A wrongful death claim is a unique type of personal injury lawsuit, wherein someone passed away due to another’s negligence or intentional actions. These claims are typically brought against a defendant who has caused the death. The whole point of the claim is to seek justice on behalf of the surviving family members. In this case, monetary compensation helps to cover expenses.
Who May File a Wrongful Death Suit?
Typically, surviving family members and beneficiaries may sue for wrongful death. The law varies from state to state, but each is set up in a way to prosecute the claims and determine how recovery is distributed.
The person who can prosecute is typically listed. This list usually includes the spouse, children and parents. In many cases, the estate brings the lawsuit, and the judgment is divided among beneficiaries. Often, an estate must be opened, and a personal representative is appointed to help prosecute the wrongful death claim on behalf of the recipients. In any case, you will want to speak with an experienced attorney.
Wrongful Death Settlements
Once you contact an attorney, you may begin exploring recoverable damages. In a wrongful death claim, the law covers monetary loss such as:
- Future earnings
- Gifts and inheritance
- Funeral expenses
- Medical bills
- Loss of companionship
- Loss of guidance
- Pain and suffering
Damage awards vary depending on a few unique factors, including:
- How much money the deceased made
- Age of the deceased
- Whether the children of the deceased are minors or adults
Your attorney will help you recover the most damages possible.
To speak with an experienced wrongful death attorney in the McKinney, Texas, area, contact us online or call (972) 632-1300 for a free legal consultation. We know this is a troubling time, and we hope to make the legal process more accessible and more straightforward than ever before!