Unexpectedly losing a loved one is difficult, at best. If a relative died, you and other members of your family might struggle to cope with the sudden loss. The unexpected death might also take a heavy financial toll. You might have a stack of expensive medical bills that need to be paid, as well as funeral and burial costs. Figuring out how you will get by without your loved one’s income might also prove challenging.
For you and other relatives, the hardest part might be imagining how you will carry on without the love, support, and companionship that you and your family member used to share. This pain can be compounded if your relative’s death occurred because of someone else’s actions or negligence.
A San Antonio wrongful death lawyer might be able to help your family seek justice. You could be entitled to an award to compensate for the losses you have suffered and will experience in the future because of your loved one’s sudden and untimely passing.
The team at Ben Crump Law, PLLC, has worked to pursue justice on behalf of clients all over the United States. We could be able to file a wrongful death lawsuit against an individual, company, or government agency that was responsible for your relative’s death. Call our office at (800) 593-3443 to discuss your case with a member of our staff.
Who Can File a Wrongful Death Lawsuit and When?
A death is wrongful when it is the result of another’s negligence. Some common causes include medical malpractice, a car accident, a defective product, an unsafe medication, or someone’s failure to act in a way that would have prevented harm to another. The negligent party could be an individual, a company, or a government agency that might or might not have caused the death intentionally.
Surviving family members who suffered monetary losses or a representative of the deceased person’s estate may file a wrongful death lawsuit to seek financial compensation. This civil claim would be filed separately to criminal charges brought by law enforcement.
Texas law allows only certain individuals to file a wrongful death lawsuit. A deceased person’s surviving spouse, children, and parents may file a wrongful death lawsuit under the Texas Civil Practice and Remedies Code §71.004. They may sue collectively, or one individual may file a lawsuit on behalf of all eligible survivors. A representative of the deceased individual’s estate might also have the right to file a wrongful death lawsuit with the permission of the family.
According to the Texas Civil Practice and Remedies Code §16.003, the statute of limitations to file a wrongful death lawsuit is two years from the date of the victim’s death. In most cases, if survivors do not sue within that time frame, they will lose their right to pursue financial compensation.
If a government agency or employee caused your loved one’s death, you might be able to file a lawsuit under the Texas Civil Practice and Remedies Code §101.021. You will have to file a notice with the governmental unit within six months of the date that the incident occurred.
For a free legal consultation with a wrongful death lawyer serving San Antonio, call 800-593-3443
What Types of Damages May Plaintiffs Seek?
A San Antonio wrongful death lawyer might be able to file a lawsuit to pursue financial compensation for you and your family. Surviving relatives may sue for medical bills incurred prior to their loved one’s death, the deceased person’s pain and suffering, funeral and burial costs, the loss of financial support the deceased would have provided, loss of inheritance, loss of companionship, and the emotional pain and suffering of the survivors.
The amount of an individual’s lost income is typically estimated based on the deceased person’s earnings at the time of death, education, professional experience, age, life expectancy, and other factors.
Under the Texas Civil Practice and Remedies Code §71.009, a court might award exemplary damages if the actions of the defendant were intentional or particularly negligent. This type of award is intended to punish the defendant and set an example to discourage others from engaging in similar behavior.
San Antonio Wrongful Death Lawyer Near Me 800-593-3443
Contact a San Antonio Wrongful Death Lawyer
If a member of your family died because of someone else’s negligent act or failure to act, you and other relatives might be entitled to financial compensation. While restitution will not bring back your loved one, it could ease the financial burden and give you some peace of mind to help you move forward.
The team at Ben Crump Law, PLLC, has helped people across the United States whose lives were turned upside down by the sudden loss of a loved one. We could be able to file a wrongful death lawsuit on your behalf to seek compensation for the losses you have already suffered as well as future difficulties you will face.
At Ben Crump Law, PLLC, we understand that people who are reeling from the wrongful death of a family member are often struggling financially and do not have the resources available to pay a San Antonio wrongful death lawyer out of pocket. Because of this, our firm operates on a contingency basis. If you ask us to file a wrongful death lawsuit, you will not have to pay us any money upfront. We will only get paid if we obtain a financial award to compensate you for the loss of your loved one.
Filing a lawsuit might not be your priority right now, but the sooner you get started, the faster you can seek the compensation you deserve. Also, consider that, if you do not act within the statute of limitations, you may forfeit your right to sue, even if you have a valid legal claim. Call the offices of Ben Crump Law, PLLC, at (800) 593-3443, so our team can begin working on your case.