The emotional toll of losing a family member can be extraordinary. However, while the emotional pain associated with such a loss may be expected, few consider the financial hardships that may also come with an unexpected loss. A compassionate personal injury lawyer may be able to assist you in your recovery.
If you believe the death of a loved one occurred due to the negligence of another person, you may be eligible for financial compensation. A Celina wrongful death lawyer may be able to fight on your behalf and that of your family.
Texas law outlines who may seek damages in a wrongful death lawsuit. Per Texas Civil Practice and Remedies Code §71.004, the only people permitted to file such a lawsuit are the parents, spouse, or children of the deceased.
The law grants these individuals three months to begin legal action. After this period, the executor of the estate can begin a claim on behalf of the deceased.
The parents, spouse, or children of the deceased must permit the executor of the estate to file a civil lawsuit. If these individuals do not consent, the executor would lack the authority to move forward with a claim. A Celina wrongful death attorney might be able to assist the family or the executor in filing claims and fighting for damages in court. For more information, contact an accomplished attorney.
Wrongful deaths can have tremendous impacts on the survivors of the deceased. Therefore, several protections are cited in Texas law to help protect the interests of loved ones who experience and suffer from such a tragedy.
Tex. C.P.R.C. §71.0009 entitles survivors of the deceased to seek exemplary damages from the grossly negligent party. Exemplary damages aim to punish the defendant for gross incompetence or negligence. These are also known as punitive damages.
In some cases, the direct family may not be ready to sue the responsible party. Tex. C.P.R.C. §71.004 establishes three months for the bereaved to file a wrongful death claim. After three months, the law allows for the executor or administrator of the deceased’s estate to sue for the wrongful death as a representative of the deceased.
Following an unjust death, family members may be in financial distress, but fortunately Tex. C.P.R.C. §71.011 protects the family from predatory behavior on the part of collection agencies. If the court awards damages to the plaintiff in a wrongful death suit, debtors of the estate may not take those funds to settle outstanding debts. A wrongful death lawyer in Celina could further explain these and other protections for survivors.
The wrongful death of a loved one can cause serious financial burdens along with emotional pain. Families may face economic hardships, trauma, and funeral costs when they lose their loved one in a manner that should have been prevented.
While no amount of money can bring back a lost relative, civil litigation may be able to bring financial stability to the surviving relatives of the deceased person. Speak to a seasoned Celina wrongful death lawyer today to discuss your rights and begin working on your case.
McCraw Law Group