Addressing Statute Of Limitation In A Wrongful Death Case

The frequency of car accidents in recent years is an eye-opener. We all should act wisely to avoid facing a car accident ourselves. The extent of injuries caused by one of these accidents can be different for every victim. Even if you are not physically injured, dealing with the wrongful death of a loved one due to a car accident can be a devastating experience. It can disturb our mental and emotional health. Further, if you lost the family’s breadwinner in a car collision, you might face a severe financial crisis.

In this situation, a San Antonio personal injury attorney can help sue the responsible party and get sufficient compensation for your loss, damage, pain, and suffering. Every state follows somewhat different laws for handling wrongful death lawsuits. So, when you decide to file a claim, it is important to know the laws of your state for such cases. Whether it was a car accident, product liability case, medical malpractice, or any other cause of your loved one’s wrongful death, taking the proper steps is very important.

When a minor or mentally challenged person is involved in the case, special rules may apply. Not filing a claim for wrongful death within the statute of limitations established by your state can prevent you from succeeding in your case. You should be aware of the time frame to file a claim, the documents needed to prove the loss, injury, damages, other’s fault, and other necessities so that you don’t miss any deadlines.

Statute of Limitations Applies wherever someone loses his life.

No amount of money can bring your loved one back, but it can help you in managing basic expenses in their absence. If you lost any of your family members in a car collision and someone else was at fault for this incident, you can approach the court to recover for your loss. In such cases, the statute of limitation will be applied. In addition to car accidents, you can file wrongful death claims in many other cases like medical malpractice, defective products, machines or devices, using dangerous products, birth injuries, bicycle accidents, pedestrian accidents, workplace injuries, premises liability, construction site accidents, nursing home abuse, etc. Each of these cases must be handled differently, and hence, you must hire an appropriate legal professional who has enough experience in handling similar cases.

Why is there a statute of limitation for wrongful death claims?

A statute of limitations ensures quicker legal action and helps in balancing the situation between the defendant and the plaintiff. In Texas, families of the victim of a wrongful death generally have two years from the date of their loved one’s death to file this claim. It is very necessary that these family members have prominent evidence regarding the loss, damages, and other’s faults. Additionally, showing prime witnesses of the accident, video of the accident site, etc., can turn the case in their favor.

The loss of a family member in a car crash or other accident can turn one’s life upside down. Texas also allows survivors of an accident victim to bring a survival action, which will allow them to approach the court to recover expenses like funeral expenses, medical expenses of the deceased person before death, lost income (from the time after facing the accident, until the last breath), and even the estimated future earnings of the deceased individual.

To gain sufficient compensation, they must be able to prove another person or party’s fault, negligence, reckless driving, not using safety measures, not following traffic rules while driving the car, intentional misconduct, and other careless behavior that caused the accident.

What can a car accident lawyer prove in a wrongful death case?

People who have experienced legal professionals fighting for their rights have a better chance of winning their claim. Here are some key points that your attorney can prove.

  1. Duty of Care- Proving the existence of a duty of care is of utmost importance in wrongful death cases. The attorney will gather all the evidence, talk to involved parties, and take all vital steps to prove the other driver’s negligence and fault behind the loss of life in the car crash. It will make your case stronger.
  2. Breach of Care- If someone failed to act responsibly and there was a breach in the duty of care, the lawyer will be the best person to prove this fact.
  3. Causation- The defendant may try to blame and give other reasons behind your loss, damages, and loss of life of your loved one. In many cases, the defendant attempts to blame the accident on poor weather, poor road conditions, false product liability, etc. For this reason, it is better to have an experienced attorney by your side who knows how to respond in such cases.
  4. Complete loss and damages- The extent of loss and damages varies from case to case. Calculating the overall loss in a fatal car accident where someone died is a daunting task. An attorney can help quantify the past, present, and future losses due to the incident.

How will you calculate the deadline for filing the claim?

As discussed earlier, the deadline depends on the state law, and each state can follow a different set of rules. So, it is better to contact an experienced San Antonio Car Accident Lawyer as soon as possible. An attorney will have in-depth knowledge of tort law, the statute of limitation, and other essentials. Having an attorney can ensure you will not miss any deadline.

Generally, the time of filing a claim for any car accident is calculated from when the accident happened, and the victim got injured. If the injured person dies, the rules will be a little different. The deadline varies depending on the date of death.

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