Mansfield Wrongful Death Lawyer
Unexpectedly losing someone whom you love in an accident can be one of the most devastating experiences of your life. Knowing that the negligent or reckless actions of another caused a fatal accident can make matters even more challenging. Talking to a Mansfield wrongful death lawyer may be the most effective way to protect your rights following the wrongful death of a loved one.
When a third party is responsible for causing a death, that party may be financially responsible for all resulting costs. These expenses include quantifiable expenses like funeral costs but also intangible losses suffered by the close family members of the deceased. A skilled personal injury lawyer could evaluate your situation and determine whether a wrongful death claim is a possibility in your case.
Wrongful Death Claims in Mansfield
A wrongful death claim is a civil case against a person or entity that is responsible for causing the death of someone else. This claim is independent of any criminal prosecution of the party for causing the death, such as for DWI or reckless driving. Immediate family members may be able to recoup some or all their financial losses from those who wrongfully caused the premature death.
The burden of proof in a wrongful death claim also differs from a criminal prosecution. In a criminal case, the prosecution must prove that the accused party committed a crime beyond a reasonable doubt. In a civil wrongful death claim, however, there is a much lower standard of proof, a preponderance of the evidence.
Various incidents can lead to a wrongful death claim. Some common examples may include:
- Drunk or impaired drivers who cause fatal accidents
- Fatal workplace accidents stemming from a lack of training or supervision
- Medical malpractice resulting in death
- Defective consumer products or drugs that lead to death
When criminal, negligent, or reckless behavior results in death, individuals may be able to pursue wrongful death claims in appropriate cases. As a result, consulting a wrongful death lawyer in Mansfield may be highly advantageous to those who have lost a loved one in an accident caused by the carelessness of others.
Who is Eligible to File a Wrongful Death Claim?
Tex. Civ. Prac. and Rem. Code § 71.003 states that only specific family members of the deceased can file wrongful death claims. These individuals include the surviving spouse, children, and parents of the deceased person. However, if none of these individuals have filed a wrongful death claim within three months of the death, then the executors or administrators may bring the claim unless all family members request them not to do so.
The proceeds of a wrongful death claim are exclusively for the benefit of the surviving spouse, children, and parents of the deceased. One of these parties is eligible to bring the wrongful death action on behalf of all qualified family members. By contacting a wrongful death attorney in Mansfield for advice, individuals could better understand the mechanics of filing a wrongful death claim.
What Damages Are Available in a Mansfield Wrongful Death Claim?
Individuals who have lost their loved one due to the negligence of others may be able to recover both economic and non-economic damages through a wrongful death claim. Economic damages may include final medical and emergency care expenses, as well as burial expenses and lost wages. Non-economic damages may include pain and suffering, loss of companionship, and mental anguish stemming from the death.
Surviving family members also may be entitled to exemplary damages in addition to actual damages in some wrongful death cases under Tex. Civ. Prac. and Rem. Code § 71.009.
Contact a Mansfield Wrongful Death Attorney for Advice
While compensation never makes up for the loss of a loved one, getting a damages award in a wrongful death claim can ease some of the financial burdens of sudden death in the family. A Mansfield wrongful death lawyer can work to help you recover the maximum amount of compensation to which you may be entitled.
Working with legal counsel can ensure that you meet the necessary criteria to bring a wrongful death claim. Legal counsel can negotiate on your behalf to achieve the recovery that you need and deserve as you rebuild your life following the death of a loved one. Call now to start your case.