Next Steps To Take After A Wrongful Death Suit
In Floresville, Texas, just as elsewhere in the United States, a wrongful death lawsuit can be filed when an individual or corporate body of individuals, through negligence, carelessness, or incompetence, causes the death of another individual. Knowing who can file, understanding types of wrongful death lawsuits, and being aware of the statute of limitations are all fundamental to the success of the suit.
In your free initial consultation with our Floresville wrongful death attorney at the law offices of Carabin & Shaw, we can quickly determine what would be the best and wisest next steps to take after a wrongful death suit.Who Can File a Wrongful Death Suit
In Texas, a lawsuit for wrongful death claim can only be filed by the following individuals:
- the deceased’s parents,
- current spouse,
- and children, both natural and adopted.
While the heartache of a sibling for a deceased loved one can be equally as painful, according to the laws in Floresville, siblings cannot file a wrongful death claim.
Children who have been legally adopted can file on behalf of an adopted parent who is the victim of a wrongful death. However, children who have been legally adopted cannot file a lawsuit for the death of a biological parent. Age is not a factor in wrongful death lawsuit, and adult children can still file for the wrongful death of a parent.
Finally, an adoptive parent may file a wrongful death claim for the death of an adopted child, but a biological parent cannot file a claim for the death of a child they gave up in adoption proceedings.
These family members may file either individually or as a group, and they should consider hiring a representative, such as a Floresville Carabin & Shaw attorney to file on their behalf. If their claim is not filed within 3 months of the day the family member’s death, the executor of the estate for the deceased person has an obligation to file. If an executor files a lawsuit, any legitimate person entitled to file the lawsuit can also request that the executor not file a suit.
This may cause a dispute within the family, as some may want to file, and others may not want to file a wrongful death lawsuit. If faced with such a dilemma, the family should seriously consider discussing the pros and cons of filing a wrongful death lawsuit with one of our attorneys at the law offices of Carabin & Shaw in Floresville.Types of Wrongful Death Lawsuits
The next step to take after a wrongful death suit is to consider the types of wrongful deaths suits allowed by law, and then talk with one of attorneys about how to pursue the claim. Many types of incidents are considered justifiable for wrongful death lawsuits – practically any claim that is available under personal injury law that could possibly result in death. The types of wrongful death claims range from:
- medical malpractice deaths,
- workplace deaths, such as in an oilfield accident,
- pedestrians hit by drivers,
- motor vehicle accidents,
- poor or negligent security,
- even defective products.
The bottom line is that when someone dies due to negligence or oversight of another, a wrongful death claim can and should be considered to protect the future of the family. By talking to one of our attorneys at Carabin & Shaw, you will find the peace of mind that justice can be won for your loved one’s Floresville wrongful death.Statute of Limitations and Compensation
All wrongful death claims will have a statute of limitations; the length of time to file is dependent on the state in which occurred the death of the individual. In Texas, the statute of limitations is two years from the date the death was officially reported. Although, to be safe, you should consider filing right away.
Evidence and supporting witnesses are best obtained while the occurrence is still recent. Time tends to dull people’s remembrance of what actually transpired, and documents have a way of getting lost. An important point to remember is that settlements of a wrongful death lawsuit are strictly monetary.
The next steps to take after a wrongful death suit is to make a phone call to the law firm of Carabin & Shaw. Our attorneys know how delicate these situations can be for families, and our representatives are confidential with your information.
In a free consultation, we’ll discuss the impact of the loss of your loved one has had on your family, what compensation might be possible, and how we can help you craft a wrongful death compensation claim that will provide for your family’s future.
Don’t delay a moment longer; the consultation is free, and so is the call. Contact the law offices of Carabin & Shaw in Floresville at 830.393.8822. today.