Who can sue for Boerne Wrongful Death?
When a family member dies in a wrongful death, it can be difficult to process or accept. Boerne families that have lost a loved one may be unsure of what steps to take after such a loss. Family members of the victim may not have been involved in the incident, but they are certainly affected by the aftermath of the tragedy. Depending on the financial or emotional role the victim played within the family unit, it may be challenging to simply carry on with daily life as it was before the incident.
Family members of victims who lost their life in Boerne may wonder who can sue for Boerne wrongful death. This question has different answers across various states in the U.S., but we’ll outline the laws regarding who is eligible in Texas. For specific counsel, it is always most beneficial to consult an experienced attorney.Wrongful Death in Texas: Who’s Eligible to Sue
In Texas, immediate family members are usually eligible to sue for a Boerne wrongful death , especially those that are directly affected by the life lost. This would include parents, children and spouses.
Legal union: Legally married couples in Boerne are, of course, eligible to receive compensation. Partners recognized under common law marriage are also able to make claims after a wrongful death. Spouses that are legally separated may also sue for damages, however divorcées are no longer eligible. Additionally, same-sex partners are not currently able to make claims under Texas law at this time.
Parent rights: Parents are also among those who can sue for Boerne wrongful death. Losing a child is overwhelming, and Texas law gives parents the right to make claims. Even if the children are over the age of 18, parents may make claims for their adult children. If a child was given up for adoption and a legal adoption took place, however, parents are no longer able to make claims for the wrongful death of that child.
Rights of the Child: Children are able to make a claim in a wrongful death suit. They can be the most affected by the sudden death of a parent. Children are affected emotionally and economically as their entire life may be completely upended regardless of whether they lost one parent or both. However, just as in the case of the parent, if a child is legally adopted by another person, they no longer have the right to suit in a wrongful death case for their birth parents.
Siblings : Although in some other states, siblings can make claims for damages, in Texas, this is not the case. Siblings are not eligible to pursue damages in a wrongful death suit even if there is no other family member available to file a suit.
Grandparents: Grandparents, like siblings, are not able to make claims for the death of a grandchild. However, if the grandparent has legally adopted the grandchild, they are able to file a claim.
When no family member can make a claim: If there is no family member available who can sue for Boerne wrongful death, then an attorney or executor may file a claim on behalf of the estate.What is the Case Worth?
Once you are able to establish who can make a claim, a judge will determine how much each family member should receive based on their relationship to the deceased and the impact the loss has had on their life. There are many types of compensation which not only involve the loss of current earnings, but also future earnings and potential inheritance. Wrongful death suits can be complicated, but hiring a knowledgeable Boerne wrongful death attorney who can help you understand your options is simple.Get Your Case Started With a Free, no Obligation Consultation
Contact our attorneys at Carabin & Shaw to discuss the details of your claim. Our knowledgeable attorneys have helped many Boerne families that have been affected by the aftermath of a wrongful death. Not only can our lawyers help you understand who can sue, we can also explain the types of damages you may be eligible for.
Suffering a tragedy such as this is devastating, but there is compensation that can ease the burden that follows. Our bilingual attorneys are standing by and are ready to assist you in English or Spanish 24 hours a day. Give us a call at 800-862-1260.