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Texas Wrongful Death Attorneys Define a Wrongful Death

      The loss of your loved one due to the actions of another is one of the most difficult things anyone will ever have to endure.  This untimely death often leaves families reeling, emotionally and financially.  Anyone who has lost a loved one due to the actions of another should be aware that they may the right to recover from the wrongdoer for their loss.  Compensation can help to relieve some of the financial stress of the loss, though it can never heal the wound.

What is a Wrongful Death?

      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. 

Types of Wrongful Death Cases

      The definition of a wrongful death can encompass many circumstances.  Some common types of wrongful death cases that arise in Texas include automobile, truck, and motorcycle accidents, workplace accidents, slip and falls, defective products, medical malpractice, unintentional poisoning, and drowning.  Unintentional accidents and injuries are recognized as the fifth leading cause of death in the United States, inflicting 120,000 deaths a year. 

What is a Wrongful Death Claim?

      A wrongful death claim is an action brought by the spouse, parents, or children of someone killed in an accident.  The wrongful death act allows family members to obtain compensation from the party that wrongfully killed their loved one.  Family members as well as the deceased individual’s estate can collect damages if the suit is successful. 

Damages Available in Wrongful Death Case

      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, and are awarded to punish the wrongdoer and prevent future misconduct.

Do Not Delay in Pursuing Your Wrongful Death Case

      After the death of your family member, you will likely be distraught and stressed.  The last thing on your mind may be pursuing a claim against the negligent party responsible for the death.  However, it is important that you know you do have a limited time within which to pursue a wrongful death action. 

      All wrongful death claims are subject to the statute of limitations, which defines how long you can wait to bring an action.  In Texas, the statute of limitations is generally two years and will run from the date of the death of your spouse, child, or parent.  Accordingly, it is important that you consult with an experienced wrongful death attorney as soon as possible to protect your legal rights.

Zinda Law Group:  Justice After the Loss of Your Loved One

      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 understand the devastation, sadness, anger, and financial turmoil that can stem from the unexpected death of a loved one. 

      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.  Call Zinda Law Group toll free at 800-863-5312 to schedule your free consultation with one of our experienced wrongful death attorneys.



 

800-863-5312