What Is Wrongful Death?
Wrongful death is a legal theory under which certain persons can make a claim for the death of a loved one. As the name suggests, the death must be “wrongful” – meaning the death was caused by the negligence (error) of another person or company. A wrongful death can occur as a result of a motor vehicle crash, medical error, workplace incident, fire, explosion, electrocution, etc.
Who Can Bring A Wrongful Death Case?
Under Texas law, the only persons who can file a claim for wrongful death are the spouse, children and parents of the deceased. Both natural and formally adopted children are able to bring a wrongful death claim. Stepchildren do not have a claim under Texas law. Common-law spouses also may bring a claim for wrongful death, assuming evidence exists of a common-law marriage.
What Are The Biggest Misconceptions People Have Regarding Wrongful Death Suits?
Grieving families often underestimate the long-term financial impact of the death of a loved one. The loss of a spouse or parent can be financially devastating to those left behind. They may not be able to afford house payments, college or retirement. A wrongful death lawsuit can help a family replace the economic (income) loss due to the death of a member of that family.
What Are The Biggest Challenges People Face In These Cases?
Dealing with the emotions of the death of their loved one is the biggest challenge. If a wrongful death lawsuit is filed, each family member bringing a claim will likely have to give a deposition or a sworn statement to the defense lawyers. The family member has to relive the loss of their loved one through the deposition, and has to talk about the emotional and financial devastation caused by the loss.
For many people, this is an extremely difficult thing to do. If the case goes to trial (many cases settle before actually going to court), then each family member will also have to testify in front of a jury, which likewise is emotionally a very difficult thing to do. The law office of Greg Jackson helps clients prepare for their depositions and trial testimony, making these difficult tasks a little easier.
If you need answers to Frequently Asked Questions About Wrongful Death Cases, call the law office of Greg Jackson for a FREE Initial Consultation at (817) 926-1003 and get the information and legal answers you’re seeking.