Losing a loved one is never an easy thing to bear. On top of the shock of the incident, and any potential criminal trial that a family may have to endure, they will likely need to think about their financial future as well.
Wrongful Death Statutes
The Texas state legislature enacted a statute that specifically deals with civil actions resulting from a death. Texas Civil Practice and Remedies Code Chapter 71outlines appropriate causes of action, who may bring the lawsuit, and what damages they may seek.
Plano wrongful death lawyers know that an action may be filed against any person or corporation who caused a person’s death through a wrongful act, neglect, or carelessness. This means that if a person is intentionally killed, dies in an accident that was the defendant’s fault, or was killed due to a lack of care, the responsible party may be sued under the statute. The statute also states that the owners of businesses may be liable if the death was caused by the actions of their agents or employees.
Defining the Roles of Personal Injury Case
In most personal injury lawsuits, the plaintiff is the injured person. Of course, this cannot be the case in a wrongful death suit, so instead a decedent’s spouse, children, or parents may serve as the plaintiff. The executor of the decedent’s estate may serve as the plaintiff for injuries leading up to death, but only a spouse, child or parent of the victim may file a wrongful death claim.