Few things in life are more difficult than losing those you hold dear. Without the support of your loved one, you may find it difficult to move on with your life. Losing a loved one can be more challenging when you believe another person or party is responsible. It’s normal to feel the frustration in these moments.
Pursuing a wrongful death claim could offer you some semblance of closure. As lawyers, we’re fully aware of the fact that no financial recovery can bring your special person back. However, a settlement could ease many of the financial challenges associated with your case. Our firm’s Amarillo wrongful death lawyer can advise you on this process.
What Damages Can Wrongful Death Claimants Receive?
Wrongful death claimants (those pursuing a lawsuit or insurance claim) can receive several damages. These damages slot into two categories, economic and non-economic damages.
Economic damages deal with the financial challenges of losing a loved one. They include:
- Funeral expenses
- Burial costs
- Medical expenses, if applicable
- Loss of familial earning capacity
Non-economic damages, while complex, are arguably more important in a wrongful death case. These damages allow you to receive an additional recovery based on the shock, trauma, and grief you experienced after losing your loved one.
Loss of consortium is central to non-economic damages. This type of damage refers to your loss of:
- Shared love with your partner, if applicable
The valuation of wrongful death cases varies. However, these cases tend to involve more considerable financial recoveries than standard personal injury cases. Wrongful deaths focus on grievous losses, a fact settlements often reflect. Keep in mind that the outcome of insurance negotiations, or a lawsuit, can also alter the valuation of a settlement.
Who Can Pursue a Wrongful Death Case?
Texas law limits the pursuit of wrongful death cases to three parties:
However, it’s also possible for the executor of a can to pursue a wrongful death case in some situations. A wrongful death lawyer serving Amarillo can advise you on the specifics of this law and how it may apply to your case.
What Qualifies as a Wrongful Death Case?
You could have a case if you believe that another party’s negligent behavior caused the loss of your loved one. Our team has supported clients through wrongful death cases involving these types of accidents:
- Medical malpractice
- Automotive accidents
- Slip and fall accidents
- Workplace injuries
- Truck accidents
Remember, this list doesn’t account for every scenario that could involve wrongful death. Our lawyers serving Amarillo can explain the specifics of case eligibility to you.
Liability in a Wrongful Death Case
Liability is a crucial element of wrongful death cases. To receive a financial recovery, you must prove that the actions of another party led to you losing your loved one. Given the breadth of situations involving wrongful death, the at-fault party can vary from case to case.
Establishing liability entails multiple steps. First, our wrongful death lawyers can review any evidence relevant to your case. This may include:
- Medical records and other examples of expenses associated with your case
- Footages or images of the accident scene
- Statements from accident witness
- Expert testimonials
- Other types of evidence that could be used to build your case
Then, we can use this evidence to build your case. The final goal of a wrongful death case is to establish the presence of the four elements of negligence. They are as follows:
- Duty of care: A duty of care holds a range of parties responsible for keeping those around them safe from harm. For example, doctors, drivers, and product manufacturers must abide by this duty. In wrongful death cases, the duty of care is typically given.
- Breach of duty: A breach of duty is a lapse in the duty of care, usually taking the form of negligence. In a roadway accident, speeding, drunk driving, and ignoring roadway rules are considered breaches of duty.
- Causation: There must be a clear link between the alleged breach of duty and the accident that caused the passing of your loved one.
- Damages: Damages, like the duty of care, are usually evident in a wrongful death case. It’s difficult to disprove that a wrongful death didn’t harm the loved ones of those involved in the case. However, this portion of negligence also involves closely tallying damages to make an argument for specific financial recovery.
We Can Pursue a Financial Recovery
Once liability has been established, the next step is pursuing financial recovery. These efforts usually come in one of two forms.
Insurance claims are usually more common than lawsuits. This is because most liable parties involved in wrongful death cases, like drivers, carry insurance. We can communicate with insurers on your behalf, allowing you to spend more time supporting your family.
We’re prepared to file a lawsuit if an insurance claim isn’t an option. We can advise you on this process to prepare you for the courtroom. We can also act as your legal representative.
Compassionate Care for Wrongful Death Victims
We care deeply for our clients and are proud to represent those dealing with losing a loved one. This tendency towards compassion extends to our legal approach. We’re committed to making your life easier, not harder. To do so, we can provide you with these perks:
- Simple answers to your complex questions
- Assistance with finding a doctor, regardless of your insurance status
- Consistent case updates
- Accessibility, we answer the phone 24/7
- Free case evaluations
The Clock Is Ticking on Your Wrongful Death Case
Under Texas law, wrongful death claimants typically have two years to file a lawsuit. If you get started on your case as soon as possible, we’ll have more time to build and gather evidence.
That said, you must take your time to grieve. Worrying about deadlines isn’t conducive to recovering from a trying time. To help decrease these worries, we can manage your deadlines on your behalf – our job is to make things as simple as possible.
Contact our offices for a free case evaluation today.