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What is Wrongful Death?

Wrongful death is a type of personal injury case in which the results of an accident were a worst case scenario. This is when the life of an individual is lost as a result of the incident. It is caused by a willful or negligent act of another person and is a situation that could have been avoided if the responsible party had been cautious. A case may be taken out both when the act was intentional or unintentional. The wrongful death case is a part from a criminal trial so those accused may face additional penalties.

In a wrongful death case, the loved ones of the individual who was lost may have a case for compensation. Damages can include seeking funeral expenses, loss of inheritance, mental anguish, the medical costs for the care prior to losing the individual and the lost income if they were a main earner for the family. These cases were originally for widows and orphans, but the guidelines of who can file differ state by state. In Texas, the statutes state that action can be brought by a surviving spouse, children or the parents of the individual who was lost.

Either of these three can seek a case for themselves or they may do it for the benefit of them all. The action should be sought within three months of the time of the accident, or the court may seek action, unless they are told otherwise by all three individuals. A wrongful death case can in no way replace what was lost, but it can provide grieving family members with some form of justice and the financial compensation they are in need of. Allow our Dallas personal injury attorney to review your case to let you know how we can help.

Categories: Wrongful Death


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