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Do you have grounds for a wrongful death claim?

Aug 31, 2021 | Personal Injury

Losing a loved one can be a stressful and overwhelming time for a Texas family. The tragic loss of a family member can leave you and others left behind with grief and emotional pain, as well as various types of complications and financial loss. If the accident or incident that claimed the life of your loved one was the result of the negligent or reckless actions of another person, you could have grounds for a civil claim.

A wrongful death claim is not necessarily an option in every situation involving an unexpected death. However, if there are certain elements present, you could have a valid claim. Your family is navigating a complex time, but it may be in your interests to explore all of the legal options available to you. These claims are time-sensitive, and your quick action could be important.

Elements of a wrongful death claim

In order to bring a wrongful death claim, you must have evidence and documentation to validate your claim. If certain elements are not present, you will likely not be successful in your pursuit of compensation. Your family must also appoint someone to act as representative of the estate in order to file a claim. After that, the following elements must be present:

  • Documentation that proves there was a death of someone connected to you
  • Evidence the death was the result of the actions or negligence of another person or party
  • Proof that the death has resulted in financial loss for loved ones left behind

The amount of damages and compensation you could pursue depends on the details of your individual situation. For example, you may be able to seek damages for loss of income if the deceased was a critical income provider for your home. It may also be appropriate to seek compensation for medical bills, ambulance costs, funeral expenses and more. When calculating damages, it is important to consider how the loss affects you long-term.

Moving forward

It may seem impossible to pick up the pieces and move forward after an unexpected and devastating loss. While no amount of compensation can bring back your loved one, you may find that it provides your family with support and stability during a difficult time. If you are unsure that you may have a valid claim, an assessment of your case can help you understand the legal options available to you, according to the specific details of your case.