Wrongful Death
What is Wrongful Death?
A wrongful death is one that is caused by the negligence, misconduct or fault of an individual, company or other entity. A wrongful death may serve as the basis for a civil action to recover damages on behalf of the statutory beneficiaries of the decedent. In most states, including Texas , the statutory beneficiaries who may be entitled to pursue a wrongful death claim for damages include the surviving spouse, children and parents of the decedent.
Wrongful deaths include those deaths that result from negligence by doctors, nurses, hospitals and health care providers while rendering medical or health care. Wrongful deaths also include deaths that result from the negligence, misconduct or fault of non-medical individuals, companies or other entities, such as car or truck drivers, equipment operators, product manufacturers, construction companies and trucking companies.
In a wrongful death claim, it must be proven that the negligence, misconduct or fault of an individual, company or other entity was a proximate cause of the decedent's injuries and death. In other words, it must be proven to the degree required by law that the defendant's wrongful conduct resulted in a direct series of events that led to the injury and subsequent death.
Elements of a Wrongful Death Lawsuit
Four elements must be present to bring a successful wrongful death cause of action:
- The death of a person
- The person's death was caused by another individual's negligence
- The survival of family members who suffer financial injury due to the death
- The appointment of a personal representative for the estate of the decedent
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