Wrongful Death Lawsuit FAQ

Information surrounding wrongful death claims can be confusing, and furthermore, there seems to be a great deal of misinformation out there on it. Because of this fact, we at Carabin & Shaw have put together the following wrongful death lawsuit FAQ to help you determine if you or a loved one have experienced a wrongful death, whether you’re in Dallas, New Braunfels, or Aransas Pass. This is by no means a truly comprehensive piece to help determine if you might have a valid claim, and it is always advisable to contact an attorney should you have questions or concerns. Our follows:

Wrongful Death Lawsuit FAQ 1. What is “Wrongful Death?”

The definition of wrongful death can variate state to state, but for Aransas Pass (and Texas in general), it is Chapter 71 of the Texas Civil Practice and Remedies Code that outlines what a wrongful death is. It provides that relevant parties may file a wrongful death claim if there has been a death linked to carelessness, neglect, unskillfulness, wrongful act(s), or even by fault of a corporation or another person.

2. What Qualifies as a Wrongful Death?

Common examples include medical malpractice, the use of a defective product, explosion linked to negligence, and car accidents tied to negligence, such as driving under the influence, distracted driving, or falling asleep at the wheel. There are many ways in which a wrongful death can occur. If you think you have a wrongful death claim that fails under this definition, we recommend you contact a lawyer immediately.

3. Am I the Right Person to Present a Wrongful Death Claim?

There are specific stipulations about who can file a wrongful death claim. Even if you know someone who might seem to qualify for an Aransas Pass wrongful death claim, it is important to know who can file wrongful death claim. Generally, claims must be filed by specific members of the deceased’s family. Parents of the decedent, children, and surviving spouses are the primary people who should need a, Aransas Pass wrongful death claim lawyer.

Note that this does not include surviving siblings, though if you are a sibling of a decedent and you believe a wrongful death has occurred, we highly recommend you direct any of your deceased sibling’s family to contact an attorney with experience with these claims. So long as adoption was completed legally, adopted children may file a wrongful death claim. This is also true for parents of a deceased adopted child. In the case of multiple parties attempting to file, it is possible to bring forward a group claim of wrongful death in Aransas Pass.

4. What Would Result from a Successful Wrongful Death Claim?

If you think you may have a wrongful death claim, it may not be clear if or why you should file a claim. As these claims are subject to tort law, damages are what is awarded to successful claims. Damages are sums of money that a court imposes in response to a recognized breach or violation of duty or someone’s rights. Though we at Carabin & Shaw realize that no amount of money can truly compensate the actual psychological and physical damage that a loss of a loved one can bring, the financial compensation one gains through a successful claim can give you space to grieve and cover the reduced financial security that a wrongful death can cause.

5. What Damages Can Be Recovered as Compensation?

Recoverable damages can vary significantly. Mental anguish, lost inheritance, loss of care, lost household services, lost earnings, support, counsel, guidance, and lost companionship are common compensatory damages. In specific cases, punitive damages may be awarded so as to both send a clear message to others to avoid gross negligence. Even if you are uncertain if you qualify for damages, it is advisable to contact a lawyer immediately.

6. How Late Can I File a Claim?

Another frequently asked question about Aransas Pass wrongful death claims is in regard to what the statute of limitations are for these claims. A claim must be filed within two years of the date of death in the state of Texas, or two years from the date the death was discovered on record. Some exceptions apply to this rule, and the attorneys of Carabin & Shaw recommend contacting us immediately should you be near or past this deadline. As such, it is advisable to bring a suit well before this deadline. The complex nature of these claims can take time to investigate before a claim can be brought, so finding legal expertise immediately is advisable.

If you believe that you may have an Aransas Pass wrongful death claim, contact the law offices of Carabin & Shaw in Aransas Pass today at 361.717.4411.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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