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When negligent acts or product defects result in the death of a loved one, a wrongful death claim can be filed. Taking legal action to seek compensation for your losses can help you receive compensation from the insurance provider of the person or the business legally responsible for your harms.
After a loved one has been killed in an accident, the responsible party can and should be held responsible. No amount of money can replace your deceased loved one, however, holding the guilty party accountable offers some justice for your loved one and you, as well as deterring other injuries or deaths caused by someone else’s negligence or product defect in the future. Your loved one would certainly want to prevent others from suffering the same fate. In some cases, it is said that making a claim increases insurance rates for everyone else; I say that if policies are expensive, it is because of the act of carelessness or the manufacture of deficient products, which discourages wrongful conduct and lowers rates.
When Can a Wrongful Death Claim be Filed?
When another person or business causes the death of a loved one, an heir, and/or the legal representative of the estate may bring a wrongful death claim. It is the duty of the best wrongful death attorneys in Celina, Texas, to be that representative’s advocate. In order for wrongful death to apply, there needs to be a liable, or responsible, party. Two examples are provided below:
Negligence: The majority of wrongful death claims are based on negligence. That means the liable party was not trying to harm the victim on purpose but caused an accident by negligence on their part. Car accidents, for example, can often lead to wrongful death claims when one party is negligent, reckless, drunk, distracted (such as texting), speeding, changing lanes carelessly, etc.
Product Defects: A manufacturer who places a defective product into the stream of commerce, which then injures or kills someone due to the defect, is strictly liable for that death. Likewise, manufacturers must also provide adequate warnings to consumers about the dangers of the product, and if the manufacturer fails to do so, causing injury or death to consumers, then the manufacturer is strictly liable. Additionally, the manufacturer may be held liable for injury or death caused by a design fault, negligence fault, or warranty defect pursuant to the product’s warranty.
Wrongful Death Damages: The legal damages for the claimant’s losses in every wrongful death case are unique. In addition to the financial losses, emotional losses, and wages lost, there is also a loss of companionship, loss of love, affection, financial support, and loss of economic support. In general, the stronger the relationship was with the lost loved one, the greater the damage is. Children and parents are particularly harmed if they lose each other since they are losing a lifetime’s worth of love and support. It is possible to identify the damages you are entitled to with the help of a wrongful death attorney.
Statute of Limitations: There are a variety of statutes of limitations in Texas, potentially as short as six months. If the claim for damages is not filed within the applicable time after death, the claim will be denied, and the loved ones will not be entitled to any compensation. A claim filed as soon as possible has a greater chance of being successful in a settlement.
Do not hesitate to contact DB Hill Law for a consultation with the best wrongful death suit lawyers in Celina, TX if you have been impacted by a wrongful death. We can guide you through the process of filing your wrongful death claim and helping you recover from the losses and harms you suffered.