Texas Wrongful Death Law : What makes a death a wrongful death?
A wrongful death lawsuit can be filed by some surviving family members or beneficiaries when a victim is killed due to another person’s negligence. The laws surrounding these accidents are part of the Texas wrongful death statute. The Texas wrongful death law firm is here to help you understand wrongful death claims. In order for a wrongful death lawsuit to be filed, four conditions must be met:The defendant must be the proximate cause leading to the victim’s deathThe defendant must have been careless or negligent with the victim’s well-being, either knowingly or unknowingly. Monetary loss must have been sustained by the plaintiff. There must be some surviving family member, dependent, or beneficiary to receive compensation for the victim’s death
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There are some additional limitations on when a wrongful death claim can be filed and who can file it. For instance, a wrongful death claim must (in most cases) be filed within two years of the victim’s death. Some family members cannot file a wrongful death claim, such as aunts or uncles. There are also limits on how much money can be recovered in some lawsuits.
When calculating damages for a wrongful death claim, there are two types that must be considered: compensatory damages and punitive damages. Compensatory damages are meant to compensate surviving family members for the loss of their loved one. These damages can include medical and funeral expenses, lost future income, and mental or emotional anguish. Punitive damages, on the other hand, are designed as punishment for the defendant’s negligence and they are awarded at a judge’s discretion.
As you can see, wrongful death lawsuits are very complex. Without the help of an experienced Texas wrongful death law attorney, you may have difficulty securing an adequate settlement. But our offices have been helping families file wrongful death claims for twenty years and we know how to overcome the many difficulties you will likely face in this lawsuit. If you have lost a family member to someone else’s negligence, contact the Texas wrongful death lawsuit settlement lawyers at our firm and get the compensation you deserve. Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construciton Accidents – Boating Accidents – Premises Liability