Understanding Wrongful Death Claims
A wrongful death claim is a claim brought by the surviving family members against the person or entity whose carelessness and negligence are responsible for the passing of the deceased.
The purpose of filing a wrongful death claim is to recover monetary damages for:
- Loss of companionship;
- Mental pain and suffering; and
- Loss of inheritance
A survivorship claim is brought by the estate of the deceased to recover medical bills and expenses, funeral expenses, and any pain or suffering the deceased endured prior to passing. Both types of claims can be brought.
How to Ensure Fair Compensation
There is no reason that you should have to deal with the pain and complexities brought about by a loved one’s passing and try to handle wrongful death and survivorship claims yourself. An experienced wrongful death lawyer can visit with you about your particular circumstances and then help formulate a plan to pursue justice for you. This is not always an easy task, as responsible parties will attempt to limit their liability for your loved one’s passing. They may try to do this by disavowing any responsibility for the accident or denying knowledge of an unsafe property condition. They may also try to do this by claiming your loved one was negligent themselves.
A successful claim begins with a solid strategy which you and your wrongful death lawyer will create. Depending upon the circumstances, this may involve retrieving the deceased’s medical records and then having a medical professional or other expert review them to determine what injuries the deceased sustained and what was the likely cause of those injuries. Traffic or security cameras may have recorded the incident and can help show who was the negligent party. Police reports and eyewitness statements collected by the police can also be helpful in demonstrating negligence. Accident reconstructionists, alcohol or drug toxicologists, and various other experts can all help ensure you receive justice.
Contact Sutliff & Stout
Money can never replace the life of the person you lost. What money can do is ensure that the negligent party doesn’t goes unpunished, and that your family has access to all of the resources necessary to recover and move forward. We hope that you’ll contact our Austin office at 512-320-0088. We are ready to fight for your family.