Elements of a McKinney Wrongful Death Claim
The death of a loved one or family member is always a sad occasion; it is even more heartbreaking if their death was the result of a preventable accident.
When a person dies from catastrophic injuries that were inflicted as the result of a person or business’ negligence, their surviving family members have a right to seek damages from the responsible parties by filing a McKinney wrongful death claim.
When Can Someone File a Wrongful Death Claim?
When an individual dies due to the fault of another person or entity, the surviving family members may be able to bring a wrongful death lawsuit. A wrongful death suit is a legal action taken to recover damages for the exclusive benefit of the surviving spouse and children of the deceased individual.
There are many tragic incidents that can result in the needless death of a family member, including:
- Automobile, truck or motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Workplace injuries
- Death during a supervised activity (like a class field trip)
- Birth injuries
- Nursing home and assisted living neglect and abuse
- Product defects
- Premises accidents
- Criminal actions
Elements of a Claim
There are several elements of a wrongful death lawsuit that must be met if there is a successful resolution in the case. To be successful, a plaintiff must prove that:
- The plaintiff is the surviving spouse or child of the decedent
- A defendant is a person or corporation
- The defendant’s wrongful act caused injury to the decedent
- The injury resulted in the death of the decedent
- The decedent would have been entitled to bring an action for the injury if he or she had lived
- The plaintiff suffered actual injuries
Who Can File a Wrongful Death Claim in Texas?
Texas state law is very specific when it comes to who can and can’t file a wrongful death claim and who can collect a settlement. Any damages collected in a wrongful death suit must go to the children or spouses of the deceased. One family member can file a case on behalf of other family members; so can the executors or administrators of the deceased’s estate. In Texas, legally adopted family members have the same rights as biological family members.
Siblings are not allowed to pursue wrongful death claims in Texas on behalf of their dead brothers or sisters; neither are cousins.
Damages for Wrongful Death Claims
While no amount of money can compensate you for the loss of a loved one, it can help to ease the surviving family members’ financial worries and emotional pain. A plaintiff in a wrongful death action can recover actual damages of the following:
- Pain and suffering before death
- Projected support to the qualified survivors of the deceased
- Medical, funeral and other death-related expenses
- Mental anguish
- Loss of inheritance
- Loss of love and companionship
- Possible punitive damages
Speak to an Experienced McKinney Claims Lawyer
Proving liability in a wrongful death case can present a challenge and requires the services of an experienced lawyer. The dedicated attorneys at the McCraw Law Firm will put their skills and expertise to work building a solid case on your behalf. We will fight the insurance companies to obtain the financial relief for the loss of love, companionship, protection and all other compensation you deserve, even if it means taking your case to court.
If you are the spouse or child of a person who has lost their life as a result of someone else’s negligence, don’t put off seeking legal help. Call or contact us online to discuss your case with an experienced wrongful death lawyer. We will evaluate your claim, answer any questions you might have and offer advice on how to proceed with your claim.
We offer compassionate support and effective representation, handling our wrongful death cases on a contingency basis. This means there are no upfront charges if we decide to accept your case and we only collect our fees after we’ve gotten you a settlement.