What is Wrongful Death? Legal dictionaries define it as “the taking of the life of an individual resulting from the willful or negligent act of another person or persons”.
Who can file a Wrongful Death lawsuit?
State Statutes govern who can and cannot file a Wrongful Death suit, some states provide that the surviving spouse, children, next of kin, or the Estate of the deceased are entitled to pursue compensation.
Examples of Wrongful Death are death from a fight or altercation, a driver of an automobile who unintentionally caused the death of another person, medical malpractice, or a death caused by the failure to enclose a swimming pool. Keep in mind that a Wrongful Death lawsuit is separate from any criminal charges a person may face; it is a civil case that is filed for acts of a person or persons, either intentional or unintentional, that caused the death of another person.
In Texas, the Statute of Limitations to file a Wrongful Death lawsuit is two years from the date of death. The right Wrongful Death Attorney can assist with gathering evidence, requesting medical records, navigating, and understanding a fair settlement. This may include compensation for pre-death pain and suffering, medical costs, funeral and burial costs, loss of expected income, and/or loss of consortium.
Filing a Wrongful Death lawsuit may be the last thing on your mind, but the Statute of Limitations can prevent you from filing your claim at a later date and getting the compensation you deserve. All wrongful death cases accepted by my office are on a contingency basis, this means you pay nothing unless we win or settle your case. Costs and fees are taken from the settlement, verdict, or court award.
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