Lenahan Law Firm Articles Texas Wrongful Death Suits

Texas Wrongful Death Suits

By Lenahan Law Firm  Jan. 6, 2011 3:50p

A wrongful death lawsuit is an action taken against an individual or other party, claiming that the death was a result of either negligence or recklessness on behalf of the entity being sued. In which case, the victim's surviving family members are entitled to monetary damages as a result of their family member's "wrongful death."

Every state has passed wrongful death laws that are intended to provide financial compensation for the family members who are adversely affected by the death of the victim. In addition, these laws are meant to be an incentive for individuals and corporations alike, to act in a safe and careful manner. A wrongful death claim incorporates four specific elements.

  • The death was caused in whole, or in part by the negligent or careless actions of the defendant
  • The defendant was liable for the victim's death
  • There is a surviving spouse, children, beneficiaries or dependents
  • Monetary damages have occurred as a result of the death

In a wrongful death suit, there are two types of damages that are awarded. They are compensatory and punitive damages. Compensatory damages cover medical and funeral expenses, loss of future income, and loss of companionship, whereas punitive damages are meant to punish the defendant for their reckless actions. These damages are awarded by the jury and are dependent on the particular actions committed by the defendant.

There are specific limitations on wrongful death actions, such as who can bring a wrongful death action. In addition, there is a statute of limitations for filing a wrongful death suit. If you have lost someone you love as a result of a wrongful death, a Dallas attorney from the Lenahan Law Firm can help. We can go over the details of your case in order to give you a clearer perspective as to what your next plan of action should be.

Contact a Dallas Wrongful Death Lawyerfrom our firm today for a free case evaluation.

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