individuals and corporations that are held responsible for the death of the victim. However, the person or entity held responsible for the casualty is determined after giving due consideration to the cause of death.
If the death occurred due to a car accident, the driver of the car or his employer are held accountable for the fatality; whereas, in case of a accident that takes place at work, the employer of the victim is sued for the death.
In some cases, car companies and the firm where the deceased was employed are also involved in a wrongful death claim.
This type of lawsuit can be quite complex, to the extent that if a person kills another person while being drunk and driving; the person who has sold alcohol to a driver might also be held responsible for the crash. Thus, if you want to file a wrongful death case, it is best to hire a Dallas wrongful death lawyer to guide you throughout the process.
When Should You File for a Wrongful Death Claim?
The time limit or “statute of limitations” for taking legal action, differs from state to state. However, generally, in case of a wrongful death, the survivors can file a case within and up to 2 years from the date of the incident that caused the death of the individual. As mentioned above, this time limit can differ, and in some areas, it can be as short as one year as well.
The best way to handle a wrongful death lawsuit is to get help from professional Dallas wrongful death lawyers, who can manage the case efficiently to provide justice to the deceased and due compensation to the surviving relatives.