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Wrongful Death Claims: Who Can be Sued?

      Each year, over 120,000 accidental deaths occur across the United States, making unintentional accidents the fifth leading cause of death in adults.  A wrongful death is defined as any death caused by:

  • Negligence
  • A wrongful act
  • Unskillfulness
  • Default
  • Carelessness of another

      Wrongful deaths can occur in a wide variety of circumstances, including:

  • Automobile accidents
  • Truck accidents
  • Defective products
  • Medical malpractice
  • Workplace accidents
  • Slip and falls
  • Pedestrian or motorcycle accidents
  • Drowning
  • Unintentional poisoning
  • Much more

      Wrongful death lawsuits are actions brought by the spouse, parents, or children of the deceased.  In this action, the loved ones of the deceased seek to obtain compensation from the wrongdoer for the damages they have incurred.  Family members as well as the deceased’s estate will receive the damages.

Defendants in a Wrongful Death Lawsuit

      Plaintiffs can bring wrongful death actions against a wide variety of persons, corporations, and government entities as well as employees.  For instance, in a car accident involving a drunk driver and a defective roadway, the wrongful death action would likely include defendants such as:

  • The at-fault driver;
  • The builder or designer of the roadway;
  • The government agency that failed to provide adequate warnings as to the road hazard that caused the accident;
  • The individual sold, served, or provided alcohol to the intoxicated driver;
  • The owner of the premises where the alcohol was served; or
  • The manufacturer, installer, or distributor of a dangerous or defective part of the vehicle.

      As you can see, dependent upon the facts of the accident, multiple parties may be joined in the wrongful death action.  Nearly any individual or entity can become the defendant if they may have shared in liability for the accident that took your loved one’s life.

Government Agencies and Employees

      When the defendant is a government entity or government employee, unique issues may arise.  Certain persons and government agencies may be immune from wrongful death lawsuits.  This means that they cannot be sued for wrongful death. 

      Immunity laws vary from state to state and can be rather complex. Recent federal laws have offered some protection to railroad employees and the makers of medical devices as well as drug manufacturers in some instances.

      Your wrongful death attorney will analyze your accident and assess what parties may be held accountable.  He or she can walk you through possible immunity issues and fight to ensure the right parties are made defendants in your action so that you achieve the best possible recovery.

Significant Damages are Available

      Wrongful death actions can encompass significant damages, including economic, non-economic, and punitive or exemplary damages.  You could receive compensation for your loss of the deceased’s income, support, companionship, pension plans and medical benefits, savings, and much more. 

Zinda Law Group:  Exceptional Representation for the Family Members of Those Killed Due to Negligence 

      Nearly anyone can become a defendant in a wrongful death suit.  Often, wrongful death defendants will have massive defense teams fighting to minimize payouts.  The Texas Wrongful Death Attorneys at Zinda Law Group offer wrongful death plaintiffs the experienced and skilled representation they need to obtain the results they desire. 

      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 knowledgeable wrongful death attorneys.