Austin Wrongful Death Lawyer
Accidents can result in a victim’s death. Sometimes the victim dies immediately and other times, he or she dies days or weeks later as a result of the injury he or she sustained in the accident. When an individual dies in an accident, his or her family may be left with a significant financial burden. That individual likely worked, providing income to the household, and held assets like savings accounts, a retirement fund, and other financial holdings that would have continued to accumulate wealth during his or her lifetime. The victim’s loved ones are also left with a significant emotional burden that can make it difficult or impossible for them to conduct their own lives in a productive manner after the victim’s death. All of these damages can have economic consequences for the victim’s family, and all of these damages can be compensated through the money received through a wrongful death claim.
Who Can File a Wrongful Death Claim?
In Texas, a victim’s spouse, parents, or children may file a wrongful death claim. If a victim did not have any of these relationships or if they do not file a wrongful death claim within three months of the victim’s passing, the victim’s personal representative or executor of his or her estate may file a wrongful death claim. Family member may file a wrongful death claim together or each may file one singly.
Which Damages May be Compensated Through a Wrongful Death Claim?
In a wrongful death claim, the claimant may seek compensation for the following damages:
- Loss of the victim’s income;
- Loss of the inheritance that the victim would have provided if he or she had survived to continue saving;
- Loss of the companionship, love, and guidance provided by the victim;
- The loss of the victim’s non-monetary contributions to the household, such as housework; and
- Compensation for the survivor’s own needs stemming from the death, such as the need for psychological counseling to process it.
To receive compensation through a wrongful death claim, the claimant must file it within two years of the victim’s death. This is known as the statute of limitations. The claimant must prove that the death was caused by another party’s negligence or recklessness. He or she must also prove the extent of the damages he or she experienced as a result of the death, which can be done by providing documentation of the victim’s assets and projected earnings. Work with an experienced wrongful death lawyer to learn more about filing this type of claim.
Work with an Experienced Austin Wrongful Death Attorney
When a loved one dies as a result of another party’s negligence, his or her loved ones can experience a significant financial burden. If you are currently facing this type of burden following this kind of loss, you can potentially recover compensation for your damages through a wrongful death claim. Learn more about filing and pursuing a wrongful death claim during your initial legal consultation with our team of wrongful death attorneys at Buford & Gonzalez. Our legal professionals are known as some of the most skilled personal injury lawyers Austin has within the city.