Who can be Compensated in a Pleasanton Wrongful Death Suit?
If you have recently lost a loved one as a result of another’s negligence or indifference in Pleasanton, Texas, you might be unsure of where to turn for assistance or how to carry on the face of this tragedy. In situations like these, the law provides protections for the surviving family members, who can be compensated in a Pleasanton wrongful death suit.
When a Pleasanton wrongful death occurs due to fatal negligence, whether it happened under the care of a medical provider, at the workplace, in an assisted living facility, or as the result of an automobile accident, there may be a legitimate basis for a wrongful death lawsuit against those liable, and your family could be entitled to compensation for financial and emotional loss. However, there are statutes dictating who has the legal ability to initiate the claim, which can make the process confusing for many families just trying to bury their departed.
The law offices of Carabin & Shaw have over 20 years of experience in managing wrongful death claims for Texas families and ensuring they receive the full compensation necessary to recover financially and emotionally. Our wrongful death attorneys in Pleasanton can examine your case to determine whether you should be the one filing a wrongful death claim.Who Can File a Compensation Claim in a Wrongful Death Suit?
Who can be compensated in a Pleasanton wrongful death suit usually starts with those who are legally allowed to file the claim. In Texas, the individuals immediately entitled to file a wrongful death compensation claim are the spouse, children, and parents of the deceased, who may choose to file the claim alone or as a group. These priority claimants also have the right to decline any claim from being filed at all.
If none of these relations file a claim within 3 months of the death, the eligibility opens up to other members of the immediate family, such as the siblings and dependents of the deceased, and executors with power of attorney. It is important to note that any wrongful death claim must be filed within 2 years of the report of the death, though claims started before this deadline do not need to be resolved before it closes.
Identifying who qualifies as a claimant in Pleasanton can become complicated in certain family situations, such as deceased without children or living parents, or those who pass in the middle of marital changes. Such situations may warrant expert guidance from a wrongful death attorney to ensure everyone impacted is rightfully represented, as well as to make sure the wishes of the departed are respected.What Damages Can They Claim for Compensation?
Determining what damages can be claimed against liable parties in a wrongful death lawsuit is dependent upon a number of factors. When awarding compensation, the court or arbiter must account for needs of all who can be compensated for the wrongful death suit in Pleasanton, such as pain and suffering of the deceased prior to death, medical costs directly resulting from the fatal negligence that fall upon spouses or children, and the financial and emotional impact of the loss upon loved ones.
Other factors that might be considered when determining who and what should be compensated are:
- Funeral and interment costs your family is left responsible for.
- Inheritance lost by yourself and qualifying family members.
- The loss of financial support your loved one provided; including both immediate economic impact upon each claimant and lost expected earnings or inheritance.
- The loss of the love, friendship, and companionship each claimant shared with the departed
There are numerous other types of damages that can be claimed in a wrongful death lawsuit that cannot be predicted here. The attorneys of Carabin & Shaw can best advise you after hearing the facts of your unique situation, but if we determine you have grounds for a lawsuit, we will work diligently to see that you receive everything you are entitled to.
If need to know what can be claimed and who can be compensated in your Pleasanton wrongful death suit, please contact Carabin & Shaw and ask to speak with a Pleasanton wrongful death attorney. Our offices are open 24 hours a day, seven days a week, to better serve you at a moment’s notice – because in wrongful death claims, time is of the essence.
The attorneys at Carabin & Shaw are experts in wrongful death and personal injury law; with over 20 years of experience as a practice and hundreds between our individual attorneys, every minute of it will go into fighting for the fair and full compensation for your family.
Call our local Pleasanton office to schedule a free consultation today at 830.569.7050.