Without a doubt, the hardest cases to handle as an attorney are cases where someone has lost a life. There’s no verdict, amount of money, or statute that can make losing a loved one any easier. Still, it’s important to understand what exactly wrongful death means and how these cases are handled.
What is “wrongful death?”
Wrongful death is a legal term used when someone is killed due to the negligence or wrongdoing of another individual, company, or entity. In some cases, this death is caused by someone who failed to be cautious or responsible. In other instances, a person may act intentionally to cause someone’s death. In either of these situations, wrongful death is the civil suit brought against individuals that allegedly caused the death of another person.
Wrongful death claims can arise from a variety of situations, including, but not limited to:
- Motor vehicle crashes
- Medical malpractice
- Defective products
- Work-related incidents
- Criminal actions
Whether you’re a careless surgeon or a reckless driver, if your irresponsible behavior leads to the death of another individual, you may face a wrongful death suit.
How does a “wrongful death” suit work?
Many states have different laws that determine who can file a wrongful death suit. In Texas, this can be done by the surviving spouses, children, or parents of whomever was killed. Regardless of who files the suit, they must be able to prove that the accused’s actions were either negligent or intentional.
If the accused party is found guilty, the family may be able to receive compensation for their loss. This could include funeral expenses, medical bills, lost wages, and even pain and suffering. Even if a family isn’t seeking any damages, the case can be a way to hold the guilty party responsible or feel a sense of closure after an awful tragedy.
Wrongful deaths are tragic and heartbreaking, but it’s important to remember that legal action can be taken if someone dies as a result of someone else’s negligence or wrongdoing. If you lose a loved one due to wrongful death, it’s important to speak with an experienced attorney who understands wrongful death law.
This content was written to provide an overview of wrongful death laws in Texas. It is not intended to serve as legal advice. Always contact a lawyer with questions or concerns about wrongful death suits.