A wrongful death occurs when a person is killed due to another’s negligent or intentional actions. By law, if a wrongful death occurs, surviving beneficiaries are entitled to damages. In Texas, state law provides a remedy for wrongful death inTexas. The law compensates the deceased’s spouse, parents, and children for any losses they incurred as a result of the wrongful death.
In order to bring a wrongful death claim, a surviving beneficiary must show four things: that the death was caused by another person or entity’s conduct, that person or entity was negligent or strictly liable for the death, there are surviving beneficiaries or dependents, and that monetary damages have resulted from the death. If a wrongful case goes to court, versus settling prior to a trial, these elements must be shown by a preponderance of the evidence.
How much is awarded for a Texas wrongful death case depends on a lot of factors, which are all subjective. Some of those factors include the amount the decedent earned at the time of his or her death, the potential future earnings of the decedent, the non-economic contributions to the family by the decedent, the pain and suffering of the decedent, and more. The award can include amounts for the financial loss to the family that happened as a result of the death, the loss of support and/or services, funeral expenses, medical expenses, and an award for the pain and suffering of the decedent.
An unexpected loss of a loved one in an accident that was caused by another person’s negligence is tragic. The surviving family members will have to cope with that loss for the rest of their lives. If you are in the Dallas area and a loved one was killed in a tragic accident, The Barber Law Firm to discuss your options.