Wrongful death lawsuits

February 03, 2011 @ 04:50 PM -- by
Tagged with: Wrongful Death

As a Corpus Christi wrongful death lawyer, it is important to explain some of the issues involved in a wrongful death lawsuit. These suits are civil actions (as opposed to criminal) which charge another person, company or entity with being liable for the injury which results in the plaintiff’s death because of negligence or a failure to act. The plaintiff (who is the executor or administrator of the estate of the deceased) must show that the decedent would not have passed away but for the defendant’s negligence. In Texas, wrongful death suits happen because the Texas Legislature has passed a law allowing them. As such, this wrongful death statutes controls the law.  In order to prove a wrongful death action, the plaintiff must show that he or she is the statutory beneficiary of the decedent.

A wrongful death suit should compensate the surviving spouse, next of kin, or children of a person who dies because of the negligence of another. There are various kinds of damages the plaintiff can receive. Economic damages in these cases may include money for the financial contributions which the deceased would have made to the plaintiff (spouse, children and/or parents) had the person survived. For instance, if a 25 year old was making $40,000.00 per year, his family should be compensated for that amount (or more depending on training, career advancement, etc.) for the remainder of his work life. This is often an area that the attorneys use damages experts to ascertain proper compensation. Another area of damages is medical and funeral expenses. There are also damages to compensate for grief or even companionship. Non-economic damages are a category that includes loss of love, affection, society, comfort, companionship, and solace or moral support. Finally, punitive damages (designed to punish) may be available for egregious conduct.

Contact Corpus Christi wrongful death attorney Scott Nelson if you need assistance with a wrongful death lawsuit.