Losing someone close to you is a tragedy that can be extremely difficult to come to terms with in any circumstance. If you believe that someone else is responsible for causing a family member’s death, however, it can be even more difficult to find acceptance, closure and peace. A death that is considered “wrongful” by law can cause a greater level of mental and emotional turmoil to survivors. A wrongful death attorney in San Antonio is here for you.
What Is Wrongful Death?
“Wrongful death” under Texas law means a loss of life due to another person’s neglect, carelessness, wrongful act, lack of proper skill or omission (Texas Civil Practice and Remedies Code § 71.002). Neglect or negligence in this context refers to the failure to exercise a reasonable level of care for the circumstances.
A wrongful death claim can be filed in Texas if there is evidence that someone died because of another person’s actions or failure to act. The deceased person’s surviving spouse, children and parents have exclusive right to file in the first three months, followed by the representative of the estate and other family members.
The Distressing Nature of Wrongful Death
Losing a loved one in any scenario can leave surviving loved ones with a range of complicated emotions. Common feelings include denial, shock, confusion, anger, guilt and sadness. It is common for survivors to experience depression or anxiety as part of their bereavement; sometimes, these feelings can turn into chronic mental health conditions.
Profound grief can lead to struggles with long-term mental health problems that require professional help and support. If a survivor feels overwhelmed or hopeless against these feelings, or is experiencing suicidal thoughts, getting help is critical. Aid such as prescription medications and ongoing therapy can help survivors cope and work toward healing.
Coping With the Wrongful Death of a Loved One
Grieving the death of a loved one is made more complicated and emotionally draining when there are signs that the death could have been prevented had another person or party used the correct amount of care. If the death occurred as a result of a car accident, dangerous premises, workplace accident, defective product or medical malpractice, it can be difficult for survivors to cope knowing that someone should be held accountable. A car accident lawyer in San Antonio can help you get the compensation you deserve.
While specific stages of grief have been identified, this does not mean that mourning looks the same for everyone. Different people experience grief in different ways. The most important thing is to have patience and be kind to yourself. Coping methods may involve talking about it with loved ones, memorializing your loved one to say goodbye, joining a grief support group or speaking to a therapist.
Can You Seek Compensation for Grief in a Texas Wrongful Death Claim?
Another way to find closure in the aftermath of a wrongful death is by filing a legal claim in Texas. This can hold a wrongdoer or negligent party accountable, providing justice and answers to surviving loved ones. It can also result in payment for related funeral expenses, burial costs, medical bills, lost wages, lost inheritance, and more.
The mental and emotional side of life after a wrongful death can be just as difficult as the financial one, if not more so, for those left behind. For this reason, the Texas Wrongful Death Act allows for the recovery of pain and suffering damages by surviving loved ones. This type of compensation can be awarded for survivors’ mental distress, distress and psychological trauma.
If you wish to pursue financial compensation for the damage to your mental health that has been inflicted by the wrongful death of a loved one, contact an attorney in Texas at Hill Law Firm Accident & Injury Lawyers for a free case evaluation.