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Texas Wrongful Death Attorneys Answer: What is a Wrongful Death Claim?

      When an individual dies due to the fault of another person or entity, the survivors may be able to bring a wrongful death claim against the at-fault party.  Wrongful death suits seek compensation for the losses sustained by the survivors, including lost wages from the deceased, funeral expenses, and loss of companionship.  The following is an overview of wrongful death claims, addressing what they are and who can bring this important claim.

What is a Wrongful Death Claim?

      Texas Civil Practice and Remedies Code Title 4, Chapter 71 defines wrongful death claims in the state.  According to this law, an individual’s death will be considered wrongful if it was caused by a person or his agent’s wrongful act, negligence, unskillfulness, carelessness, or default.  The family members of those wrongfully killed can bring a claim to recover for the damages they have sustained as a result of the loss.

      Types of wrongful death cases encompass automobile and truck accidents, slip and falls, medical malpractice, defective products, and much more.

Who Can Bring a Wrongful Death Claim?

      Each state sets its own requirements for eligibility to bring a wrongful death suit.  In Texas, the surviving spouse, children, and parents of the deceased are all eligible to bring a wrongful death action.  These individuals can bring the action together or separately.  If none of the eligible individuals have initiated the action within three months of the family members death, the executor or administrator of the estate can bring the action, unless specifically requested not to by eligible family members. 

Who Can be Sued for Wrongful Death?

      Wrongful death claims can be lodged against a wide range of individuals, companies, and government entities.  Defendants commonly include automobile drivers, the makers of defective products, the owners of a premise that served the drunk driver, and government agencies that failed to install adequate warning signs. 

Types of Damages Available in Wrongful Death Cases

      A person or group of family members successful in bringing a wrongful death claim may be awarded actual and exemplary damages.  Actual damages can include:

  • Financial losses, such as the loss of the deceased’s earning capacity and the value of the deceased’s support, services, maintenance, care, and counsel that he or she would have provided to family members.
  • Mental anguish, including emotional pain and suffering due to the death of your family member.
  • The loss of intangible benefits flowing from the deceased individual, such as comfort, love, companionship, and society.
  • Loss of inheritance that the deceased individual would have saved to be passed down to the family if he or she had lived a normal life expectancy.

      Exemplary damages are also known as punitive damages. These damages may be awarded when the conduct of the at-fault party is particularly egregious.  Exemplary damages are awarded to punish the wrongdoer and prevent future misconduct.

Zinda Law Group:  Aggressive Wrongful Death Attorneys

      The loss of a loved one due to the actions or inaction of another is devastating.  If you have lost a loved one due to the negligence of another, the Texas Wrongful Death Attorneys at Zinda Law Group can help.  We will fight to see that you obtain a full recovery from the at-fault wrongdoer and justice is achieved for your lost loved one. 

      Our wrongful death clients will often receive awards for emotional pain and suffering, loss of income, loss of inheritance, funeral and burial expenses, and exemplary damages.  Call Zinda Law Group toll free at 800-863-5312 to schedule your free consultation with one of our experienced wrongful death attorneys.