Suddenly losing a loved one in an accident is a shocking and devastating experience for surviving family members. While a lawsuit or legal claim may take a backseat to the grief of loss, it is often an essential step to ensure just compensation for the monumental loss of another person’s life.
A caring and insightful Brazoria County wrongful death lawyer could provide valuable information, counseling, and representation in your wrongful death claim. Allow a compassionate attorney to help your family seek civil recourse.
What is Considered a Wrongful Death?
A surviving family member often files a wrongful death lawsuit to recover damages from the individual or individuals accused of negligent or malicious conduct that led to their loved one’s death. In many cases, a wrongful death claim stems from the same types of accidents that would give grounds for personal injury claims, had the person survived.
In a wrongful death case, a defendant is guilty under the law if the plaintiff can show that the defendant caused the death by a “preponderance of the evidence.” The surviving family must be able to prove the defendant’s negligent or malicious conduct resulted in the death of their loved one and that this death caused the family financial and emotional hardship. A Brazoria County attorney could help the surviving family prove their loved one’s untimely death was the result of another person’s negligence.
Available Damages for Surviving Family
In a wrongful death suit in Texas, damages are awarded to compensate the surviving family members and the estate for the losses they have suffered due to the untimely death. Financial damages may also be awarded to compensate for losses such as lost earning capacity, care, maintenance, assistance, support, advice, and counsel that the deceased would have supplied to his or her surviving family members. Additionally, non-economic damages may include coverage for mental and emotional misery, grief, and suffering, companionship, and comfort.
Punitive damages are offered in some wrongful death cases. When a wrongful death is caused by a purposeful act or omission or gross negligence, the court may award punitive damages. The goal of punitive damages is to penalize a wrongdoer and create a message that purposeful or excessively negligent behavior will not be allowed. Surviving family members of someone who passed away in an accident caused by another’s negligence should get in touch with a well-practiced lawyer in Brazoria County to ensure they are fairly compensated.
Seek Help from a Brazoria County Wrongful Death Attorney
Losing a loved one is always difficult, but it can be especially devastating when their untimely passing was the result of another person’s reckless or careless conduct. While financial recourse may not be at the forefront of your mind during this difficult time, it is important that your family acts swiftly. You have a limited time to file a claim seeking compensation from the responsible party.
A skilled and considerate Brazoria County wrongful death lawyer could help you seek the compensation you deserve. Call today to book a private consultation.