If you have a family member who passed away due to an accident, you or another immediate family member could have grounds to file a wrongful death claim. Contact a Pearland wrongful death lawyer to discuss your situation. A seasoned civil attorney could explain your rights and help you move forward with your case.
Grounds for a Wrongful Death Claim in Pearland
Wrongful death cases in Pearland are negligent incidents that result in a person’s death. According to state law, death caused by carelessness, ineptitude, neglect, recklessness, or default of another party can qualify as wrongful death.
Common causes of an untimely death include:
- Motor vehicle accidents
- Medical malpractice
- Slip and falls
- Workplace incidents
- Defective products
- Criminal acts
An attorney in Pearland can help the surviving loved ones file a wrongful death lawsuit if they have a valid claim. Then, the legal representative can work with the claimants to pursue compensation for damages.
Proving Liability for an Untimely Passing
A variety of factors determines whether or not damages will be awarded to a plaintiff in a wrongful passing case. However, if you or your local attorney can prove that a negligent act caused your loved one’s death, the chances of you winning their lawsuit increase exponentially.
To prove negligence in a wrongful death case, legal professional must present evidence of the following:
- The liable party failed to perform a duty that was expected of them in a safe and thorough manner
- Their failure to perform their duty directly harmed or caused an incident that harmed the deceased and led to their death
- The death would not have occurred had the liable party performed their duty as expected
- Surviving loved ones suffered financial and emotional damages because of the death
A reputable wrongful death attorney in Pearland could thoroughly investigate the case and gather evidence to negotiate a fair settlement.
Who Can File Wrongful Death Claim?
Not just any loved one can submit a wrongful death claim in Texas. The decedent’s spouse, parents, children, and occasionally other dependents are the only family members legally permitted to file on behalf of the decedent. Siblings are not eligible to submit such a claim.
Texas residents have limited time to file a wrongful death claim. It must be filed and submitted by an eligible family member of the decedent no later than two years after your loved one’s death.
In rare cases, exceptions may apply, but those who wish to submit a claim should do everything in their power to file before the statute of limitations runs out. A untimely death attorney in Pearland could help family members who are unsure if they are still within the eligible time frame to file.
Reach Out to a Pearland Wrongful Death Attorney Right Away
A Pearland wrongful death lawyer knows the emotional toll that losing a loved one can take. They could assist grieving family members with filing a lawsuit, investigating the case, compiling evidence, and negotiating a settlement. If you are ready, contact a qualified legal representative today. We are here to help.