It is always a difficult thing to lose a loved one. It becomes all the harder to process when a death is the result of someone else’s negligence or misdoing. In Corpus Christi, Texas, wrongful deaths from preventable incidents remain a serious concern, with the Texas Department of State Health Services reporting over 4,200 accidental deaths statewide in 2022, many involving negligence or preventable circumstances. Wrongful death lawsuits provide a legal avenue for family members who survive the loved one to pursue justice, as well as compensation.
The following article is a general introduction to wrongful death claims, how they work, and what compensation you may be entitled to. If you’ve lost a loved one due to someone else’s negligence, Corpus Christi wrongful death lawyers can provide the guidance and support needed during this difficult time. Let’s explore the key elements of wrongful death lawsuits.
What Constitutes a Wrongful Death?
When a person dies because of the negligent or intentional actions of another party, it is considered wrongful death. They can be a result of medical malpractice, car accidents, and defective products. As it turns out, the most fundamental component here is the presence of negligence or wrongful conduct resulting in the death. If you are someone who is contemplating going to court, you need to understand this basis.
Who Is Eligible to Bring a Wrongful Death Claim?
Immediate family members can often bring a wrongful death claim. This demographic primarily consists of spouses, children, and occasionally parents. In some regions, one can also file under other dependents or extended family. This classification will allow the right people to pursue justice for the loved one they lost. Legal representation can help you in this regard to help you determine whether or not you are eligible, and that can go a long way here.
The Legal Process
The process of filing a wrongful death lawsuit involves several steps. First, the plaintiff must show that the defendant caused the death. It often requires proof of negligence or intentionality. Building the case simply by obtaining medical records, eyewitness accounts, and expert testimony can help to make the case.
The next step in the process is filing the lawsuit in court. According to the National Center for State Courts, civil cases involving personal injury and wrongful death can take anywhere from several months to years to resolve, depending on case complexity and court schedules. The litigation can be long and drawn out, usually involving negotiations and, at times, even a trial. Your family needs the support and guidance of an experienced attorney to make sure this complicated process runs smoothly.
Types of Compensation Available
The focus of compensation for a wrongful death is to pay for any economic and non-economic loss. For instance, economic damages typically include medical bills paid before death, funeral expenses, minimum support, and loss of income or benefits. Such direct losses are measurable; they can be very easily converted into monetary value.
On the other hand, non-economic damages focus on the non-economic characteristics of loss. Such damages are often for pain and suffering, loss of companionship, and emotional distress. Though more subjective, these damages acknowledge how devastating a wrongful death can be with respect to a family’s emotional well-being.
Factors Influencing Compensation
There are many factors that can influence the amount received from a wrongful death trial. Factors may include the age of the deceased, their income-generating capacity, and their health. There is also regard to how negligent the driver was and what circumstances led to the death of the deceased. Every case is different, and many variables exist that determine what compensation is ultimately awarded.
The Importance of Legal Representation
For grieving families, navigating the legal system can be a challenge. A competent attorney ensures that the case is handled formally. They will be able to advise the family, gather the required evidence, and represent their interests in court. Having a competent attorney on board typically leads to the most favorable outcomes.
Challenges in Wrongful Death Claims
There are a number of difficulties with wrongful death lawsuits. Because of this, proving negligence or intent sometimes requires extensive investigation and concrete evidence. Legal proceedings can also take a lot of time and be emotionally draining. And this highlights the importance of professional legal help, as families need to be mentally prepared for the hardships involved in legal fighting.
Conclusion
The litigation of wrongful death cases allows families to obtain justice and monetary compensation for the death of a loved one. It is important to understand the basics of these claims, including who can file and what type of compensation you can receive. A legal professional guides you through a process that can be lengthy and draining. Families can achieve some degree of closure and ensure that culpable parties are brought to justice by taking the right steps.