Wrongful Death Suits in Texas

Unfortunately, in some cases, personal injury can be severe and result in death. Losing a loved one becomes even more difficult to cope with when your loved one's life is unexpectedly taken and the circumstances causing death might have been prevented. Whether your loved one lost their life by an 18 wheeler accident, through medical neglect or any injury related incident, you have the right to seek compensation for the pain and suffering you must endure as a result of someone else's negligence. We strongly encourage you to speak to an experienced wrongful death attorney. Your attorney should properly advocate for your family's rights and provide the best possible advice/outcome for survivors

What Is a "Wrongful Death" Suit?
A wrongful death suit is a civil action which charges another with being liable for injury resulting in another's death by reason of negligent actions or a failure to act which could foreseeably result in death. The plaintiff (the executor or administrator of the estate of the decedent, family member, or spouse) must prove that the decedent would not have died but for the negligence of the defendant. In Texas, wrongful death suits exist because the Legislature has passed a law permitting them, and so these suits are controlled by and limited by this law.

Does Every Death Result in a Lawsuit?
Of course, not every accidental death case results in a successful claim. However, you're strongly recommended that you discuss your wrongful death claim with an experienced Austin personal injury attorney. This consultation is will help you understand in which of the following areas you may be able to receive compensation such as: your loved one's pain and suffering before death, a lifetime of lost earnings, medical expenses , property damage, death, loss of consortium (spousal services) and/or punitive damages.

Who Can Recover in a Wrongful Death Suit?
A wrongful death suit is intended to compensate a surviving spouse, next of kin, or children of a person who is unexpectedly killed. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to the surviving spouse, children and/or parents had he or she survived. Compensatory damages, which are intended to make restitution for the amount of money lost, are the most common damages awarded in wrongful death actions. If you prevail in a wrongful death suit, you may recover medical and funeral expenses in addition to the amount of economic support you could have received if the decedent had lived and, in some instances, a sum of money to compensate for grief or even companionship. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.


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Wrongful Death Claims - Determining Damages and Legal Rights

Wrongful death situations can be extremely difficult to deal with. Coming to terms with the loss of a friend or family member is difficult no matter what the circumstances, but to have to consider the event was caused by the negligence or wrongdoing of another person or company can make the situation all the more tense and heated.

Whether you are currently embroiled in a wrongful death encounter or simply wish to learn more about the legal aspects of such a case, it is wise to do as much research as you can and come in contact with the best wrongful death lawyer available in your area.

In order to better understand when wrongful death is an appropriate descriptor for a fatality, let's look at some of the criteria and circumstances where it can occur.

When is it Wrongful Death?
For a situation to be deemed 'wrongful death', there has to be an outside party that is particularly responsible. This responsibility can come in the form of negligence or direct action taken to harm the victim.
One interesting factor for wrongful death cases is that not only individuals are liable, but companies as well. For example, there are multiple precedents in the past where victim's families sued tobacco companies for not properly warning users about the lethality of their product.

Similarly, if a company were to consciously make decisions to neglect safety precautions on the job, or otherwise provide serious hazard risks at work, wrongful death could be brought into consideration.
When it comes to one individual vs another, the circumstances are generally much more direct. Whether that individual is a coworker, friend, or stranger who's actions caused the victim harm, individuals are liable for the results of their actions.

What Kind of Damages Are Available?
Most wrongful death suits are used to determine pecuniary loss. This is mostly to determine what kind of wages the victim would have earned to support family members, or what prospects he/she might have had that loved ones are now entitled to.

If the circumstances of the death were particularly aggressive or malicious on the account of the guilty party, the family may also sue for punitive damages. This is much more rare and every state has their own set of rules in determining punitive damages.

What Legal Rights Do Loved Ones Have?
It can be difficult to determine what rights the family has to sue without specific knowledge of the case. Therefore, it is important to collect as much evidence and as many witnesses as possible. The family should contact a skilled wrongful death attorney in their area as quickly as possible, as there are certain time restrictions on what kind of lawsuits can be brought to court.

Remember, every state in the U.S. has different specific rules on the books for what kind of remuneration can be pursued and what actions should be taken by the victim's surviving loved ones. Find an attorney who will consult your case (preferably for free) to determine how you should proceed.


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About Wrongful Death

Losing a loved one is always hard. It can be particularly difficult to cope with this situation if the death was the result of another person's malicious intent or negligence, and was therefore avoidable. Such a fatality is known as "wrongful death," and if someone close to you has suffered such a casualty, then you have the right to claim damages for your tragic loss.

Causes
Wrongful death, unfortunately, can result from a number of different accidents and situations. Some of the more common causes of this phenomenon include the following:
·         Motor vehicle accidents
·         Assault and attacks
·         Criminal behavior
·         Medical malpractice
·         On-the job exposure to dangerous chemicals or situations
If someone you love has been a victim of wrongful death, then you have the right to make a claim against the person responsible for your devastating loss.

Elements of a Successful Case
In order to bring forth a successful claim, you need to prove that the following elements are all present:              
·         Someone close to you has died
·         This death was caused by another person's negligence or malicious intent
·         You, as a family member, suffered damages as the result of this death
·         A personal representative has been appointed to represent your lost one's estate
Wrongful death claims can be extremely hard on family members because, aside from experiencing their unfortunate and unexpected loss, disputes may also arise among them about the distribution of the incurred damages. With the help of a capable attorney, however, you can entrust that the monetary side of the situation will be taken care of as it should.

Damages Collected in a Wrongful Death Claim
In wrongful death situation, all beneficiaries (family members) of the deceased have likely suffered a great deal of damages. When you make your claim, you may be able to recover compensation for the following losses:
·         Medical bills
·         Funeral bills
·         Loss of future wages of the deceased
·         Loss of companionship
·         Loss of benefits
Because these cases can be very complicated, you will need the help of a skilled and experienced attorney to help you claim all of the compensation that you deserve.


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Ins and Outs of Wrongful Death Law

A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.

This type of claim is different from a normal negligence lawsuit, which is filed by the person injured for the resulting damages. Originally under "common law" (the general legal principles passed from England to the United States over hundreds of years), a wrongful death claim did not exist based upon the reasoning that the claim died with the victim where there was no way to compensate him for damages.

The surviving family members then could not claim damages from the person who caused the victim's death. Over the years, all states have passed "wrongful death statutes" that provide compensation for persons who may have been damaged from the death of the victim as well as an incentive to act carefully and safely. Today, all states have some form of a wrongful death claim action in force.

While state "wrongful death statutes" were drafted independently of each other and are often unique, they all follow the same general principles. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim's death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim's death.


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Compensatory Vs Punitive Damages in Wrongful Death Compensation

When negligence results in an accident that leads to a person's death, the surviving relatives and dependents of the victim may claim wrongful death compensation. In the state of Massachusetts this compensation can be claimed by filing Massachusetts wrongful death lawsuits.
The value of the damages which may be claimed is estimated in different ways. One way is to compensate for the expenses incurred as a result of the victim's death. Punitive damages are meant to punish those responsible for their negligent or intentional acts when the circumstances surrounding the negligence are extreme in nature.

Compensatory Damages
Compensatory damages in Massachusetts wrongful death lawsuits may include:
• The costs of medical care;
• The costs of the funeral and burial;
• The loss of income, including future earnings, wages, salary, and benefits that otherwise would have been realized;
• The loss of family relations such as love, protection, guidance, and companionship;
• The loss of services such as child care, shopping, transportation, and home maintenance;
• Compensation for any pain and suffering that was caused by medical negligence.
In order to receive wrongful death compensation, the plaintiffs must prove the value of the damages by providing evidence in court. This evidence may be in the form of receipts for the services and products that were paid for, or testimony from relatives, friends, experts and medical professionals.

Punitive Damages
In Massachusetts wrongful death lawsuits, punitive damages may be awarded by a judge or jury in addition to any compensatory damages. This may be imposed in whatever amount a judge or jury sees fit, based on the evidence provided and the particulars of the case. This is meant to punish the offense of medical negligence, and discourage similar negligence in the future and is only applied in cases where extreme negligence has taken place.

Limits on Damages
Because some states felt that punitive damages were being awarded too frequently and excessively, they've place limits on the amount of money that a plaintiff can receive. To find out the rules and limits on wrongful death compensation in Massachusetts, you can seek the expertise of a Massachusetts wrongful death lawyer.

If you have been seriously injured as a result of someone else's negligence in Massachusetts, visit [http://www.tomkileylaw.com/swat/index.cfm] to learn about your rights and options under the law.

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Wrongful Death Lawyer - Do You Have a Legitimate Case?

There are some instances when a person will think that they have a wrongful death case and will consult with a Chicago wrongful death lawyer, only to find out the case has little merit. A death lawyer will only take on case he has a fair shot at winning - that is because most Chicago death attorneys handle cases on a contingency fee basis. If a death lawyer accepted every case that came in his or her door, they would soon be bankrupt from the expenses associated with losing cases. There are many contexts in which a viable death action may arise -- the following are four such contexts:

1. Medical malpractice -- this can come in the form of a doctor or hospital's failure to diagnose a disorder, patient neglect by a hospital or nursing facility, improper treatment, negligence during surgery, and a variety of other contexts. Medical malpractice actions resulting in death are extremely difficult and complicated, requiring an experienced attorney on your behalf.

2. Motor vehicle accidents -- car, motorcycle and truck accidents often result in catastrophic injury or death. Almost always, fault can be assigned to one of the drivers or to problems with one of the vehicles. Additionally, there are often pedestrian fatalities who may have viable death actions.

3. Mass transit accidents - airplanes, trains, buses, etc. In addition to the considerations that apply to motor vehicle accidents, public transportation involves "common carriers" - and a higher duty of care is owed to consumers.

4. Premises accidents - construction site deaths, falls, explosions, etc. Death occurring on someone's property due to an unreasonably dangerous condition often triggers a viable wrongful death action.

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Damages in Wrongful Death Claims

Wrongful death claims occur, as the name suggests, when a person is killed through the wrongful conduct of a person or company. When proved, the issue of what damages can be claimed are critical.
What is a wrongful death case? It is a civil action to prove the death of a person was caused by negligence, intentional conduct or some other cause that gives rise to liability under the law. The action is not a criminal matter, to wit, nobody goes to jail. Instead, it is focused on proving fault and then awarding damages to the injured parties for the untoward conduct.

A classic wrongful death case is one involving medical malpractice. A person goes in for surgery and dies during it. A medical malpractice wrongful death claim is filed arguing that some tortuous action of the doctor or hospital caused the death. In turn, the defendants argue that it was a tragedy, but they are not at fault. Assuming the jury finds for the plaintiff, the issue of damages is then considered.

What are damages? They are the losses suffered by a party because of the action of another. The awarding of damages is primarily designed to "make the damaged parties whole." This essentially means to reimburse them in a manner that will return them as close as possible to their normal state of being prior to the incident.
In wrongful death cases, there are a host of damage claims that can be made. The first is pain and suffering for what the deceased experienced between the liable act and the time of death. The second is to cover their medical and burial costs. From there, the awards shift to the immediate surviving family members. This can include loss of financial support, parenting training and guidance for kids, loss of companionship for a spouse and so on.

Wrongful death cases are centered on showing liability. Once that occurs, the damages are usually very large because the loss of income, for example, with a decedent who had 25 years before retirement can be huge. That doesn't really make up, however, for that loss of that person.

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