As far as personal injuries go, the worst injury one can suffer as a result of someone else's intentional or negligent behavior is death. While the injured party can't file a wrongful death lawsuit, his or her surviving family members can file a suit on behalf of the deceased person, also referred to as the decedent.
A wrongful death lawyer is needed when someone's life has been taken due to negligence.
Although a successful wrongful death suit can't bring the victim back, it can allow the victim's loved ones to receive compensation for their loss.
Damages in a wrongful death suit can include loss of support, any medical and funeral expenses, and the loss of consortium.
The Dallas based law firms consist of attorneys that represent the deceased victim’s case, to ensure that the family receives a fair compensation to move on, however hard it may be.
What is Wrongful Death Law?
Wrongful death law applies in tort cases in which the defendant’s conduct has resulted in the death of the victim, leaving behind surviving family members and dependents who will suffer as a result of the victim’s absence. The purpose of these laws is to compensate the survivors, not the deceased victim. Wrongful death laws are found in modern state statutes. Time limits for filing suit, plaintiff qualifications, and permissible damages vary by state.
Most jurisdictions distinguish between wrongful death and a related claim known as a survivor action. Both causes of action serve the purpose of holding tortfeasors responsible for their conduct when the victim dies.
The difference is that wrongful death cases pay compensation to the victim’s family members for their own damages. They can recover for the loss of financial, emotional, and other support the victim had been contributing to the household.
When is a wrongful death claim applicable?
A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of either negligence or an intentional harmful act on the part of the defendant.
Who can file a wrongful death claim?
A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim.
In Dallas, a spouse may bring a wrongful death action, to the appointed lawyer, on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of their parents.
Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to show that you should be allowed to collect wrongful death damages.
Types of Common Wrongful Death Cases:
The resulting compensation from a wrongful death suit varies but in most cases is greater than an average injury suit. The courts do take into account the suffering people go through after losing a loved one due to negligence.
Oftentimes it hurts more to lose a family member unnecessarily and therefore pain and suffering is awarded to families of the deceased. Other financial losses will also be considered such as hospitalizations as a result of the accident, doctor's bills, loss of wages, future loss of wages and the cost of funeral services. Any financial loss, as well as pain and suffering, should be paid by the negligent parties.
A wrongful death lawyer will fight on behalf of his or her client to win their suit. Experience is necessary in these types of cases as there are many different elements that need to be considered. These type of cases tend to be very complicated which is why having a good lawyer helps victims yield larger settlements.
The settlement can help victim's recoup some losses but also helps bring those responsible for a loved one's death to justice. The best way for victims to determine if they are candidates for a settlement is to contact a lawyer as soon as possible to discuss the case.
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