The loss of a loved one is a pain like no other and it can affect entire families. There is no amount of monetary compensation that could ever bring your loved one back. A wrongful death lawsuit can stem from a variety of incidents including, workplace accidents, truck accidents, bus accidents, and automobile accidents.
These are all unexpected events and yet they happen far too often. Your loved one could have simply been running to the store for an errand and never return due to the negligence of another. Although we cannot bring your loved one back, we can advocate on your behalf so you can focus on healing. If you have lost a loved one due to the negligence of another party, you need to contact a wrongful death attorney from Thomas J. Henry Law.
Wrongful Death Lawsuit
There are a few elements that must be present when filing a wrongful death lawsuit, the first being the death of a person. The next is the death being caused by the negligence of another party. The deceased must have surviving family members who have suffered a monetary injury as a result of the death and there must be the appointment of a personal representative for the estate of the deceased party. Damages that the court considers in a wrongful death lawsuit are:
- Loss of support
- Lost prospect of inheritance
- Medical expenses
- Funeral expenses
- Loss of services
- Lost income
- Lost future earnings
- Pain and suffering
- Lost benefits
There are several parties who can file a wrongful death lawsuit against the negligent party with the help of a wrongful death attorney. Those parties include immediate family members, life partners, financial dependents, putative spouses, and in some cases distant family members. The party who files the claim must be directly impacted financially as a result of the death of their loved one. A few examples of parties that can be sued are:
- The driver of the automobile
- Government agencies
- Owner of the premises
There is a wide range of liable parties a wrongful death attorney can go after in your claim.
Proving Wrongful Death
There are three elements that must be proven in a wrongful death case, the first being breach of duty. It must be proven that the defendant had a duty of care to the plaintiff’s loved one. Next is causation, which is where the party is found to be the cause of the death of the loved one. Lastly, damages must be proven. These include expenses caused directly from the accident.
Life-Changing Results, The Attorneys at Thomas J. Henry Law Can Help
The death of a loved one is a life-changing event and we understand this is a difficult time. The negligent party must pay for what they did whether it be monetarily or criminally. Our track record with wrongful death lawsuits is extensive. One of our most recent wrongful death suits resulted in us obtaining $35 million. Your life has been changed forever and although money cannot bring your loved one back it can help you in their absence. Contact a Texas wrongful death attorney from Thomas J. Henry Law today at 866-517-5659 today for a case evaluation.