Wrongful death may be defined by Todd White, a Houston wrongful death attorney as the taking of the life of an individual resulting from the willful or negligent act of another person or persons. An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury that results in death.
The plaintiffs in a wrongful death action
If a person is killed because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent’s death. An important element, as can be explained by your Harris County wrongful death lawyer, is that the surviving family members will suffer a pecuniary, or financial, loss as a result of the death.
The defendants in a wrongful death action
Any number of circumstances may result in a claim of wrongful death, but some of the more common defendants are those whose actions result in a claim of:
- Medical malpractice
- Automobile accidents
- Occupational exposure to hazardous substances or conditions
- Criminal behavior
The damages in a wrongful death action
The calculation of the measure of damages can be complicated. It is relevant to consider:
- The age, character and condition of the decedent
- The decedent’s earning capacity, both past and future
- The particular circumstances of the plaintiffs
“Survival” damages in a wrongful death action
Survival damages are those that the decedent could have recovered had he or she lived. Typically, this is the pain and suffering experienced during the time period after the incident, leading to death. Survival damages go to the estate of the decedent and are distributed accordingly.
If a loved one has died after an accident or an injury caused by the negligent conduct or misconduct of another, you may be entitled to bring a legal action against those responsible. Todd White, a Houston, Texas wrongful death attorney, understands how devastating this can be on your life. He is here to provide assistance and counsel so you may be compensated as you begin the healing process. Attorney White offers a free, initial consultation without obligation. Call (713) 780-1633 today.