Texas families may be eligible for compensation after a relative passes away in an accident
Houston, TX – When someone is injured in an accident, there are times that the victim passes away from the harm caused. The civil law allows special remedies for the victim’s family, even when the person is no longer around to bring the case on their own.
Lawsuits after a fatal accident
A wrongful death lawsuit is similar to most other personal injury lawsuits tied to severe losses. One of the victim’s family members will stand in as the plaintiff, and they can bring a case for damages related to medical and hospital bills, emotional pain and trauma, funeral and burial expenses, and the value of the deceased person’s future income and the lost value of their services. These amounts can add up quickly, because the defendant will essentially be financially responsible for most things that the person could have accomplished if they had lived.
Time limits on claims for damages
The wrongful death claim has a shorter statute of limitations than most other civil cases, which is why it is important for a victim’s family to act quickly. The case must be filed within two years of the date that the victim passes. If the action is not brought within this time frame, the lawsuit cannot be brought at all and there is no opportunity for compensation.
The Texas statute for civil claims related to a deceased relative
Families in the Houston area who are interested in this process will have to utilize the Texas statute that allows them to bring a case on the relative’s behalf. It will normally be a surviving spouse, child, or parent that formally brings the action. The defendant is liable if the death was found to have been caused by their carelessness, wrongful act, neglect, lack of skill, or default.
Because there are so many factors related to what a person did while they were alive or what they could have accomplished, it is best to get an estimate of damages only after speaking with a lawyer. The person’s annual income multiplied by the number of years that had remaining until retirement is one way to calculate their future lost wages. There may also be ways to estimate the costs of a typical funeral and burial services in the area to determine those damages. Non-economic damages related to emotional pain and suffering are much more intangible, and the attorney for the plaintiff has room to argue in this area.
Speaking with a local firm
There are attorneys who can give more advice related to how civil lawsuits can be filed and pursued. Blizzard Law is available to help local clients in the Houston area.
Firm contact info:
5020 Montrose Blvd., Houston, TX 77006
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