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Can I File A Wrongful Death Lawsuit?

Thursday, February 23rd, 2017
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Losing a loved one is a difficult experience. When the loss is tied to the negligence of another party, the devastation may be heightened. If you lost a loved one to a car wreck or other accident caused by another party, you may be able to file a wrongful death lawsuit. If you are in this situation, it is important to know the types of wrongful death lawsuits and who qualifies to file. You should also understand what damages can be recovered and how to get the help of an attorney.

Types of wrongful death lawsuits

Wrongful death lawsuits may be filed due to a variety of unique situations. The most common claims involve motor vehicle and work related wrecks. If your loved one was killed on the job, you may be able to pursue a claim against the responsible party. This claim would be in addition to a worker’s compensation claim. The workplace must have failed to maintain safety requirements in order for you to file against them in this type of situation.

Car wrecks may result in a wrongful death lawsuit as well. If someone dies in a car wreck because someone ran a red light, a wrongful death lawsuit can be filed against the driver who violated the law. It is important to consult an attorney regarding your unique situation to know if you can file a wrongful death lawsuit.

Who qualifies to file a wrongful death lawsuit?

State laws vary as to who is eligible to file a wrongful death lawsuit. These types of claims are typically brought by a close family member. Texas allows eligible beneficiaries of wrongful death lawsuits to include children, spouses, and parents of unmarried children. To determine if you are eligible to file a claim, consult an experienced attorney about your circumstances.

What damages are recoverable?

No amount of money can bring your loved one back, but filing a wrongful death lawsuit allows you to recover financial compensation for damages. The following recoverable damages depend on the laws of the state where you file the lawsuit.

The first is economic damages, which includes things like funeral expenses, medical costs related to the death, and loss of the deceased’s earnings.

The other two categories are non-economic damages and punitive damages. Noneconomic damages include factors that have less of a tangible value. Pain and suffering, loss of inheritance, and mental anguish fall into the category of non-economic damages. Punitive damages are often awarded in addition to economic or noneconomic damages. This category is used as a way of punishing a liable party for their negligent acts.

Consulting an experienced attorney

If you have lost someone in a car wreck and you are not sure if you can file a claim, consult a professional attorney. Be aware that the amount of time you have to file a wrongful death lawsuit varies by state. Contact Attorney Dean Boyd if you need help with your wrongful death lawsuit. Call us today at (806) 242-3333 or Contact Us by email to learn more about our services. You can also visit our office at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas for more information about how we can help you.