The victim of an accident has the right to pursue damages for their injuries in Texas. If necessary, they may even bring legal action against the accident’s cause. Should they be financially reliant on the deceased, the parents or other family members have the right to pursue compensation in the event of a wrongful death.
In wrongful death instances, there is a harsh penalty. In addition, there are sanctions and the possibility of a lengthy jail sentence. Depending on the accident’s severity and circumstances, yes.
When pursuing compensation with the support of Katy personal injury attorneys, keep in mind that you must demonstrate that the defendant’s actions directly caused the wrongful death. Before finding someone guilty, a wide range of factors are taken into account.
Who Can File a Lawsuit Against the Other Party or Get Compensation?
Generally, those who are close to a deceased person have the right to sue the other party. There are no specific laws which do not allow someone to not file a lawsuit. The catch is that there has to be relevance to the person who is filing the case. Still, there are other family members or friends who could qualify under specific circumstances.
- The surviving spouse.
- Parents, in case the departed had any.
- Other relatives relied on the deceased individual for financial support.
- The right to do so may belong to the deceased person’s personal representatives.
- Even in the absence of proof, someone with a strong opinion that they were married to the dead may also be qualified to file for compensation.
What Type of Wrongful Death Cases Are Observed Usually?
- Accused person’s negligence:
In this case, the accused person’s failure to uphold their duty of care to the deceased person results in the person’s death. Your attorney will need to demonstrate, nevertheless, that the defendant did not provide the necessary care and did not behave appropriately in comparison to someone else. Negligence leading to wrongful death might include things like selling faulty goods, failing to warn of potential dangers, animal attacks, auto accidents, etc.
- Misconduct-related wrongful death:
Malpractice by a healthcare practitioner may potentially result in a wrongful death. Healthcare may make mistakes and not give the right care. Here, the plaintiff must demonstrate that the defendant acted or showed concern.
What factors need to be taken into account while asking for payment?
In the process of pursuing compensation, a plaintiff must take into account several factors:
Either the accident was intentionally created by the individual who caused it, or they were careless.
- It was solely their acts that caused the death.
- There exist damages associated with mortality.
- The relatives of the dead may get damages for their losses if these arguments are established through legal counsel.
Is a wrongful death action filed under civil or criminal law?
Cases involving untimely deaths fall under civil law. When someone is accountable for the demise of a loved one, the immediate family members often have the right to file a lawsuit against the individual or business. This can depend on the situation, but usually, people do seek justice and it is an excellent way to honor the name of the person who just passed away! They are entitled to reimbursement for all the financial losses that occur.
Wrapping up!
It will be considered murder if it is believed that the accused murdered the victim on purpose. It could also be an assault or battery. While losing a loved one is never easy, it’s crucial to ensure they receive the justice they are due. Speak with an experienced lawyer in the area; there are a lot of internet businesses that can assist you as well. To determine if you want to work with the same expert going forward, you can take advantage of a free first session.
