State law provides legal recourse for the surviving relatives of a person who passes away due to someone else’s negligence. Facing the reality of an unexpected loss is never easy, and dealing with a complex legal claim at the same time makes the grieving process especially difficult. Fortunately, our experienced injury attorneys can take on the burden of pursuing a legal claim during this sensitive time.
If you recently lost a loved one due to another person’s carelessness, you have the right to pursue justice through a wrongful death claim. One of our Clear Lake wrongful death lawyers can take the lead in your case so you can address the changes your family is facing.
What Makes a Death Wrongful?
When a wrongful act, unskillfulness, carelessness, neglect, or default results in death, Texas Civil Practice and Remedies Code §71.002 allows the decedent’s surviving loved ones to initiate a civil action against liable parties. These claims commonly result from situations involving drunk driving, manslaughter, medical negligence, and workplace accidents.
The team of attorneys at Haines Law can assist your family in pursuing a wrongful death settlement. Experienced legal counsel can investigate the circumstances of the decedent’s passing, identify responsible parties, and pursue monetary compensation on the surviving family’s behalf.
Who Can Pursue a Wrongful Death Claim?
Every state takes a different approach to wrongful death actions. In Clear Lake, state law allows multiple surviving family members to bring a wrongful death action against liable parties. In other words, surviving spouses, children, and parents of the decedent may bring a claim. Every person with the right to pursue a wrongful death claim is equal under the law.
Alternatively, a group of these family members could join together to file a single wrongful death lawsuit. If multiple wrongful death actions are filed, the courts will typically combine them into a single case.
However, if a wrongful death claim has not been filed within three months of the decedent’s passing, the estate could move forward with a case. An executor or personal representative of the decedent’s estate can file the claim on behalf of any beneficiaries, unless surviving family members ask that they do not file suit.
When a parent dies, their children – biological and adopted – have the right to file a wrongful death action. However, once a child has been legally adopted, they may not pursue a wrongful death claim on behalf of their deceased birth parents. Our Clear Lake attorneys can advise surviving relatives on whether they can move forward with a wrongful death claim.
Speak with a Skilled Clear Lake Wrongful Death Attorney Today
If you are facing the unexpected loss of your beloved family member, it’s understandable if pursuing a legal claim is not your highest priority. The good news is that compassionate legal counsel is available at our firm to pursue your claim while you grieve. Let our Clear Lake wrongful death lawyers guide you through the claims process. To learn more, call Haines Law today.