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No one expects to lose a loved one through an accident in life. Whether that accident is a car crash, a work-related accident, a fire or other type of disaster, you may be eligible to file a wrongful death claim on behalf of the loved one who has died. You are entitled to file a civil action and pursue damages for a wrongful death claim in a court of law. In wrongful death cases, the lawyer will need to show beyond a preponderance of the evidence that a loved one died as the result of someone else’s legal fault.
Right after a loved one dies, you should begin investigating the legal options that you have. You should schedule an initial consultation with a Denton personal injury lawyer to see whether you can file a wrongful death claim. Every state has a statute of limitations that puts forth a time period for which you are able to file a wrongful death claim. If this time period is over, then you no longer have the legal right to file a lawsuit on behalf of the person who has died. In Texas, the statute of limitations for a wrongful death claim is a total of two years.
Loved ones are able to file a wrongful death claim for intentional or unintentional torts that have caused the death of another person. If a loved one died as the result of battery or assault, then you may still file a wrongful death claim to recover damages. Even if a loved one died as the result of a slip and fall accident, you are still eligible to file a wrongful death claim for this unintentional tort. A Denton personal injury lawyer ensures that you follow all of the formalities that are required for filing a wrongful death case in Texas.
One formality that must be followed in your case is the filing of notice. A Denton personal injury lawyer must file notice that you are contemplating the possibility of filing a wrongful death action. If you are suing the government, then you will have to provide this notice directly to the government. A Denton personal injury lawyer can ensure that a notice is drafted in the proper fashion and delivered to the right individuals in your case.
Ultimately, it is up to a personal injury lawyer to show that a defendant’s actions were a proximate cause in leading up to a loved one’s death. Your lawyer may seek compensatory damages to cover the losses that you have suffered after the accident. A lawyer may also calculate the salary that your loved one would have likely earned throughout his or her lifetime. The lawyer will multiply the average salary that a loved one earned prior to his or her death by the number of years that he or she would be expected to live. Your state may have a limit on the amount of damages that you can recover in a wrongful death action, so you should check with a lawyer to verify the amount requested in a petition.