When you are involved in a motorcycle accident, there is a lot to worry about. Not only do you have to deal with the injuries you sustained in the crash, but you may also be dealing with the legal ramifications.
If someone else was responsible for the accident and you lose a loved one as a result, you may be able to file a wrongful death lawsuit. A Houston personal injury attorney can help you through this difficult time. In this post, we'll discuss what wrongful death is and what a Houston personal injury attorney can do for you.
What Is a Wrongful Death Claim?
A wrongful death claim is a lawsuit that is filed by the family of a person who has died as the result of another person's negligence. For example, if you were killed in a motor vehicle accident because the other driver was texting and driving, your family could file a wrongful death claim against that driver. In Texas, the statute of limitations for filing a wrongful death claim is two years. This means that you have two years from the date of your loved one's death to file a lawsuit.
If you are considering filing a wrongful death claim, it is important to speak with a wrongful death attorney Houston who can help you navigate the process.
Who Can File a Wrongful Death Claim in Houston?
In Texas, only certain people can file a wrongful death claim after a motorcycle accident. Typically, the spouse, children, or parents of the deceased can file a claim. If the victim was unmarried, then the parents may file the claim. If there is no living relative, then the personal representative of the victim's estate can file a claim.
How Long Do I Have to File a Wrongful Death Claim in Houston?
The statute of limitations for a wrongful death claim in Texas is two years. This means that you have two years from the date of the accident to file a lawsuit. However, it's important to note that this is just a guideline and you should speak with an attorney as soon as possible to find out what your specific timeline is.
How Is a Wrongful Death Claim Different From a Survival Claim?
When someone dies as the result of a motorcycle accident, their family may be able to file a wrongful death claim. This type of claim is different from a survival claim, which is filed by the victim's estate. A wrongful death claim is filed by the family of the victim and seeks damages for their loss. Damages can include funeral expenses, lost income and benefits, and the pain and suffering of the family.
To file a wrongful death claim, you need to have a personal injury lawyer on your side. They will help you gather evidence and build a case against the person or company responsible for your loved one's death.
What Kind of Compensation Can I Recover in a Wrongful Death Claim?
If you've lost a loved one in a motorcycle accident that was caused by someone else's negligence, you may be wondering what kind of compensation you can recover. In a wrongful death claim, you can seek damages for the following:
- The cost of funeral and burial expenses.
- The cost of medical expenses incurred before the death of your loved one.
- The loss of income and benefits your loved one would have earned if he or she had lived.
- The loss of companionship, love, and support that you have suffered since your loved one's death.
- The pain and suffering your loved one endured before death.
How Can a Houston Motorcycle Accident Attorney Help Me With My Claim?
- A car wreck attorney in Houston can help you file a wrongful death claim if you have lost a loved one in a motorcycle accident.
- Your attorney will work to prove that the other driver was at fault for the accident and that their actions led to your loved one's death. This can be difficult to do, but with the help of an experienced attorney, you can get the compensation you deserve.
- Your attorney will also help you deal with the insurance company and ensure that you receive all of the benefits you are entitled to.
Conclusion
When you are involved in a motorcycle accident, the injuries can be catastrophic. Not only can you suffer physical injuries, but you may also experience emotional trauma. If you have lost a loved one in a motorcycle accident, you may be wondering what your next steps are.
A Houston personal injury attorney can help you file a wrongful death lawsuit against the person or company responsible for your loved one's death. A wrongful death lawsuit can provide financial compensation for medical expenses, funeral costs, and pain and suffering.
To learn more about how Houston Motorcycle Accident Injury Lawyers can help you file a wrongful death lawsuit, contact us today!
