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How Does A Wrongful Death Suit Work?


When a person or a company causes the death of someone because of negligence or intentional harm, there is a very good chance that a wrongful death claim will be brought up against them. The defendant, or the person who the wrongful death claim is being filed against will be tried to determine whether or not they were indeed at fault for the death that occurred. In most cases, the wrongful death suit will be filed by someone who is representing the estate of the deceased, or alternatively by affected parties. If you believe you may need to file a wrongful death suit, continue reading below to learn more.

When can you make a wrongful death claim?

If you are able to prove that the death of the deceased was caused by the negligence of a person or persons, or that they were intentional harmed, you can most likely file a wrongful death claim. Some examples of this include:

  • When someone dies because of the intentional action of someone else.
  • When someone dies because of medical malpractice. This could include any instance when a doctor fails to correctly diagnose a condition or illness, prescribes the wrong treatment, or when the level of patient care is below the standard.
  • When someone dies in a car accident because of negligence by the other driver.

The examples below are simply the most common scenarios you will see in court, but there are many many more that can occur and be suitable cases for a wrongful death lawsuit.

Who can file wrongful death claims?

In most cases, the person who will file a wrongful death claim is a representative of the estate of the person who has passed away. If the direct family members of the deceased are still minors, another survivor with a directly relationship to the victim can also file the wrongful death claim. Most commonly, these people are the parents or children of the deceased. These stipulations can change, however, depending on the state in which you live.

What do you need to prove in a wrongful death case?

The biggest aspect of a wrongful death claim is being able to prove that the victim would have been able to hold the person or persons responsible for the incident had they survived it. You will also want to prove that the party that is being charged failed to fulfill their duty to protect and take care of the victim.

Do you have a wrongful death case?

If you have recently lost a loved one due to the negligence of someone else, you should contact the Law Offices of Alex Hernandez Jr. We will take a look at your case and tell you what we believe your next step should be. If you are able to proof that the defendant breached their duty to care for the victim, chances are we will be able to take on your case and get you the compensation you deserve. As one of Texas’s leading law firms, we have the experience, skill and know-how to represent you in court. Call us now to learn more about how we can assist you!

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