While wrongful death lawsuits can be complicated and extensive - there are a few simple facts on which many are based. Each state has its own unique set of laws for wrongful death claims. Consider the following information.
*Wrongful death may be deliberate - such as murder - or accidental but due to the negligence or carelessness of another individual.
*Different states mandate which survivors are able to sue. In some cases only the spouse and immediate family members may file a wrongful death suit. In other states instances the right to sue may even extend to grandparents.
*There is a statute of limitations on filing a wrongful death lawsuit in most states.
*Medical malpractice does not always result in a wrongful death and wrongful deaths frequently are not traced to medical malpractice (even though the family feels otherwise).
*There are circumstances under which a bankruptcy court can discharge a judgment imposed by a court in the case of a wrongful death. This is usually not possible in a drunk driving wrongful death suit.
*A decision on the amount of damages to be awarded in a wrongful death lawsuit is complicated and may take into account a number of factors including such things as the loss of future earnings and pain and suffering and loss of services.
*Many states have incorporated measures that prevent family members from suing each other in the case of a wrongful death.
The decision to sue for wrongful death is a complicated issue. There is no doubt that families must consider their options at a time many are struggling with the grief of the loss.
Greg Baumgartner is a Houston wrongful death attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Texas personal injury attorney call the Baumgartner firm.
