When a family member or loved one dies, it is tragic, especially they die because of what somebody else did. You are hurt, you are angry, and you want someone to pay. It’s not just about the money. It’s about seeking justice for the person you lost. It is about standing up and telling the guilty party that what they did was wrong. If the time comes when you need a wrongful death attorney, the professionals at McDonald Worley are here for you. We understand what you are going through. We are compassionate and allow you to focus on taking care of your family during such a difficult time. Call 877-721-3423 to let our wrongful death lawyers focus on the legal side of things. You focus on trying to live your life.
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What Makes a Death Wrongful?
Sadly, people die every day. It is a part of life. However, there are times when someone dies because of the actions of another. A death is wrongful when it should not have happened. Legally, wrongful death is when someone dies due to the actions or negligence of another. When someone dies instead of just being injured, it is a wrongful death.
Some examples of wrongful death are:
- A patient takes a drug that causes cancer and dies as a result.
- The driver of a tractor-trailer is texting, swerves into oncoming traffic and kills a motorist.
- A doctor is performing routine surgery and makes a mistake that causes his patient to die.
In all of these cases, the person died as the direct result of someone else’s behavior. The person did something wrong, and the victim died as a result.
Who Can Sue for Wrongful Death?
When someone dies, it affects a lot of people. Their family members and friends grieve. Their employer loses a good employee. The community loses a great baseball coach. However, if everyone who was affected was able to sue, our courts would do nothing but try wrongful death cases.
If you are allowed to sue for something, you are said to have “standing.” In Texas, you have “standing” if you are a spouse, parent or child of the deceased.
If you are not one of the above people, you cannot engage a personal injury attorney. The law is pretty clear. It does not protect same-sex couples or fiancées. It does not allow grandparents to sue or step-parents, and it is limited strictly to these three groups of people. Damages can only be claimed by these loved ones.
What Are the Damages for Wrongful Death?
When you sue for wrongful death, you are not suing on behalf of the person who died. This may sound mean, but it is the law. You aren’t suing for things that person lost. You are suing on behalf of yourself and for what you personally have lost. Typically, since you were not the actual victim, you will be suing for what is called compensatory damages. This differs from actual damages. Your wrongful death attorney will be able to explain more.
According to Texas law, you can sue for the following:
- Pecuniary damages – can be measured in dollars and cents
- The lost earning capacity of the victim. This is whatever the decedent would have been able to earn in their lifetime and contribute to your family. This is based on their earning capacity, age, education, history and other factors.
- Any outstanding medical bills incurred by your family
- Any bills for therapy and psychiatric treatment you have incurred as a result of the tragedy
- Loss of services – deprivation of various household duties, love, and companionship
- Loss of advice and counsel
- Funeral expenses
- Mental anguish
- Loss of consortium – this is the loss of relations between a wife and husband
- Loss of inheritance – any inheritance that the decedent would have been entitled to had he lived
- Punitive damages – the damages assessed to punish the guilty party
Contact A Wrongful Death Lawyer in Houston, TX
You may have lost someone due to the intentional or negligent acts of another. Contact a wrongful death lawyer in Houston, Texas. The experienced wrongful death lawyers at McDonald Worley are here to help guide you through this painful and difficult process..
You cannot possibly navigate the legal system alone. You have lost a family member, and you are trying to grieve and take care of your family. Let the attorneys at McDonald Worley focus on the legal side, so you can focus on living your life.