Types of Wrongful Death Claims
If you are attempting to bring a
Texas wrongful death civil suit against a defendant, you need to know exactly what
you are dealing with. A wrongful death
civil suit is brought against a defendant when a victim was killed due to a
defendant’s negligent actions (or inaction).
Wrongful death claims typically meet four basic criteria:
- The defendant must be the proximate cause, in whole or in part, of the victim’s death
- The defendant was negligent with or in some way liable for the victim’s well-being
- There is a surviving family member of beneficiary to receive compensation
- Financial damages resulted from the victim’s death
There are generally two kinds of damages that may be
recovered by a plaintiff in a wrongful death civil suit: compensatory damages
and punitive damages. Compensatory
damages are meant to cover medical and funeral expenses, provide compensation
for the loss of future income of the victim, or provide monetary compensation
for the loss of companionship or grief.
In other words, compensatory damages compensate the plaintiff for his or
her loss.
Punitive damages, on the other hand, are awarded in cases
where the defendant was particularly negligent or reckless with the victim’s
life. They are designed as a punishment
for the defendant and his or her negligent actions. The extent of these damages are determined by
a jury.
Numerous other technicalities exist in wrongful death civil
suits, including limitations on who can sue, who can be sued, or caps on
recoverable damages. In short, managing
these cases can be complicated.
Fortunately, our
attorneys have been working on wrongful death suits of
all kinds for twenty years. Let the
wrongful
death attorneys at Grossman Law Offices help you with your Texas
wrongful death civil suit.
Related articles:
Questions answered in this article:
What criteria must be met to file a wrongful death suit?
What kind of damages are covered in a wrongful death suit?
Is there a limit to compensation you can receive?