When a person dies as the result of misconduct or negligence, the victim’s family can sue for wrongful death. Wrongful death lawyers in Jacksonville, TX frequently help families after criminal trials. Because these kinds of lawsuits require a lower standard of proof, plaintiffs can often win their cases.
Why You Need the Help of Lawyers
You need the help of wrongful death lawyers in such a matter as the lawsuit can only be brought by a personal representative of the estate of the decedent. Also, each state has civil wrongful death statutes that establish the processes required for bringing these kinds of claims. Actions that occurred before the victim’s death, such as pain, suffering, and personal injury, are also brought to the court’s attention.
What You Must Show
According to wrongful death lawyers, the damages from these actions belong to the decedent’s estate and therefore pass to varying parties as directed by the victim’s will. In order to be successful in a wrongful death action, the following elements must be proven and shown:
• A human being died
• The death was caused with an intent to cause harm or because of another person’s negligence
• Surviving family members suffered monetarily as a result of the death
• A personal representative was appointed for the estate
How Claims Arise
Wrongful death claims may arise from medical malpractice, airplane or auto accidents, or occupational exposure to hazardous substances. Claims also frequently result from criminal behavior.
Pecuniary injury is the primary measure used for damages in a wrongful death case. Pecuniary injuries include the loss of the prospect of inheritance and medical and funeral expenses. Therefore, distributees who must take care of a decedent’s medical or funeral expenses can recover the costs. Contact us for further details about wrongful death and similar personal injury claims.