Richmond Wrongful Death Attorney
The loss of a loved one because of an accident can be devastating to family members psychologically, emotionally, and financially. Bills can pile up quickly after a fatal accident, causing even more stress and grief on top of the original loss. While money can never make up for the passing of a family member, securing compensation through a wrongful death action can alleviate some of the burdens caused by a fatal accident. The Richmond wrongful death attorney at The West Law Office has represented the interests of many families who have lost a loved one in an accident and will zealously advocate for the compensation you deserve. Call the office or contact us today to schedule a free consultation.
What is Wrongful Death?
Under Texas law, wrongful death is defined as the wrongful act, neglect, carelessness, unskillfulness, or default of one party that causes the death of another. A wrongful death lawsuit can be filed for any accident or intentional act that causes the death of a loved one. To think of it in another way, had the victim of the fatal accident survived they would have been able to file a personal injury claim against those responsible.
It is also important to note that criminal charges do not have to be filed in order to make a claim for wrongful death. While a criminal conviction is compelling evidence, a wrongful death case takes place in civil court and has a lower burden of proof than criminal court to win compensation for the loss.
Who Can File a Wrongful Death Lawsuit?
Only certain people are allowed to file a wrongful death case, and they must do so within a certain window of time. Texas law allows the spouse, children, and parents of an accident victim the ability to file a wrongful death claim. Legally adopted children and parents are also allowed to file a claim for wrongful death, but siblings are not allowed under the state law. If the lawsuit is not filed within three months of the date of death, the victim’s personal representative for their estate is allowed to file a claim unless a specific request is made not to do so. The family of the deceased has two years under state law to file a claim, known as the statute of limitations, for wrongful death.
Compensation for Wrongful Death Claims
Compensation for wrongful death claims includes economic and noneconomic damages associated with the loss. Economic damages include payment for all final medical bills, funeral expenses, and burial expenses. Noneconomic damages compensate the family for emotional distress, pain and suffering, and for the loss of love, support, guidance, and counsel of the victim.
Call or Contact The West Law Office Today
The death of a family member in an accident is a tragic experience that you do not have to navigate on your own. If you would like to learn more about your legal options after the loss of a loved one in an accident, call or contact The West Law Office in Richmond today to schedule a free case consultation.