Filing a Wrongful Death Claim in Corpus Christi
The death of a close family member is never an easy experience. On top of the emotional impact, an untimely death can come with unforeseen financial costs, and the pressing need to address them may feel as though it is unfairly getting in the way of your grieving process. To cover some of these costs, you may have considered legal action, but personal injury and wrongful death law in Corpus Christi, Texas can be overwhelming.
Carabin Shaw can help. We have helped clients like you financially recover from unforeseen tragedies for almost 30 years. We work on contingency, so our fee will only come out of your winning settlement. For a free consultation by phone with one of our wrongful death attorneys serving Corpus Christi, call 1-800-862-1260 or locally at 361-444-1111 today.Filing a Wrongful Death Claim in Corpus Christi, Texas
For a wrongful death claim to be viable in Texas, it must meet the following prerequisites:
- The claim was filed no more than two years after the death of the deceased, unless:
- The wrongful nature of the death was unknown until recently, due to fraud or otherwise
- The claimant was somehow prevented from filing
- The claimant is a minor
- The death could have been avoided and was due to either negligent or intentionally malicious actions on the part of the defendant
- The claimant is a surviving spouse, child, parent, or representative of the estate of the deceased
If the details of your case match all of the above, look into personal injury and wrongful death attorneys near you.
As a wrongful death can occur for any number of reasons, a wrongful death claim might name a defendant in one of many different roles. These include:
- A driver whose negligence caused a fatal accident
- The manufacturer of a vehicle whose mechanical failure caused a fatal accident
- A medical professional who committed malpractice
- A supervisor at a job site whose negligence resulted in a fatal accident
- A perpetrator of physical assault on the deceased, resulting in injuries that ultimately lead to their death
If you are unsure of who you should name in your claim, look into wrongful death attorneys serving Corpus Christi to help you through the process.How Much Can I Receive in Damages For a Wrongful Death Suit?
In Texas, you can receive three types of damages in a personal injury or wrongful death lawsuit: economic, noneconomic, and punitive.
Economic damages cover expenses such as funeral costs, medical expenses related to the injuries that caused the death of the deceased, and loss of economic stability if the claimant was financially dependent upon the deceased. A successful wrongful death claim or lawsuit will see the estimated value of these costs covered.
Noneconomic damages are meant to compensate for the claimant’s emotional and physical pain and suffering, loss of consortium, and other ways that a wrongful death impacts your quality of life. In cases of medical malpractice, noneconomic damages are capped at $750,000 (adjusted for inflation).
Punitive damages are not meant to address any cost on the claimant’s part but rather to punish the defendant. These are also capped at $750,000, though in cases of extreme negligence that cap may be waived.
Calculating damages is an extremely involved process involving the consideration of several different factors. An experienced wrongful death attorney will be essential for this step.How Can I Find a Good Lawyer in Corpus Christi, Texas?
Free consultations are an important tool when seeking legal counsel. In these meetings, you can interview an attorney to help inform your decision of whether or not to hire them. You might ask how many cases similar to yours an attorney has handled, how many of those claims were settled out of court, and how successful they foresee your case being. Make sure to hire someone who has solid evidence to back up their knowledge of and experience with wrongful death law.
The Carabin Shaw Offices in Corpus Christi are located two blocks south of the Nueces County Courthouse in Corpus Christi, Texas.
Our Corpus Christi telephones are answered 24 hours a day, 7 days a week. Call 361.444.1111.