When the carelessness of another person, company, or government agency causes an accident in which someone loses their life, a wrongful death suit allows survivors to collect compensation for their losses. While a financial settlement won’t restore a loved one lost through someone else’s negligence, it might give their family the resources they need to start rebuilding their lives. Here are a few key elements to understand about wrongful death suits.

What Constitutes “Wrongful Death”?

Because wrongful death actions are technically a type of personal injury claim, any situation that might have resulted in a suit if the victim had survived could qualify. Auto accidents, deaths caused by defective products, and premises liability cases might provide grounds for a wrongful death claim, along with intentional acts of malice. To prove your case, an attorney will have to show the defendant had a duty of care toward the victim and their negligence of that duty resulted in their death.

Who Can Bring a Claim to Court?

The individuals who can bring an action to court vary from one state to the next. In Texas, for example, only the surviving spouse, parents, or children are entitled to file a suit. However, if they fail to take action within three months of the victim’s death, the decedent’s executor or personal representative might bring the suit to court.

What Damages Can You Collect?

Calculating a fair settlement in a wrongful death case is complicated, usually requiring the expertise of a skilled attorney. For instance, your award might include any medical bills incurred before the victim’s death, burial expenses, and compensation for their lifetime earnings. Depending on the circumstances, you might also collect damages for your own emotional trauma and loss of companionship.

If you’ve lost a family member through no fault of their own, the legal team at Reed & Terry in Sugar Land, TX, have the expertise to help you achieve justice. Their lead attorneys have over 50 years of combined legal experience and a reputation throughout the country for aggressive representation—giving their full attention to even the smallest legal disputes. Visit their website for more information on their background and expertise, or call (281) 491-5000 to discuss your wrongful death claim today.