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Wrongful Death
A "wrongful death" occurs when a person is killed due to the negligence, actions, or failures of another person or entity, like a business. An action for wrongful death belongs to the deceased person’s survivors, such as loved ones, spouses, or children.
Normally, a suit for wrongful death may only be brought by the personal representative of the deceased's estate. Texas has a civil "wrongful death statute," which establishes the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the deceased's death are also brought by the personal representative.
The damage awards from these actions belong to the estate and loved ones.
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Elements of a Wrongful Death Lawsuit
In order to bring a successful wrongful death cause of action, the following elements must be present:
The death of a human being;
Caused by another's negligence, or with intent to cause harm;
The survival of family members who are suffering monetary injury as a result of the death, and;
The appointment of a personal representative for the deceased's estate.
wrongful death claim may arise out of a number of circumstances, such as in the following situations:
Automobile or airplane accident;
Occupational exposure to hazardous conditions or substances;
Criminal behavior;
Death during a supervised activity, such as on the job.
ay pass to different parties as directed by the deceased's will.
Damages in a Wrongful Death Lawsuit
Financial damages are the main measure of damages in a wrongful death action. Courts have interpreted these damages as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a wrongful death shall be fair and just compensation for the financial injuries that resulted from the deceased's death. If the survivors paid or are responsible for the deceased's funeral or medical care, they may also recover those expenses.
Determining Financial Loss
When determining Financial loss, it is relevant to consider the age, character and condition of the deceased, his/her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the survivors. This determination may seem straightforward, but it often becomes a complicated inquiry, keeping in mind that the measure of damages is actual Financial loss. Usually, the main consideration in awarding damages is the deceased's circumstances at the time of death. For example, when an adult wage earner with dependants dies, the major parts of the recovery are: 1) loss of income, and 2) loss of parental guidance. The jury may consider the deceased's earnings at the time of death, the last known earnings if unemployed, and potential future earnings.
Using Expert Testimony to Determine Financial Loss
Plaintiffs are able to present expert testimony of economists to establish the value of the deceased to his family. Until recently, this testimony was not admissible when a housewife died, but that rule has changed. When the deceased is a housewife who was not employed outside the home, the financial impact on the survivors will not involve a loss of income, but increased expenditures to continue the services she was providing or would have provided if she had lived. Because jurors may not be knowledgeable regarding the monetary value of a housewife's services, experts may aid the jury in this evaluation.
Punitive Damages
Punitive damages are awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, or deter others from behaving similarly. In Texas, depending on your circumstance, it may be possible to achieve punitive damages to punish their actions, and also to send a message to the community to avoid such behavior.
Survival Actions for Personal Injury
In addition to damages for wrongful death, the survivors may be able to recover damages for personal injury to the deceased. These are called "survival actions” for the survivor’s loss, both emotional and financial.
Getting Help
If a loved one has dies after an accident or injury caused by the negligence or misconduct of another individual, company or entity, you may be entitled to bring a legal action for wrongful death against those responsible. Especially in light of time deadlines for filing such a lawsuit, you should contact the experienced personal injury attorneys of Sablatura Williams PLLC as soon as possible. |
