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Losing a loved one is incredibly challenging, perhaps even more so if the incident is caused by the negligent actions of another individual or entity. At Bonilla Law Firm PLLC, our compassionate and experienced team is here to help those who have lost a loved one too early. Our Cedar Park wrongful death lawyer is standing by look into your case and determine the best steps moving forward toward securing justice and compensation on your behalf.
Wrongful death claims can arise in a wide variety of ways. In Texas, wrongful death applies to a fatality that occurs due to another individual or entity’s “wrongful act, neglect, carelessness, unskillfulness, or default,” and the injured individual would have been able to file a personal injury lawsuit against the at-fault party had they lived.
These claims can occur as a result of:
Additionally, Texas allows wrongful death civil claims to arise in the event a person’s actions lead to an injury that causes a fetus’s failure to be born alive.
Who is allowed to file a wrongful death lawsuit is entirely dependent on state law. Different states have separate requirements for these situations, but under Texas law, the surviving spouse, children, or parents of the deceased, or one or more of those individuals on behalf of the rest, are allowed to file the wrongful death claim.
In the event the surviving spouse, child, or parent fails to file a wrongful death claim within three months from the date of death, the personal representative of the deceased’s estate is responsible for filing the claim, and they may do so unless all of the family members allowed to file originally request that the wrongful death ask that the claim not be filed (Tex. Civ. Prac. & Rem. Code § 71.004 (2023).
If you have any specific questions about whether or not you or a family member are allowed to file a wrongful death claim or are confused about the role of a personal representative during this part of the process, please reach out to your Cedar park personal injury attorney as soon as possible. An attorney will be able to answer these questions for you and help guide you and your loved ones on the path toward the closure you need.
Family members of the deceased, typically the surviving spouse, children, or parents, may be able to recover various types of compensation as a result of a successful wrongful death claim in Cedar Park. This type of compensation includes, but is not limited to, the following:
There is no set amount of compensation paid to wrongful death plaintiffs in Texas. Rather, various factors will be taken into consideration. These factors include the age of the deceased at the time of their death, the life expectancy of the deceased, the type of job and income the deceased had, future potential earning capacity of the deceased, and more.
In the state of Texas, individuals eligible to file wrongful death lawsuits on behalf of a loved one must do so promptly. The wrongful death statute of limitations is two years from the date of the person’s death (Tex. Civ. Prac. & Rem. Code § 16.003 (2023). Failing to file a lawsuit against the alleged negligent party within this two-year time frame will likely mean that the family members and the estate become unable to recover any compensation for their loss.
We encourage you to reach out to a skilled wrongful death attorney as soon as possible so that your claim gets filed on time and properly. In addition to the statutory wrongful death timelines involved, any insurance carriers will also have their own reporting deadlines to keep in mind, and missing these deadlines could delay the claim.
Wrongful death claims are immensely complicated, and there will inevitably be well-funded defendants on the other side that you have to go up against in order to secure closure and compensation. When you have a wrongful death lawyer in Cedar Park, you have an advocate ready to step in and handle every aspect of the claim on your behalf. Some of the aspects of an attorney’s job with a wrongful death claim include:
As a grieving family member or loved one (or the personal representative of an estate), you have to focus on other aspects of losing a loved one. Your legal representative will handle the case on your behalf but will keep you up to date on any changes that occur.
If you have lost a loved one due to the negligent actions of another company or individual in Cedar Park, reach out to the team at Bonilla Law Firm PLLC for help today. We understand how challenging this is for you and your family. We want to investigate what happened not only to provide compensation for your family’s loss but also so your loved one can receive justice for what happened. When you need a Cedar Park wrongful death lawyer, contact us at (512) 515-9411 or complete our online contact form.