Who Can File a Wrongful Death Suit?

By Rocky Walton on October 03, 2016

Mother and child at a gravesiteThe loss of a loved can be traumatic. The death of a family member results in a loss of emotional support and companionship, and it can cause financial stress. When a loved one’s death is caused by the reckless or negligent actions of another person or party, it can be especially painful. In cases such as these, family members can file a wrongful death suit to seek compensation for damages. At the Law Firm of Roger 'Rocky' Walton, P.C., we can handle wrongful death cases resulting from car accidents, unsafe premises, dangerous drugs, and other causes. To learn more about who can file a wrongful suit, read on, and then contact our Arlington, TX practice today.

Who Can Receive Compensation in a Wrongful Death Case?

A wrongful death lawsuit allows family members to be compensated for their losses. Each state has its own laws regarding who is eligible to receive compensation in a wrongful death lawsuit. While some states allow family members such as siblings and grandparents to file a wrongful death claim, this is not the case in Texas. Texas law allows a wrongful death suit to be filed by the following people:

  • Spouse of the deceased
  • Children of the deceased
  • Parents of the deceased (usually only in cases where a minor is killed)

Although any of these family members can file a wrongful death claim, the amount of compensation they can be awarded can vary. Financial compensation is awarded based on the impact that the wrongful death has on the family member’s day-to-day life. The court determines how close the family members were to the deceased, and how much financial support the family member could have reasonably expected to receive from the deceased.

Common Damages in a Wrongful Death Suit

There are different categories of compensation that can be sought following a wrongful death. The exact damages that are awarded will depend on the unique circumstances of each case. Below are some of the most common damages in a wrongful death lawsuit:

  • Medical expenses that may have been incurred prior to the death
  • Financial losses, including wages and retirement that would have been earned by the deceased
  • Loss of consortium, which takes into account the loss of companionship and emotional support

In addition to these damages, there are some cases in which our clients may be eligible for survivor losses. Survivor losses may be sought if the victim was alive and undergoing medical care for some amount of time before their death.

Contact Us

Attorney Rocky Walton and his legal team understand the emotional and financial devastation that follows a wrongful death. If you have lost a loved one due to the reckless or negligent actions of another person or party, we are ready to fight on your behalf. Contact our practice at your earliest convenience to learn more about wrongful death lawsuits. We can schedule a case review at your earliest convenience to discuss the details of your wrongful death case.

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