Available 24/7
(972) 854-7900
Available 24/7
(972) 854-7900
Any time an accident caused by negligence results in a fatality, any civil and criminal procedures that follow are inevitably going to be more complicated than they would be for a typical personal injury claim. If you try to pursue a wrongful death claim without familiarizing yourself with these differences, you could have a very difficult time getting the outcome you and your family deserve.
Fortunately, a knowledgeable local injury attorney could offer thorough clarification and advice about the unique aspects of a Frisco wrongful death case. With guidance from experienced legal counsel, you might be able to pursue restitution for the loss of your loved one both effectively and efficiently.
As well as how they are different, it is important to understand how wrongful passing claims and other personal injury cases are alike as well. To begin, a untimely death lawsuit is a type of personal injury claim, so many of the same legal rules and regulations apply to both types of cases.
For example, the statute of limitations codified in Texas Civil Practice and Remedies Code §16.003 sets a filing deadline of two years regardless of whether the accident in question results in minor injuries or fatal ones. However, while a typical statutory filing period could possibly be tolled until a prospective plaintiff actually discovers their injury, the filing period for a wrongful death claim begins on the date the incident occurred that caused the fatality. This could result in a statute of limitation less than two years from the date of death, if the descendant survived the injury for a period before passing away.
One of the most immediately apparent ways in which Frisco wrongful death cases are unique from other types of claims is the degree to which law enforcement authorities and medical professionals will investigate the accident in question. Any accident that results in a fatality will almost certainly have a longer and more thorough police report than an accident that leads only to minor injuries.
In the same vein, relevant medical documentation may include not only hospital records for treatment the decedent received prior to their death, but also the results of an autopsy performed after their passing. Finally, there may be an extensive criminal investigation in certain cases to determine whether the party responsible for a fatal accident acted with malice, wanton negligence, or did anything else to warrant criminal charges.
Perhaps the most significant differences between wrongful death claims and personal injury cases have to do with who can pursue damages on a decedent’s behalf and what losses they could seek restitution for. As per Texas Civil Practice and Remedies Code §71.004, the right to file a lawsuit for an unexpected death lies solely with the decedent’s surviving spouse, children, or parent(s), or with the decedent’s estate executor or administrator if no qualifying family members are available.
Furthermore, a wrongful death case is meant to seek compensation for damages suffered by a decedent’s surviving family such as funeral costs, loss of consortium, loss of companionship, and loss of future financial support, rather than losses suffered directly by the decedent. That being said, the losses suffered by the deceased, including medical expenses paid prior to death, lost wages, and physical pain and suffering, may also be recoverable through what is known as a survival action.
Pursuing wrongful death litigation can be difficult both emotionally and financially, especially if you have never been involved in a personal injury case before. Even if you do understand the basics of personal injury law, you may not have the same base of knowledge for wrongful death cases in particular.
Fortunately, a compassionate lawyer could walk you through all the unique aspects of a Frisco wrongful death case and help you pursue a positive resolution to yours. Call today to set up a private consultation.
McCraw Law Group
N/a