Grapevine Wrongful Death Lawyer
In Grapevine, state law provides for a civil remedy following the wrongful death of a family member. This wrongful death statute allows family members to seek compensation for their loss from the person that caused the death.
A wrongful death claim is not a criminal matter, but it could take place concurrently with a criminal case. Wrongful death claims are a form of civil lawsuit that seek justice through obtaining monetary compensation from the responsible party. It is possible to bring these claims even when a criminal investigation does not result in charges.
If you have lost a member of your immediate family unexpectedly, you could have a viable claim for monetary compensation. A dedicated personal injury lawyer could advise you on your right to bring that claim and help you understand the compensation that could be available. By working with a Grapevine wrongful death lawyer, you could pursue a measure of justice for your lost loved one.
What Is Wrongful Death?
Wrongful death claims are defined by Texas Statute Section 71.001. According to the statute, a civil action could be available for any death that results from neglectful, careless, unskilled, or wrongful actions. This included actions that were accidental or intentional.
Who May File A Wrongful Death Claim in Grapevine?
Only certain members of the decedent’s immediate family has the right to pursue a wrongful death claim. These individuals each share standing to file a lawsuit against the person or entity that caused the death. In other words, one of these family members could file suit, or all of the eligible relatives could take legal action together.
The family members that are entitled to pursue a wrongful death action include the decedent’s spouse, children, or parents. The right to file extends to both natural-born and adopted children. While a child that has been adopted legally can seek a wrongful death claim on behalf of their adoptive parents, they will lose their standing to pursue compensation for their biological parents in that case.
Unlike parents and children, the surviving siblings of the deceased person may not file a lawsuit for damages. This is true both for adopted and biological siblings. An experienced attorney could help a family determine if they have the standing to file a wrongful death lawsuit.
Under certain circumstances, the estate of the deceased person could have the right to file a wrongful death claim. The surviving family members have three months from the date of death to give notice that they intend to pursue a claim. Unless the family expressly objects, the estate will have the right to bring a wrongful death claim after the three months expire.
Types of Recoverable Damages
The damages available through a successful wrongful death claim could be substantial. These damages cover the financial and emotional losses of the surviving relative following an untimely death. These losses could include:
- Emotional anguish
- Loss of companionship
- Lost future earning capacity
- Lost maintenance and support
A skilled Grapevine attorney could provide the surviving relatives with guidance on the compensation that could be available through a wrongful death claim.
Speak to A Grapevine Wrongful Death Attorney Right Away
Financial compensation is often an afterthought for those experiencing the grief of losing a loved one. However, the compensation available through these claims could ease financial stress during the grieving process.
A Grapevine wrongful death lawyer could help you seek justice for your loved one. When you are ready, let a compassionate attorney help your case.