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What Are Your Rights Under the Wrongful Death Law?

Families that lose a loved one suffer tremendous loss. When they lose significant financial support as well, it compounds the loss even more. An attorney can help you sue for damages when your loved one dies as a result of someone else’s neglect, carelessness, lack of skill, wrongful act or failure to act.

Under Texas wrongful death law, you can bring a lawsuit when you are the spouse, a surviving child or parents of the deceased loved one. One or more of you can sue for the benefit of everyone. If none of you file a lawsuit within three calendar months from the date of death, the executor or administrator of the estate can prosecute the action unless all of you request that no action be taken. Felony prosecution of the individual you allege caused your loved one’s death does not prevent you from bringing a wrongful death lawsuit. When defendants die during a wrongful death action, their estate becomes the defendant in the case. Also, you can recover exemplary damages (with the exception of parents) in addition to actual damages when the defendant caused your loved one’s death through a willful action, willful omission or gross negligence. 

It is wise to put a skilled law firm on your side. One of the most important aspects of a wrongful death case is proving the defendant caused the fatality. A seasoned personal injury lawyer has the wherewithal to gather evidence and prepare a strong case. 

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Attorney J. Kent McAfee