Losing someone is tragic and heartbreaking. Sadly, some have to deal with more than just the pain of losing someone. Some have to deal with the fact that it resulted from negligence, carelessness, or misconduct.
Dealing with something like this makes everything feel worse. That’s what wrongful death does to those left behind. It leaves a stain, and suing a doctor for this is only fair. The only thing to worry about is how to do that in Dallas, TX and how to do that right.
With something like this, it starts with finding an expert, like the people at Francis Firm. You can reach out to them by following the link— https://francistxlaw.com/practice-areas/dallas-wrongful-death-lawyer/.
While the truth may be on the victim’s side, the law doesn’t always side this way, making a lawyer essential. Read on to learn more.
What is a Wrongful Death Lawsuit?
The state of Texas civil law allows the immediate family of the person who passed to sue for wrongful death. This has to be done by first filling out a wrongful death claim. The folks left behind are allowed to demand compensation for everything they’re going through. Their emotional pain and the financial costs of this untimely death must be dealt with.
When it comes to wrongful death, Texas also has something called survival action. This is when the deceased person’s estate files a personal injury claim. It’s a little complex, but the goal of the estate is to pursue compensation. If compensation is awarded, the money will go to the estate, which can distribute it among the victim’s heirs.
Grounds for Filing
Texas law says that surviving family members can make this claim if they believe another party is responsible for their loved one’s death. This could be for all sorts of reasons, like negligence, unskillfulness, or maybe by default. Each situation is different, and a lawyer, an expert in Texas law, should look over what is filed.
A wrongful death could be the result of any of the following:
- Medical malpractice
- Defective product injuries
- Medical negligence
- Nursing home negligence
- Abuse of some sort
Who Can Make This Claim?
The state is pretty clear about who’s allowed to file this sort of claim:
- The spouse
- The children
- Surviving parents
- Representative of the victim’s estate
Other family members or romantic partners can’t file such a claim, no matter how much they might want to. Estate beneficiaries might include friends, romantic partners, and other family members if they were included in the will.
Steps to Take
The process starts with you talking to a lawyer. This kind of lawsuit is very complex. It needs to be someone that knows Texas law very well and is experienced with wrongful death suits. This must be started as soon as possible since surviving family members and estates only have two years from untimely death to file.
The death certificate needs to be obtained to make this claim. This can be obtained from the county clerk’s office or online from the Texas Department of State and Health Services.
A will is needed. In that will, an executor will be identified, and that person can file the suit if this is the route that’s going to be taken.
With the help of an attorney, helpful evidence must be gathered. This could include medical records, accident reports, pictures, and eyewitness accounts, just to name a few things.
The surviving members of the deceased will have to document everything they have suffered and lost because of this death. It must include work lost, funeral expenses, and everything else. Proper documentation is vital in a case like this. Even the deceased future income earnings need to be taken into account. All that lost income, unpaid bills, late payments, and fees associated with those late payments must be considered.
As mentioned earlier, a lawsuit like this one is quite challenging. Everything folks need to do and present should be done by an experienced attorney. A local attorney knows the laws in this state, which is vital.