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If your loved one has been killed in a sudden accident, this can be extremely difficult. Losing your loved one can be even more tragic if it was caused by the wrongdoing or neglect of another party.
A Corpus Christi wrongful death attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can analyze the details of your wrongful death case and help you pursue the compensation your family is entitled to. Together, we can hold the right people accountable for their actions.
Understanding Corpus Christi Wrongful Death Cases
In Texas, a wrongful death case happens when a person is injured, and it leads to death. It can also refer to injury that prevents a fetus from being successfully born alive. Such injuries must be a result of another party’s neglectful, careless, unskilled, or wrongful actions. In such lawsuits, the deceased individual would have otherwise been entitled to file for compensation under a personal injury lawsuit.
As wrongful death cases occur under the umbrella of personal injury, they can be caused by a variety of accident types, including defective products, car accidents, plane crashes, and workplace injuries. Wrongful death cases can also be pursued for intentional acts, such as homicide crimes. Such lawsuits are civil lawsuits, which can be pursued in addition to any criminal lawsuits that may be brought forward by the government.
How Can I Prove Negligence in a Wrongful Death Case?
To successfully have your wrongful death claim accepted, you will need to show that the liable party’s wrongful or negligent behavior was directly linked to your loved one’s death. By showing the following factors, you can prove negligence and hold parties responsible for their actions:
- Duty of care. You will need to show the liable party had a duty of care to the wrongful death victim. For example, a driver has a duty to follow local and state traffic laws when they are on the road to keep the people around them safe. Additionally, a doctor has a responsibility to provide high-quality care to their patients.
- Breach of duty. After proving that a duty of care was present, you will need to show that this duty was ultimately breached through negligent or wrongful behavior. Examples can include failure to give adequate medical treatment to patients, driving under the influence of alcohol or drugs, or failing to adequately maintain private property to be safe for occupants.
- Causal link. You will need to show the causal link between the liable party’s breach of duty and the wrongful death victims. This means that you will need sufficient evidence to show that the defendant action or inaction was directly linked to the death of your loved one.
- Injury and damage. The final step to proving their client’s injury and damage in a wrongful death case involves showing evidence that damage was incurred as a result of the loved one’s death. Examples of damages incurred include emotional suffering and financial losses of the surviving family.
By working with a compassionate Corpus Christi wrongful death attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, you can get adequate assistance with collecting robust evidence to build up your wrongful death case. They can help you collect witness statements, expert testimony, and police and medical records to prove the negligence of the liable party and secure adequate compensation for your loved ones.
What Can I Receive Compensation for in a Corpus Christi Wrongful Death Case?
Wrongful death cases are extremely emotional, and having to deal with bureaucratic processes and systems can add even more strain to the situation. While no amount of compensation can ever make the situation right, it can help ensure that your family is adequately covered financially in the wake of your loved one’s death. More importantly, it can help you hold the right parties accountable for their wrongful or neglectful actions.
A Corpus Christi wrongful death attorney can help you recover critical compensation to cover the following losses:
- Lost income. Compensation can cover the loss of financial support and associated benefits your family would have received had your loved one been alive and working. This can be particularly difficult for families that are financially dependent on the victim. An experienced Corpus Christi wrongful death attorney can help adequately calculate a fair and reasonable amount that reflects lost income and benefits.
- Support for lost labor. After an accident victim dies, they are no longer able to contribute certain unpaid labor to the household. Compensation packages can, therefore, cover expenses for paying for tasks they normally would have contributed to the family, such as driving, cooking, helping children with homework, going to the store, and cleaning.
- Mental anguish. After losing a loved one in Corpus Christi to a wrongful death accident, survivors of the victim can face significant mental pain and anguish as a result. They can be paid out for these non-economic damages.
- Loss of companionship. Survivors of wrongful death victims can receive financial compensation for the loss of comfort, love, and companionship.
- Funeral and burial expenses. A wrongful death settlement amount can help surviving families cover any expenses they may have had related to celebrating the life of their loved one, as well as the burial or cremation of their body.
- Medical treatment expenses. A wrongful death compensation package can also cover the overwhelming cost that can be associated with medical treatment before a loved one’s death. This includes skyrocketing hospital bills and emergency services. Such financial support can ensure a family does not suffer financial hardship from healthcare expenses related to the medical treatment of their loved one prior to their death.
- Loss of inheritance. Depending on the case, some families may be able to get compensation for the loss of money they would have inherited had their loved one been alive to collect and save such financial resources. An experienced wrongful death attorney can help you understand whether this could be an option for your family.
In certain cases, punitive damages or exemplary damages can be charged on behalf of a Texas wrongful death case victim. Such damages are not intended to compensate the family of the victim and are instead meant to punish the perpetrator for their wrongful or malicious behavior.
Who Is Able to File a Wrongful Death Lawsuit in Corpus Christi?
According to Texas law, the people who are allowed to file a wrongful death claim include the spouse, children, and parents of the deceased person. One or more of these close family members can file a lawsuit on behalf of everyone. If one of these people does not file a wrongful death claim within a certain amount of time, an administrator of the estate or a personal executive will need to file the claim.
If you have lost a loved one due to a wrongful death case, an experienced Corpus Christi wrongful death attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can help you understand who is eligible to file a claim in your case.
Whether your loved one has already appointed an estate administrator, or if you are having difficulty agreeing within your family on who should file the wrongful death claim, a knowledgeable attorney from our firm can assist you with managing your challenges.
Understanding the Difference: Wrongful Death Versus Survival Action
Both survival actions and wrongful death cases are related to personal injury cases that resulted in the death of a victim. Generally, a wrongful death suit is available for loved ones to be compensated for the costs accumulated after their loved one has passed away. On the other hand, a survival action helps pay for damages that are accrued between the time of the victim’s injury and the time of their death.
Wrongful Death Action in Corpus Christi
A wrongful death lawsuit gives compensation to the deceased person’s loved ones. This money is meant to compensate them for any costs incurred because of their loved one passing away. In a wrongful death case, survivors can typically receive compensation to cover the financial support that they would have received if their loved one was still working and contributing their unpaid labor to the household.
Texas Survival Action Lawsuits
A survival action lawsuit is filed in order to compensate money for the deceased individual. Any survival action lawsuit is filed for the deceased victim by their loved ones. For example, if an individual is injured in a car accident one month before their death, they can be compensated for the pain and suffering they experienced during this time, as well as any medical bills that may have accumulated.
How Long Do I Have to File a Wrongful Death Case in Corpus Christi?
In Texas, the amount of time a person has to file a deadline for a personal injury case is otherwise known as the statute of limitations. The typical statute of limitations for wrongful death cases is two years from the day that the person dies. This means that if you do not file your case within the time limit, you may not be eligible to pursue compensation on your loved one’s behalf. To understand the deadline for your case, it is critical to work with a lawyer.
What Should I Do if My Loved One Has Died in a Wrongful Death Accident?
Losing a loved one to a wrongful death accident is emotionally damaging and can take years or even a lifetime to recover from. After getting the news that you have lost your loved one to a wrongful death accident, it can be unclear what steps to take. By working through the following steps, you can work to heal from the tragic accident and hold the responsible parties accountable for their behavior:
- Contact a wrongful death lawyer. Get in touch with legal support as soon as you can in order to begin discussing your case. They can immediately give you guidance regarding your legal rights, helping you build up your case to hold negligent parties accountable for their actions. They can also provide general administrative support by walking you through the claims process.
- Collect evidence. You will need to preserve any evidence that is related to the death of your loved one, including communication with potentially liable parties, medical records, accident reports, and video footage. A lawyer can assist you with collecting hard to find evidence.
- Do not rush to settle. After wrongful death cases, insurance companies will try to settle quickly on an amount that is less than what you are entitled to. It is important to consult with an experienced Corpus Christi wrongful death attorney before settling on an amount with an insurance company. By working with legal counsel, you can recover the amount your family is entitled to.
- Seek emotional support. By hiring experienced legal counsel, you can free up time that you otherwise would have spent on legal and bureaucratic processes to focus on emotional healing. Use this time to build up and leverage your support network of family and friends. Consider seeing a grief counselor or leveraging psychosocial resources to work through this extremely challenging time.
The compassionate legal team at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner understands how devastating a wrongful death case can be. Therefore, we are here to make the process as straightforward and seamless as possible so that you can focus on your emotional healing as well as your family’s. We are ready to work with you to obtain the compensation amount you’re entitled to and hold responsible parties accountable for their actions.
Get the Financial Support Your Family Deserves With a Corpus Christi Wrongful Death Attorney
As wrongful death cases are emotionally devastating, it can be difficult to understand what steps to take after tragically losing a loved one. A compassionate and experienced Corpus Christi wrongful death attorney from Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is here to assist your family during this difficult time.
Together, we can work closely with you to pursue optimal compensation to ensure your family continues to receive critical support and hold liable parties responsible for their actions. Contact us today to start discussing your case.
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