Losing a loved one takes an emotional toll that’s never easy to deal with, and it becomes harder if their death was the result of an accident. When someone else’s negligence causes your loved one’s death, you may have the right to compensation. With the help of a wrongful death lawyer in Tyler, Texas, you can seek financial compensation for funerary rites, medical bills, and even income loss replacement. While you’re dealing with the loss of a loved one, let your attorney fight for your rights.
What You Need in a Wrongful Death Case
In order to file a case of wrongful death, you need to be able to prove that someone else was responsible for that death. Your attorney can help you sort through all the evidence and gather what your need for court. To get your claim approved, you’ll need proof of the following:
- A legal duty was owed (It is a doctor’s legal duty to provide the right diagnosis and prescription)
- The defendant breached a legal duty (A doctor misdiagnosed a patient or prescribed the wrong dosage)
- The breach of duty caused death (The lack of proper medication or diagnosis caused someone to die)
- The incident caused monetary damages (Such as paying for a funeral or paying excessive medical bills)
With proof in hand, you can take action with your wrongful death lawyer to get the compensation you deserve.
Are You Eligible for Compensation?
Before you begin filing a wrongful death claim, you want to make sure you have the right to compensation. A wrongful death lawyer in Tyler, Texas, can help you determine whether or not you meet the necessary criteria. If you do not, your attorney may be able to help you seek legal action through a different avenue. To receive wrongful death compensation in Texas, you must be a surviving spouse, parent, or child of the deceased. A personal representative of the estate of the deceased is also entitled to seek legal action in a wrongful death case.
If you do have the right to sue for compensation, it’s important to note that Texas law requires you to submit your claim within two years of the death. Some exemptions do apply, such as:
- The plaintiff of the lawsuit is a minor child
- The plaintiff was not aware of the negligence within the 2-year period
- A mental or physical impairment prevented filing
Get Help from a Wrongful Death Lawyer in Tyler, Texas, Today
Wrongful death claims are civil action lawsuits, which means you can seek compensation even if no criminal offenses apply. If you wish to seek compensation for the death of a loved one, Attorney Vickery is here to help. As a leading wrongful death lawyer in Tyler, Texas, he knows what needs to be done to get you the compensation you deserve. Attorney Vickery will fight hard to win your case so you can focus on healing from your loss. To schedule a consultation about your case, call the Vickery Law Firm today at (903) 504-5490.