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When the willful acts, omissions, or gross negligence of another are the proximate cause of someone’s death, then a wrongful death suit can be filed. Death resulting from an auto accident, medical malpractice, workplace or industrial accidents, maritime or construction accidents, defective products, mesothelioma, and many other situations are often actionable. When death does occur, a cause of action can be brought whether the wrongful death occurred due to an intentional or unintentional act, and regardless of whether criminal charges are filed against the person who caused the death. The Waco wrongful death lawyers of Zinda Law Group are here to help your family during this difficult time. Our attorneys can file a wrongful death claim on your behalf and seek compensation while you focus on family and healing. Call us today at 800-863-5312 to get answers and help with a free attorney consultation.
Who Can Sue?
If a person dies because of the wrongful act of another, then their heirs and beneficiaries may sue in a court of law with the help of a Waco wrongful death lawyer. This includes a surviving spouse, the next of kin, or the children of the deceased.
When a death is caused by a family member, they are protected from a lawsuit being brought by other family members under the Doctrine of Family Immunity. This doctrine’s intent is to promote family harmony and to prevent family members from conspiring with each other to defraud insurance companies. Because the strict application of this doctrine often prevented innocent children from legitimately pursuing a claim, many states provide an exception for minor children or allow an adult child to sue a parent.
Another exception applies to wrongful death lawsuits against the government. A cause of action against the government can go forward only if the state has waived its sovereign immunity (a doctrine barring lawsuits against government entities). In states that allow wrongful death lawsuits to go forward against the government, there are usually strict notice requirements that must be met.
What Damages 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 of the accident. Common damages that may be awarded include:
- Medical expenses
- Funeral expenses
- 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
- Loss of future income
- Compensation for property damage when applicable
- Punitive damages if criminal negligence was involved
If you have lost a loved one, the Waco wrongful death lawyers at Zinda Law Group want to help you. We offer free consultations and take cases on a contingency fee basis – which means you pay nothing unless we recover for you. Give us a call at 800-863-5312 and speak with an experienced and knowledgeable attorney today.