Wrongful Death Lawyers in Irving
A wrongful death suit can be filed when a loved one has died due to intentional acts, omissions, or gross negligence of another. Wrongful death can occur as a result of car accidents, medical malpractice, construction accidents, fires and explosions, cancers caused by asbestos, electrocutions, farming accidents, etc. When a wrongful death occurs, the heirs, beneficiaries, or dependents of the deceased, have a right to recover monetary damages for the loss of their loved one.
Elements of a Wrongful Death Lawsuit
To bring a wrongful death suit, the following facts must be supported:
- That the death of your loved one was caused, in whole or in part, by the intentional acts, omissions or gross negligence of another;
- That the person, or the entity such as a company or corporation, was liable for the death of your loved one;
- That there are surviving heirs or beneficiaries to the estate of the deceased, or there are dependents of the deceased; and
- That monetary damages have arisen from the death of your loved one.
Factors to Consider
Under Texas law, a number of factors will be taken into consideration when a wrongful death claim is being adjudicated. These will often include the actual expenses that were incurred plus any future benefits that may have been lost.
- The degree of negligence on the part of the defendant to the suit;
- The medical costs incurred prior to the death of the decedent;
- The property damage that arose as a result of the accident or injury;
- The pain and suffering endured prior to death;
- The cost of the funeral and burial;
- Whether the heirs, beneficiaries or dependents depended on financial support from the decedent
- What future monetary benefits were lost to the heirs, beneficiaries, and dependents upon the decedent’s death.
Damages That Can Be Recovered
Wrongful death lawsuits are intended to compensate the heirs and beneficiaries for the loss of society and companionship, pain and suffering, and financial loss that occurred as a result. Common damages that may be awarded include:
- Medical expenses
- Funeral expenses
- Loss of future income
- Mental anguish and suffering
- Non-economic damages to compensate for the loss of love, society, and companionship
- Pain and suffering experienced by the decedent prior to his/her death
- Payment for future services normally provided by your loved one
- Compensation for property damage when applicable
- Punitive damages if criminal negligence was involved
Zinda Law Group Can Help
If you have lost a loved one due to a wrongful death, the personal injury attorneys at Zinda Law Group want to help you get the benefits that you are entitled to. We offer free consultations and can take your case on a contingency fee basis. That means you will pay nothing unless we recover for you. Give us a call today and speak with an experienced and knowledgeable attorney about your case.