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All About Wrongful Death Lawsuits

By Cristiana , in Law , at July 27, 2023

If a person passes away following the negligence of another individual, the family members may file a wrongful death lawsuit. These are lawsuits in which family members can collect compensation for their loved one’s losses including medical expenses, funeral expenses, and lost wages. However, in order to file such a lawsuit, you must first search for a wrongful death attorney in Houston,TX or another area. The statutes of limitations will vary depending on the state in which you reside, but they were put in place to provide family members with the financial support they need.

Suing for Wrongful Death

Every state will provide family members, including children, spouses, and parents with recovery efforts for wrongful death claims. As mentioned earlier, depending on the state you reside in, the statutes may differ from the next regarding inheritance. Typically, wrongful death lawsuits are brought by an attorney for the estate of the deceased.

wrongful death attorney may sue for pain and suffering, medical expenses, injury, and other expenses that have accumulated prior to the decedent’s death.

Depending on the state you reside in, there are certain individuals who are allowed to file a wrongful death lawsuit.

  • Immediate family members- This normally includes children, spouses, and parents of unmarried children. They can all collect compensation for their loved one’s passing.
  • Financial dependents, putative spouses, and life partners- In certain states, a domestic partner, or any other individual who was dependent financially on the deceased, may be eligible to collect compensation.
  • Distant family members- There are certain states that make it possible for distant family members, including grandparents and siblings, to collect compensation for a wrongful death lawsuit.
  • Parents of a deceased fetus- The death of a fetus, in certain states, can be grounds for a wrongful death lawsuit. There are some instances, in other states, in which the parents can sue only if the child was born alive and then passed away.
  • Individuals suffering financially- Any person that is suffering financially following a wrongful death, may be entitled to receive compensation for loss of support. They do not have to be related to the deceased.

Proving a Wrongful Death

There are several things that must be shown in order to win a wrongful death lawsuit:

  • The passing of an individual
  • The death was caused by the negligence of another person or with the purpose to cause harm
  • Surviving family members are suffering monetary injury resulting from their loved one’s passing
  • An attorney or personal representative that has been appointed for the estate of the decedent

Hiring a Wrongful Death Attorney

If you are considering filing a wrongful death lawsuit following the passing of a loved one, it may be beneficial to contact an experienced attorney. They can discuss your case with you and explain your options.

Wrongful death claims are sometimes difficult, especially when it comes to proving fault. However, a personal injury attorney can investigate and put the missing pieces of the puzzle together to recover damages from the defendant. Either way, the goal of a personal injury attorney is to ensure that you receive the best results and outcome.

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