When a family member or loved one is killed in an accident, not only is it heartbreaking, but it also raises all sorts of questions about what happens next. One of these questions could be “What qualifies as an Unlawful Death Claim?” The answer to that can determine whether you will be able to file an unlawful death lawsuit.
An “unjustified death” lawsuit is defined, according to the Oxford Languages Dictionary, as “a civil action seeking damages against a party for the cause of death, typically when a criminal act has failed or is not attempted”. A wrongful death occurs when the actions of one party’s negligence or negligence result in the death of another party. The legal system enables you to seek financial compensation in a civil court in these cases.
Many different situations can lead to an unlawful death. Some of them are:
- Car, truck or motorcycle accident
- Manufacturing defects / defective consumer goods
- Injuries in the workplace
- Criminal activity
- Abuse of the Elderly
- Slips and falls.
It is important to remember that these are claims in a civil court to seek monetary damages. Cases of wrongful death are not prosecuted in a criminal court to determine criminal liability and punishment. This is a separate action.
To find out if you are entitled to unlawful death, reach out to Guajardo & Marks’ experienced lawyers. We have helped hundreds of customers successfully pursue these claims and reclaimed millions of dollars in damages. For a free initial consultation, call us at 972-774-9800.
How do you prove wrongful death?
The statute of limitations for unlawful death in Texas is 2 years. The sooner you make your claim, the better. If you are wondering how to prove death wrong, the following information should help you.
In an unlawful death lawsuit, you must demonstrate the same elements of a personal injury lawsuit:
- mandatory: The defendant owed a duty of care to the deceased. In a drunk driving case that resulted in the death of your loved one, there is likely to be evidence that the accused owed your loved one the due diligence required to drive responsibly under road laws.
- Breach of duty: Evidence must be provided that the accused has violated his duty of care. For example, the drunk driver hit and killed your loved one on a zebra crossing. His duty of care was violated because he was intoxicated while driving over the legal limit and did not stop for a pedestrian on a marked zebra crossing.
- Prove causality: The plaintiff must prove that the breach of duty caused harm to the deceased. For example, you need to prove that it was the defendant’s car that hit and killed your loved one, and not another car.
- Prove damage: The claimant must prove that the deceased suffered harm. In the event of death, the obvious harm is that the person was killed.
Who can file an illegal obituary?
In Texas, you can file an unlawful death lawsuit if the wrongful act, neglect, negligence, incompetence, or failure of one party resulted in the death of another party. The surviving spouse, children, and parents of the deceased can bring unlawful death suits in Texas, and any of these individuals can bring lawsuits on their own or as a group.
If the surviving spouse, children, or parents fail to claim unlawful death within 90 days of the date of death, the executor or personal representative of the person’s estate may file an application. Adult children in Texas can also file a lawsuit over the death of a parent.
What kind of compensation can I get in the event of death?
Financial difficulties are often the result of sudden death. Compensation in the event of death seeks to alleviate these difficulties. The types of rewards you can receive include:
- Medical expenses
- Funeral and funeral expenses
- Loss of income (current and future)
- Loss of camaraderie
- Pain and suffering.
A qualified lawyer can determine that there are other issues that you can seek compensation for as well.
How much does it cost to hire an unlawful death attorney?
Here’s the good news! It doesn’t cost you anything upfront to hire an unjustified death attorney because at Guajardo & Marks we work on contingent liabilities, which means we don’t get paid until you’re paid. The lawyers’ fees are paid by the defendant under a settlement agreement or a jury award. If for any reason your claim is unsuccessful, you owe us nothing. We believe everyone should have access to the justice they deserve and our lawyers work hard to ensure that our clients get it.
Contact an unlawful death attorney today
False deaths are complex and require the skill of an experienced lawyer. At Guajardo & Marks, we have decades of experience successfully representing clients in these cases in Dallas and across Texas. Our company understands the grief and pain caused by the sudden death of a loved one, and we strive to provide families with the personal, compassionate service they need to help them through such a difficult and stressful time.
We can evaluate your case to determine the best course of action and you won’t pay us a dime unless we win your case. What do you have to lose? Call us at 972-774-9800 for a free consultation on your case. We are here to help.