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Wrongful Death Claims- An Overview

susan_harr4 years ago

“A wrongful death claim exists when a person dies due to the legal fault of another person,” NOLO, ‘Law for All.’

When a person's death is the result of another party’s negligent, reckless, or unlawful actions, the victim’s relatives may choose to file a wrongful death claim to recover damages. Wrongful death claims can involve all types of fatal accidents from auto accidents and trucking accidents to medical malpractice or product liability cases. A person or company can be found “legally at fault” if they negligently or intentionally caused a person's death.

Who Can File a Wrongful Death Claim?

Each state has its own rules about who can file a wrongful death claim- some examples include:

  • Immediate family members (spouses, children, and parents)
  • Extended family (grandparents, aunts, uncles)
  • Life partners and financial dependents
  • People who suffer financially from the victim's death

Damages in Wrongful Death Cases

Damages in wrongful death cases generally fall into one of two categories- compensatory damages (money to cover expenses incurred as the direct result of the wrongful death) and punitive damages (money awarded to punish the defendant for bad conduct). Compensatory damages can be further divided into economic damages and non-economic damages.

Economic Damages

  • Medical expenses
  • Funeral expenses
  • Lost earnings and benefits
  • Expected earnings and benefits

Non-Economic Damages

  • Survivor’s pain and suffering
  • Loss of care, providence, guidance, or advice
  • Loss of love or companionship
  • Lost of consortium
Contact and Experienced Wrongful Death Attorney

Thomas J. Henry is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, auto accidents and trucking accidents, and medical malpractice.

If your loved one’s death was the result of another party’s negligence or intentional misconduct, contact our offices immediately- we are available 24/7, nights and weekends.


If you’ve been injured, we can help. Contact us