Who Can File a Wrongful Death Lawsuit?

Thursday, June 25, 2015

“Wrongful death” denotes is a particular type of offense that, while not necessarily criminal, can result in legal action against individuals, companies or government entities. Those who have lost family members in a variety of ways may seek financial compensation from the party whose actions resulted in the death, but they will need the assistance of a wrongful death attorney to help guarantee the successful outcome of their case.

Wrongful deaths actions are usually based on unintentional acts, stemming from the negligent or reckless actions of others. Traffic accidents are the basis of many wrongful death cases, while other lawsuits are related to cases of medical malpractice. Still others result from defective products, including foods and household appliances.

In some cases that are prosecuted as crimes, the responsible party may also held liable for civil damages. A wrongful death attorney can help sort out the facts of such a case in order to assure the proper administration of justice.

In Texas, civil action after a wrongful death is reserved for immediate family members. The spouse, parents and minor or adult children of the deceased individual may file for damages incurred as a result of the loss of their loved one, although this right does not extend to brothers or sisters. If there are no immediate survivors or if surviving family members fail to take legal action within three months of the death, a representative of the deceased person’s estate may seek damages. Compensation can be sought for economic reasons, including financial support for surviving family members, and for personal reasons, including loss of companionship. In some cases, punitive damages may also be awarded.

If you are considering legal action in the wake of a personal tragedy contact the Austin wrongful death attorneys at Terry & Kelly at 512-910-2000 to discuss your case.

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