Wrongful death cases are a result of someone’s negligence or wrong doing. You are suing the wrongdoer because of something they did to your loved one. Wrongful death is a unique sort of claim because you are suing someone for something they did to someone else. Usually you are suing someone for what they did to you. There are many facets to a wrongful death claim. Having skilled Fort Worth wrongful death attorneys who are qualified to go head to head with the wrongdoer are definitely recommended for this type of claim. In this article, we will discuss how a wrongful death claim works and what you need to know when considering whether you have a valid claim.
How do I Determine if I can sue for Wrongful Death?
How did the injury occur? Was it at work? Was your loved one in someone else’s care when the injury took place? Was it a car accident? The answers to these questions determines what you must prove in order to have a valid wrongful death claim.
If another person had an obligation to your loved one and failed to uphold that obligation, and death resulted, it is likely you can sue for wrongful death. For example, if your son drowned in a pool because a flotation device malfunctioned, products liability will be the basis of your wrongful death claim. You will have to show the product malfunctioned, causing the death of your son. Then, you may be able to collect for the loss of your son, if the products liability claim is successfully proven.
Unfortunately, just because you suffered a loss, you are not automatically entitled to recover. Someone else must have failed to uphold their obligation, causing the resulting harm.
Once the underlying claim is proven, you must show how that loss affected you. For example, the death of your loved one means you will never get to see them grow up. Some other common losses are those for loss of income and loss of companionship.
What Survivor’s Rights do I Have?
In addition to a wrongful death claim, you may have a claim under survivor’s rights. You can step into the shoes of the deceased loved one and collect what that person could have collected for. Things like lost wages, medical bills, etc. are recoverable under a survivor’s claim. For example, let’s say your loved one was in a car accident, was air-lifted to a hospital, received many surgeries, and later died. Your loved one will be on the hook for those medical bills they incurred while in the hospital. The survivor claim you can bring on their behalf will allow you to collect from the wrongdoer for the medical bills incurred because of the accident.
Let us Help You
We are sorry you are going through such a difficult time and would like to help lighten the load a little bit. Call and tell us your story at 1-855-246-3899. With a free consultation with one of our Fort Worth wrongful death lawyers we can value your case and tell you exactly how we can help. Every case is different and deserves individualized attention. With our experience and service to Texas for over 23 years, we know Texas law and will be able to analyze your case accordingly. We are hard-workers who know how to fight on your behalf. We know you have a lot at stake and are willing to put in the man hours to get you the compensation you deserve. Let us help you today.