You can file a personal injury lawsuit when you’re injured in an accident. Some accidents don’t just end in injuries. Unfortunately, some become fatal. When these kinds of horrible accidents occur, family members can file wrongful death claims to get compensation from those who caused the accident.
If you’re not familiar with wrongful death claims, it’s something you should know about. You never know when you will use your knowledge to help yourself or others.
The Difference Between a Wrongful Death Lawsuit and a Personal Injury Lawsuit
Wrongful death claims and personal injury claims are very closely related but there are some major differences. One significant difference is that instead of someone just being injured, someone has actually been killed because of someone’s negligence or intentional actions.
In a personal injury case, injured victims can prove that they were hurt intentionally or were part of someone’s negligent behavior. If they are able to prove this, they can seek compensation for medical bills, pain and suffering, lost wages, and more.
A wrongful death claim is different in a few ways, but the primary difference is that those that seek compensation are family members that have been left behind. They too can recover compensation for medical bills, lost wages that would have been provided by the deceased, and pain and suffering not only for the family but also for what the deceased suffered before they died. In these cases, things like funeral and burial costs can be recovered as well.
Wrongful Death Claims Explained
When a loved one is killed in an accident (or for any reason), it can be extremely difficult to deal with. Emotions are high, and feelings of sadness, anger, and hurt are real as you cope with your loss. When something like this happens, you want to hold those accountable for the passing of your family member. The best way to do this is with wrongful death claims.
To be successful in a wrongful death lawsuit, the plaintiff must show that:
- Someone was negligent or intentionally behaved wrongly
- Their actions directly caused someone to die
- Damages were directly linked with the death
If these three things are proven, family members that are left behind may be awarded financial compensation through a settlement offer by the party that caused the death, their insurance company, or awarded by the court.
Types of Wrongful Death Cases
There are a few types of wrongful death cases that can occur. The following are some examples:
- Negligence – When someone was careless in their actions and caused harm to another and ultimately caused their death, the deceased’s family members can file a wrongful death claim based on negligence. In order to prove negligence, the plaintiff must show that the opposing party acted in a way or at a level that was below that of how a reasonable person would act. Cases of negligence can include slip-and-falls, car accidents, failure to warn others, construction accidents, defective products, and dog bites.
- Intentional – If someone purposefully hurt and killed another person, the family may file a wrongful death case based on intentional actions. Examples of intentional actions that caused death include murder and assault.
- Malpractice – Healthcare professionals are expected to behave and treat patients with a certain standard of care. If they do not follow this standard of care and it results in a death, a wrongful death lawsuit can be filed based on malpractice. In order to prove a malpractice claim, the plaintiff must demonstrate that the level of care was below the expected professional standard of care, and that any average reasonable person would have done.
Wrongful Death Compensation
While seeking compensation for losing your loved one won’t bring them back and make things all better again, it’s an important step. You want to hold those who have acted negligently or intentionally responsible for their poor actions.
The specific damages that can be collected depend on the situation. For example, if a father is killed in an accident, the spouse and/or children can seek financial and non-financial compensation, including:
- Medical bills
- Funeral and burial expenses
- Financial assistance that would have been provided by the deceased
- Pain and suffering for the loss of their spouse/father and the guidance and love they will miss now because their father is not available to them
- Pain and suffering for what their deceased father had to experience prior to his death
The list above is certainly not a complete list of possible compensation points, but an experienced wrongful death lawyer will help you through the entire process and let you know of all the things that you can seek compensation for. Filing a wrongful death suit is your opportunity to seek justice and make the parties responsible for your suffering accountable.
Wrongful Death Statute of Limitations
A wrongful death statute of limitations, or the date on which you must file a wrongful death claim, depends on the location of where the accident occurred. The statute of limitations in Texas is two years from when the accident happened. If you’re wanting to seek compensation for the loss of your family member and loved one, you have two years to file a claim (usually from the day your family member died). If you miss that date, you lose the right to bring a wrongful death claim to light.
Your Wrongful Death Legal Team
Wormington & Bollinger has the expertise to support you and your family through a wrongful death lawsuit and all that it entails. Our professional, yet compassionate way we take care of our clients makes everyone feel at ease and ready to secure the compensation they deserve for the loss of their loved one.
Wrongful death claims require focus, determination, and experience to prove. You want a team you can trust completely to fight for you and your family and obtain the most compensation possible. Contact Wormington & Bollinger to discuss your wrongful death case today.