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Do I have a Case?

The event of a loved one’s passing, in whatever way it happens, is never easy. However, it is even more difficult when that loved one perished as the result of negligence or misconduct. Wrongful death suits are cases in which an individual dies or is killed due to the misconduct of another, and a member of the family sues for recompense. Often following a criminal trial, wrongful death lawsuits rely on similar evidence as a criminal trial but require a lower margin of proof. In any case, an individual found legally responsible for wrongful death of another may or may not be convicted of an actual crime tied to the death.

If an individual wishes to pursue a claim for wrongful death, he or she must be the personal representative of the deceased’s estate. Additionally, cases for personal injury, suffering, conscious pain, and expenses acquired as a result of the decedent’s death must also be requested by the personal representative.

Factors Meriting a Wrongful Death Lawsuit

As painful as the process is, the passing of every individual does not qualify as a wrongful death case. In order to be considered a suit for wrongful death, the following factors must be present:

• The death of a human
• Cause of death caused by another individual’s negligence or intent to harm
• Monetary suffering and injustice of the deceased’s surviving family as a direct result of the passing of the individual
• An established personal representative of the deceased’s estate

Consideration of Wrongful Death Claims

A number of typical circumstances merit wrongful death claims. Common events associated with wrongful death claims include:

• Medical malpractice resulting in the patient’s death
• Automobile or plane accident
• Exposure to hazardous conditions or substances on the job
• Criminal activity or behavior
• A supervised activity resulting in death

One of the main considerations involved in determining the damages in a wrongful death action is that of financial injury, or pecuniary injury. This determination most often includes the loss of support, lost potential inheritance, as well as medical and funeral expenses. Most laws and court systems rule that the damages awarded in a wrongful death case be fair and just compensation in accordance with the pecuniary injuries resulting from the death.

Factors considered when determining pecuniary loss include the following considerations of both the decedent and the distributees:

• Age
• Character and condition
• Earning capacity
• Life expectancy
• Health and intelligence
• Additional circumstances (financial and physical)

With so many factors involved, determining the validity of a wrongful death claim is often difficult and complicated. The knowledge garnered by an experienced, educated attorney is often a valuable benefit to seeking compensation for the loss of a loved one in such as case. If you or a loved one has been affected by a wrongful death case or another form of personal injury, consider contacting Zinda Law Group Personal Injury Help. The attorneys and counselors that are a part of Zinda & David are experienced with all different types of personal injury inquiries in the Dallas and surrounding area and can help you get the most of your claim.

 



 

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