In personal injury accidents that result in death, the loss of a loved one often leaves family members wondering about filing a lawsuit. Cases of this nature are called wrongful death lawsuits. It is important to note that each state has their own specific rules in governing these types of legal disputes. Speaking to several different sources on whether or not you have any legal ground to stand on is a good way to gather information. Getting the help of an experienced wrongful death lawyer can also help you in this difficult time. The following are four common questions about wrongful death that you may have.
What is wrongful death?
Wrongful death is a legal term that best describes the unexpected passing of an individual from the wrongdoings, negligence, or unintentional actions of another party. In wrongful death lawsuits, the spouse, children, siblings, and parents have the right to file a lawsuit to seek damages for another person’s reckless act.
Is a wrongful death lawsuit the same as murder case?
It can be easy to confuse wrongful death with murder or other types of violent crimes. The main reason for this is that both situations end in a death as a result of another person’s actions. The difference is that a wrongful death lawsuit is classified as a civil case and not criminal. The person that is held responsible could be criminally liable for their questionable act, however.
For example, say a spouse is killed after being hit by a drunken driver. Prosecutors may choose not to file criminal charges against the accused, but the victim’s family has the option to file a wrongful death lawsuit against them. If the case wins, then the driver will not face any prison time, but they will have to pay monetary damages to the victim’s family.
What damages can be sought in a wrongful death lawsuit?
In a civil case, the person filing the lawsuit is asking the court to order the person in question to pay compensation for damages they caused. In a wrongful death lawsuit, there are a variety of reasons that are considered acceptable for a compensation claim. With the unexpected passing of a spouse, the grieving family can ask the court to award damages for lost wages. Other monetary damages that are carefully considered include damages for pain and suffering, loss of companionship, and loss of consortium (sexual relations) for a deceased spouse.
How do I win a wrongful death lawsuit?
There isn’t a simple answer to this question because all wrongful death lawsuits must be filed in accordance to the laws of each state. There are too many procedural and substantive rules to name here, but they are all important in the process of filing a lawsuit.
To learn more about filing a wrongful death lawsuit and how you can obtain legal help, contact Attorney Dean Boyd. Call us today at (806) 242-3333 or Contact Us by email to learn more about our Services. You can also visit our office at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas for more information about how we can help you during this difficult time.