Wrongful death refers to a legal claim against a person or entity whose negligent or intentional actions resulted in someone’s death. This claim is typically brought by the deceased’s family members or estate. It seeks compensation for losses such as funeral expenses, lost income, loss of companionship, and emotional suffering. Wrongful death can arise from various situations, including medical malpractice, motor vehicle accidents, workplace incidents, or criminal acts. It serves as a means for the affected family to obtain financial relief and hold the responsible parties accountable for their actions.
Wrongful Death Lawyer in Houston, TX
When a family member dies from injuries sustained in an accident caused by another party, State law allows the victim’s family to file a wrongful death lawsuit to seek the financial justice and security they need. The law understands that no amount of money will ever make up for a loved one’s death but ensures that the at-fault party is held liable for their actions, even when those actions do not warrant criminal charges.
The following are some of the most frequently asked questions regarding wrongful death claims. For more information, contact an attorney, like a wrongful death lawyer in Houston, TX, today.
What is a wrongful death?
The law defines a wrongful death as one that is caused by the negligence, recklessness, or other misconduct by another party or parties. A party can be an individual, company, or other type of entity. A wrongful death lawsuit is filed in civil court by the survivors of the victim or the executor or representative of the victim’s estate. A wrongful death lawsuit seeks financial compensation for the losses the victim’s death has caused the family.
What are the different types of wrongful death cases?
There are many different types of wrongful death cases. The following are just some examples of the types of wrongful death cases our wrongful death attorneys from John K. Zaid & Associates have handled:
· Car accidents
· Truck accidents
· Motorcycle accidents
· Pedestrian accidents
· Bicycle accidents
· Mass transit accidents
· Workplace accidents
· Medical malpractice
· Premises liability
· Product defects
· Construction accidents
· Criminal acts
· Nursing home abuse
Who can file a wrongful death lawsuit?
Each state has its own laws regarding wrongful death lawsuits, including who can file. Generally, there are different levels of interest that each state sets when it comes to survivor order. Immediate family members are first in the legal line of who can file a wrongful death lawsuit. This includes spouses, children, adopted children, grandchildren, and parents. Secondary family members are considered siblings, nieces and nephews, grandparents, aunts, uncles, and cousins. There may also be representatives of the victim’s estate who can file in order to benefit the estate. Any damages awarded in the lawsuit would then be distributed to heirs per the terms of the will, once all the victim’s final debt was settled.
What are the damages that can be pursued in a wrongful death lawsuit?
Medical expenses: Any medical expenses incurred trying to save the victim’s life, including ambulance transfer, emergency room treatment, hospitalizations, surgeries, medication, and more.
Funeral and burial expenses: All costs associated with funeral costs including caskets, cremation, cemetery plot, and more.
Loss of income: If the victim was a primary wage earner for the family, the survivors can pursue the expected future wages and benefits the victim would have provided. Benefits include health insurance, pension plans, and retirement plans.
Pain and suffering: These damages are for the mental anguish the survivors must deal with because of the victim’s death. It can include loss of care, loss of companionship, loss of guidance, loss of advice, and more.
Punitive damages: When there was criminal negligence involved in the victim’s death, the family may also be awarded punitive damages, which serve to punish the at-fault party.
Contact John K. Zaid & Associates for their insight into wrongful death.
