The decision to file a wrongful death lawsuit is never easy. After a loved one has passed away, it can be incredibly difficult to revisit a traumatic incident that could have been prevented. However, where an individual or organization was at fault due to negligent or reckless actions, a wrongful death claim can hold those at fault to account. At Lucé Law, PC in McKinney, we regularly provide advice and representation to families looking for an understanding of a wrongful death lawsuit.
Understanding How a Wrongful Death Lawsuit Works
A wrongful death lawsuit is a way for relatives of a deceased person to seek damages where the loss of life could have been prevented. Each individual case will vary due to the many acts of carelessness or misconduct that can result in death. For example, reasons for a lawsuit could include dangerous driving, defective products, construction site accidents, fatal injuries caused by weapons and many other causes.
The process for filing a wrongful death lawsuit can take time, as your attorney will need to conduct a thorough investigation. With some exceptions, a lawsuit will need to be filed within two years of the individual’s death. Therefore, it can be beneficial to speak with an attorney as soon as you feel ready.
Can I File a Wrongful Death Lawsuit?
Sadly, the loss of a loved one can impact a large number of people. However, wrongful death claims are usually restricted to just a small number of people. In Texas, the individual’s spouse, children or parents can file a lawsuit, with the option to file jointly or separately. This group also includes adopted children.
In addition, a claim can be brought by the representative of the deceased individual’s estate. This process is called a survival claim, where the aim is to gain compensation for the pain and suffering the deceased person experienced. The damages will be paid to the deceased person’s estate, and managed according to their stated wishes. In many ways the process is similar to a personal injury lawsuit, but sadly in these cases, the person involved in the accident has passed away.
Which Parties Are Most Wrongful Death Lawsuits Filed Against?
While the number of people eligible to file a lawsuit is often relatively small, defendants in a trial will come from a wide variety of occupations. Some frequently occurring examples of people or organizations you would file a wrongful death lawsuit against can include the following.
- The drunk or dangerous driver of a car, motorcycle or truck
- A product manufacturer
- An employer or co-worker
- A property owner, and so on
Wrongful Death Attorneys Serving McKinney and Across North Texas
If you are considering filing a wrongful death lawsuit in North Texas, Lucé Law, PC is here to help. Our experienced team led by Joe Lucé can represent you throughout your case and fight to secure the damages you deserve. For assistance, call (972) 632-1300 or request a free legal consultation today.