Devastation doesn’t even begin to describe your recent loss of a loved one through a workplace incident. Planning ways to commemorate them already takes a toll on you, so filing a wrongful death claim can seem like a daunting undertaking.
Life will never be the same after losing someone close to you. However, receiving compensation and holding accountability where it’s due, can help you recover through a difficult time. You can start the legal process by understanding the defenses available and damages you can claim.
Legal logistics
A wrongful death claim is something that probably hadn’t crossed your mind until recently. These are some fundamental elements you can consider while building a case:
- Statutes: Per Texas state law, you have two years from the death of your loved one to file a wrongful death lawsuit. And you must be the spouse, child, parent or estate representative of the deceased person to take legal action. It’s also worth noting that if the victim had workers’ compensation insurance, you can still pursue a wrongful death claim.
- Defenses: Common wrongful death defenses include claiming negligence or misconduct. Refusing to properly teach the victim how to operate a company vehicle is an act of negligence. If this gap in training led to a fatal car wreck while the victim was on the job, you could have a case for wrongful death. And an act of misconduct could include forcing an employee to continue to use a company vehicle when the employer knows crucial repairs are due.
- Damages: Although the death of your loved one is irreversible; you could receive compensation for economic and emotional losses. This includes loss of income or financial support, money for medical bills and funeral costs. To help make up for non-economic pain, you can receive compensation for the loss of companionship you feel or the pain and suffering your loved one endured. You can also receive punitive damages from the employee or employer that played a critical role in the incident.
Teaming up with a wrongful death attorney can help both you and your family as you heal from your loss.