What Is a Wrongful Death Claim?
A wrongful death claim can be filed when a third party is responsible for the death of another person. Wrongful death claims allow surviving family members to sue a negligent company or individual for the costs and losses incurred by a loved one's death. In these cases, the person responsible will be held liable under civil law. Even if the person responsible is already persecuted in the criminal courts, there is still room for a civil lawsuit. If the death was caused because of company negligence, the only way to make them answer for your loved one's death is to file a wrongful death claim.
What Types of Incidents May Qualify as Wrongful Death?
Wrongful death claims are filed for any death caused by another person’s negligence; however, it does not cover every kind of incident that causes the death of another.
The following are examples of what qualifies for wrongful death claims:
Can I File a San Antonio Wrongful Death Claim?
Who can file a wrongful death claim varies from state to state, but close family members of the victims are usually the only ones eligible to present a wrongful death claim. In every state, spouses and children are given the primary right to seek compensation for wrongful death. Another loved one or relative will not be able to file a claim if a child or spouse has already filed one. Contact an attorney to determine if you are eligible to file a wrongful death claim.
In Texas, the eligible beneficiaries of a wrongful death claim include the following:
- Children (18 years or older)
- Siblings
- Parents
- Parents of unmarried children
- Spouses or life partners
- Any other dependents
It is essential to keep in mind that there is a statute of limitations on wrongful death claims—this means that you only have two years to file a claim before it is too late. To learn more, visit Sec. 71 of the Civil Practice & Remedies Code.
What Damages Are Recoverable in a Texas Wrongful Death Claim?
The loss of a loved one exacts a steep and permanent cost. It robs children of their parents, spouses of their partners, and parents of their children. In addition to the loss of an irreplaceable bond, the loss of a spouse often also means the loss of income and benefits that people rely on. Recovering from those real costs is what a wrongful death claim is for.
You may have the right to recover financial compensation for three types of damages:
- Economic Damages: If you have funeral and medical expenses related to the death of your loved one, you have the right to receive compensation. You also have the right to receive compensation for the loss of the deceased’s future earnings and the loss of their future benefits.
- Non-Economic Damages: This type of compensation includes damages like pain and suffering, along with mental anguish. It also covers loss of inheritance and loss of consortium.
- Punitive Damages: In some cases, you might be eligible for additional compensation as a way of discouraging the at-fault company from allowing the same fatal accident to occur again.
Contact Our San Antonio Wrongful Death Attorneys: (888) 493-1629
The San Antonio wrongful death lawyers at Arnold & Itkin are dedicated to helping grieving families obtain the compensation they deserve. We've won billions of dollars in verdicts and settlements, including hundreds of results of $1 million or more. Our firm has proven that we are compassionate, dedicated, and effective advocates for our clients. We'll fight to ensure that what happened to you doesn’t happen again to other families.
Contact our San Antonio wrongful death attorneys today for a free case review: (888) 493-1629!
