The death of a loved one is traumatic, but the situation becomes even more difficult when someone else’s negligence plays a role in the death. When that happens, a wrongful death lawsuit is possible.
It’s critical to understand a few points about wrongful death claims so you can ensure you’re doing the best thing for your situation.
Specific elements must be present
Wrongful death claims require specific elements. These include:
- The death must have been a human
- The negligent party must have had a duty of care to the defendant
- Harm must have occurred because of negligence or intent
- Loved ones must have suffered damages
All four of those points must be met for there to be a valid claim for compensation.
Economic and non-economic damages are possible
Damages in wrongful death claims are categorized as economic and non-economic. Economic damages are ones, such as the cost of funerals and future loss of income. Non-economic damages include things like loss of consortium or companionship.
Victim’s age is a factor
The method of determining certain types of compensation is based on the age of the victim. It’s often more difficult to come up with loss of future earning capacity for children since it’s not known yet what they’ll do. There are also special considerations for elderly victims.
In Texas, you only have two years to get a wrongful death claim filed. Working with someone who can help you work through the legal process is beneficial because this provides you with the chance to deal with the loss while they handle the work for the claim.