Wrongful death lawsuits are simultaneously very similar and very different from a typical personal injury lawsuit. This type of legal action is similar because it is brought when a loved one is injured due to the unlawful or negligent actions of another person or entity. However, wrongful death lawsuits are dissimilar because they are over a person’s passing away, rather than a personal injury.
There are feelings of loss and intense emotion during wrongful death lawsuits. The entire case serves as a reminder of your loved one and their passing. That person is unable to offer testimony or evidence regarding their injuries or pain prior to death. However, when you bring a wrongful death action, your deceased loved one or their estate is the plaintiff. High intensity emotions, coupled with these complicated evidentiary and procedural matters, make wrongful death lawsuits difficult.
What is a wrongful death lawsuit?
This type of lawsuit occurs when a person’s wrongful actions causes the death of another person. This type of lawsuit can be brought against individuals or companies. For example, a company can be liable if their security guard injures an innocent bystander. Also, a company can be liable if lax safety procedures result in the death of a customer or employee.
Whether or not a person’s actions are wrongful depends upon the circumstances. Wrongful death lawsuits use a similar legal analysis as personal injury lawsuits. If an individual was not paying attention or intentionally caused the harm, then their actions were wrongful and they could be liable. Damages paid from a wrongful death lawsuit are provided because of the negligence shown at the time of a loved one’s death.
The legal rights of surviving family members
Just because your loved one is unable to recover non-economic damages does not mean that you, in your personal capacity, cannot. Surviving family members may bring loss of companionship, loss of support, and emotional harm lawsuits. In most cases, you can join these claims into one umbrella case to settle all the issues at once. These can be known as survival damages.
Wrongful death lawsuits are complicated and difficult to assess without legal help. It is best to consult with an attorney as soon as possible. An attorney can review the circumstances of your loved one’s death and offer his or her professional opinion on pursuing this type of lawsuit. Contact Attorney Dean Boyd for more information about our services. Give us a call today at (806) 242-3333 or Contact Us by email. You can also visit our offices at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas.