Death is a tragedy that can rock your family to the core, especially when that death is unexpected. The sudden passing of a loved one often leads to many expenses and questions about how to move forward.
If you lost a loved one in an accident, a Pasadena wrongful death lawyer can help you seek fair compensation to secure your financial future. A personal injury attorney can investigate the cause of the death, explain your family’s legal rights, and hold the liable parties accountable for their actions.
When May an Event Lead to a Claim of Wrongful Death?
Wrongful death claims are complex personal injury actions with their own specific rules under state law. The first and most important step is to determine if the fatality was caused by negligence under Texas Civil Practice & Remedies Code §71.002. For a wrongful death claim to be successful, there must have been a valid personal injury claim had the victim survived. While many aspects are similar between wrongful death and personal injury actions, awards or settlements for damages would go directly to the surviving family.
To prove fault, plaintiffs must show that the defendant caused the death by negligence or an intentional act of violence. Common scenarios that may lead to wrongful death claims include:
- Medical mistakes
- Car, truck, or motorcycle collisions
- Dangerous consumer products
- Dangerous conditions in the workplace
- Pedestrian or bicycle crashes
For surviving families in Pasadena, a wrongful death lawyer can help determine if there is a legal basis for pursuing a case.
Parties Who Receive Compensation
Once a lawyer determines that a wrongful death claim is appropriate, it is necessary to follow state procedure. Under Texas Civ. Prac. & Rem. Code §71.004(a), spouses, children, and parents of the deceased are granted the first chance to serve as a plaintiff in a wrongful death claim. If none of these people file a claim within three months following the death, the executor or administrator of the decedent’s estate can pursue the case.
Regardless of who serves as a plaintiff, only the spouse, children, or parents of the deceased can receive compensation from the claim. These claims can demand payments for outstanding medical bills, lost companionship, lost earnings, and emotional trauma. There is no damages cap except in medical malpractice cases, and juries may award any compensation they determine to be just. A wrongful death attorney in Pasadena could help families pursue their claims and demand appropriate payments from liable defendants.
A Pasadena Wrongful Death Attorney Can Help
Few experiences in a person’s life are as painful and disorienting as an unexpected death. These events affect your emotional wellbeing, financial health, and the future of your family. Whenever this death is the result of another party’s negligent or intentional conduct, they should be held responsible for providing compensation to your family.
A Pasadena wrongful death attorney could help surviving family members pursue these claims. We can diligently investigate the cause of death to determine who is legally liable. At Haines Law, we can help you negotiate with the insurance companies in pursuit of the justice your loved one deserves. Contact a compassionate attorney today to get started.