Wrongful death lawyer Michael Grossman discusses wrongful death civil suits in Texas
If you have lost a family member or a loved one, you may wish to bring a Texas wrongful death civil suit against those responsible. If this is your goal, you need to know a few things about wrongful death civil suits before moving forward. A wrongful death suit claims that a defendant’s negligent action or inaction resulted in the victim’s death. These suits generally contain four key elements: (1) the defendant is the proximate cause (either partially or entirely) of the victim’s death; (2) the defendant dealt recklessly with the victim’s well-being and, through the defendant’s negligence, caused the victim’s death; (3) there is some surviving family member, dependant, or beneficiary who is to be compensated; (4) financial damages must have been incurred because of the victim’s death.
There are two types of damages in wrongful death civil suits: compensatory and punitive damages. Compensatory damages compensate the plaintiff for his or her loss. These damages can cover medical and funeral expenses, loss of the victim’s future income, or even provide compensation for the grief and loss of companionship suffered by the plaintiff.
Conversely, punitive damages are designed to punish the defendant in cases where the defendant was particularly negligent or careless of the victim’s well-being. These damages are determined by a jury on a case-by-case basis.
There are numerous other elements to consider in wrongful death civil suits. Limitations exist that effect who can sue, who can be sued, how long a victim’s family has to bring a suit, and the extent of damages that can be recovered. For those without legal experience, wrongful death civil suits can quickly become overwhelming. If you are considering bringing a Texas wrongful death civil suit, contact a wrongful death attorney and get the compensation you deserve.
Posted by:
Wrongful Death Accident Attorney Michael Grossman
| Posted on:
1/15/2010
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be exchanged with regard to the way that the situations mentioned on this site are
impacted by existing legal statutes.
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