Who in Pleasanton can Receive Compensation for Wrongful Death?
Losing a family member in a tragic accident in Floresville can be heartbreaking, but knowing that the accident was preventable if not for the negligence of another can be unbearable. Victims of this type of death are not able to demand remuneration for what happened to them, but their families may be able to speak on their behalf.
“Who can receive compensation for wrongful death in Floresville?” “Can any family member speak up?” “Who has the right to hold the perpetrators responsible?”
Floresville residents who have lost a member of their family in a wrongful death case may have many questions and might well be unsure of whether they have the right to make any claims on behalf of the deceased. Having a Floresville wrongful death attorney that can explain Texas’ laws regarding wrongful death can be helpful.
Each state has their own laws regarding this topic, and depending on where a person gathers their information, it is not surprising that there could be some confusion. The knowledgeable attorneys at Carabin & Shaw want to help clarify which laws apply directly to Floresville residents.
One of the biggest points of confusion in Floresville is who can receive compensation for wrongful death. In some states, for example, siblings may make claims on behalf of the deceased. Unfortunately, in Texas, and by extension, Floresville, siblings are not eligible to make claims on behalf of the victim. Other states also allow for grandparents to make claims for the wrongful death of their grandchildren, however, again, this is not the case in Texas.
In Texas, the spouse can make a claim in a wrongful death case. The term “spouse” can include a partner through common law marriage and extends to an estranged partner in a marriage separation. However, same sex-couples, boyfriends or girlfriends, and those engaged to be married do not currently have rights to make claims for the wrongful death of their partner in Texas.
Parents may also make claims if their child or children were wrongfully killed in a tragic event. While other states may have stipulations about the age of the child, in Texas, parents may make claims regardless of whether their child is an infant or of an adult age. Adoptive parents in Floresville may also make a claim on their legally adopted children; however, foster parents and temporary guardians do not have the right to file a claim.
Likewise, children may also file claims for the loss of their parents, and just as in the case with adoptive parents, children may make claims for parents who have legally adopted them. However, children cannot make claims on their biological parents once they have been legally adopted by another. Finally, should no family member make within three months or be eligible to make claims on behalf of the deceased, a lawyer or executor of the estate for the victim may file on their behalf.
Once you are able to determine who in Floresville can receive compensation for wrongful death, your attorney can explain the scope of compensation you may be entitled to receive based on your relationship to the deceased. Young children who have lost a parent as opposed to adult children who have lost a parent would be warranted differing amounts of compensation by the judge. It would be the work of the attorney to help you establish the various ways in which your life may have been economically impacted by the loss of your loved one.
You, yourself, may not even recognize the manner in which such a loss could impact your future, as your grief may only allow you to focus on the impact on your present situation. An experienced attorney can help you understand the current financial loss, but can further layout the losses of future earnings or potential inheritance as well.
If you feel that you have the legal right to pursuit a wrongful death suit in Floresville on behalf of a loved one, call one of our attorneys day or night at 800-862-1260 to schedule a free consultation. Our bilingual lawyers can help you with your Floresville wrongful death case and clarify many of the questions you have regarding your case.