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What damages can be claimed in a wrongful death lawsuit?

Many different types of accidents that cause a wrongful death occur on a regular basis in the United States. Deaths caused by workplace accidents, medical malpractice and motor vehicle accidents often lead to wrongful death lawsuits. In Dallas, Texas, readers must understand that wrongful death action is only applicable if negligence contributed to the untimely demise of a person. Surviving family members of the deceased person, the decedent's estate or the spouse of the deceased may file a claim and seek compensation from responsible parties.

After the person's death, the surviving family members may suffer financial difficulties. In wrongful death cases, courts measure the financial loss of the surviving family members. If the deceased person was the main source of income in the household, the court will determine the impact of the sudden death of that person on the family. If the surviving family members of the victim paid the funeral expenses of the deceased, they can also be compensated from the wrongful death lawsuit. Pecuniary loss is the focal point of such lawsuits. Plaintiffs can be compensated for funeral expenses, medical expenses, loss of inheritance prospects, loss of services and support.

It is important to understand that the awards can be adjusted, depending on the circumstances. To ensure that the plaintiffs obtain fair and just compensation, they must build a solid argument in court. Failure to do so can result in a smaller amount of compensation than what is deserved. Plaintiffs must also present substantial evidence showing proof that the sudden loss of their loved one caused major financial losses to the family.

If your loved one died in a fatal car accident, for example, it is important to learn about your rights before you proceed with a legal action. You may read wrongful death articles online or you may choose to speak with a knowledgeable professional to better understand your situation.

Source: Findlaw.com, "Wrongful death overview," accessed on Dec. 24, 2014

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Jerry D. Andrews, P.C.
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