Wrongful Death Lawsuit: Financial Justice for Your Loved One’s Death

 Posted on March 25, 2022 in Personal Injury

There are many accidents that are caused by another party’s negligence where the victim does not survive their injuries. In these tragic circumstances, the victim’s survivors can pursue legal action against that party or parties who are responsible for the death. A wrongful death lawsuit can be critical in helping secure financial stability for the victim’s family.

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits allow survivors of victims who die as a result of the negligence or wrongdoing of another person to recover monetary damages from the person legally liable for the death. Under the Texas Wrongful Death Act, the law says that if a victim is killed due to another party’s wrongful act, negligence, or any other act that breaches a party’s duty to exercise reasonable care, that party can be held financially liable.

Under the law, a wrongful death lawsuit can only be filed by surviving spouse, the children, and the parents of the victim. A lawsuit can also be filed by a representative for the victim’s estate.

In order to be successful, the family must show that the victim’s death would not have occurred but for the actions of the at-fault party.

Damages in a Wrongful Death Lawsuit

Both economic and non-economic damages can be awarded in a wrongful death lawsuit. Economic damages are tangible or the actual financial costs of the victim’s death. They may include costs like costs of life-saving medical care, funeral expenses, and loss of the victim’s expected future earnings.

Non-economic can be awarded for pain and suffering, emotional anguish, and the loss of the victim’s love and guidance. While these damages are often more difficult to determine than economic damages, they may result in much greater awards. 

One other form of damages that are sometimes – but rarely – awarded are punitive damages. This type of damage is intended to punish the at-fault for exceptionally negligent behavior.

Contact a Midland, TX Personal Injury Attorney

At Morales Law Office, Attorneys at Law, PLLC., we understand that no amount of money will ever make up for the loss of a loved one. But our legal team also understands that a wrongful death lawsuit is often the only opportunity a family has for any kind of justice for their loved one’s death. To learn more, call 512-474-2222 to schedule a free and confidential consultation with one of our dedicated Austin, TX wrongful death attorneys and learn what type of legal recourse you may have.

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm