Temple Wrongful Death Lawyer
Losing a loved one suddenly and tragically can have devastating effects on your entire family. This is especially true when an untimely death happens because of someone else’s reckless or careless actions.
If a close family member sustained fatal injuries in an avoidable accident caused by negligence, you could be entitled to compensation for damages in a wrongful death civil action. Call a Temple wrongful death lawyer for more information and begin working on your case. The hard-working personal injury attorneys of Chad Jones Law are waiting to help you pursue the financial restitution you need and deserve.
What Does Civil Statute Consider a Wrongful Death?
A wrongful death occurs when someone disregards the safety of others and causes the death of another person. Under the Texas Civil Practice and Remedies Code § 71.002, when a person’s wrongful actions or careless behavior causes fatal injuries to another, they are liable for the damages. If the decedent would have been able to sue for personal injuries if they survived, civil law allows for a wrongful death suit.
The family must understand many regulations and laws when filing a wrongful death lawsuit. A compassionate wrongful death attorney in Temple understands what families face in these situations. They could answer questions and help navigate the challenging process of recovering compensation for damages.
Surviving Family Members Who Can File the Wrongful Death Claim
When negligence causes the death of another, the law specifies who has the legal right to file the wrongful death civil action with the court. According to the Texas Civil Practice and Remedies Code § 71.004, the surviving spouse, children, and parents can file a lawsuit. One of them can also file the claim on behalf of everyone.
If a surviving family member does not file the wrongful death claim within three months of the accident, an executor of the deceased person’s estate may proceed in filing the civil claim. The process for filing and litigating wrongful death claims in Temple can be complicated, and a skilled lawyer could handle the case on a family’s behalf.
The Statute of Limitations
There are vital timelines for filing a wrongful death claim within the legislation’s requirements. According to the legal statute found in Texas Civil Practice and Remedies Code § 16.003, the family or executor of the estate must file the action within two years of the accident. Failing to file the lawsuit before the statute expires could leave a claimant unable to recover any damages from the wrongful party.
Damages in a Wrongful Death Claim
After a Temple attorney proves the defendant’s negligence caused wrongful death, the court could award the following damages:
- Lost wages and earning capacity
- Lost companionship and care the family suffers from the loss of their family member
- Lost inheritance and other benefits
- Mental and emotional pain and anguish
The court awards compensation for damages to surviving family members to return them to their financial position before the death of their loved one.
Call a Qualified Temple Wrongful Death Attorney Today
If a person’s reckless or careless behavior caused the sudden loss of someone you love, the thought of handling legal filings and understanding civil statutes while recovering from the tragedy can be overwhelming.
While an award for damages will not bring your family member back, it could allow you to hold the negligent party accountable. The compensation could also help you and your family get back on your feet. For help with a case, contact a skilled Temple wrongful death lawyer at Chad Jones Law.