A "wrongful death" takes place when a person is
killed as a result of the negligence or misconduct
of another individual or entity. Wrongful
death statutes in establish the procedures for
bringing wrongful death actions. In most
states, persons entitled to recover include the
decedent's immediate family members (surviving
spouses and children) and sometimes parents or
siblings.
Wrongful
death claims are comprised of the following
elements:
-
Death of
a human being;
-
Caused by negligence
of another person or entity;
-
The survival of family members who are suffering monetary injury as a result of the death; and
-
The appointment of a personal representative for the decedent's estate.
Wrongful deaths
commonly occur as a result of medical malpractice,
vehicular accidents or occupational hazards.
Damages may include medical, funeral, loss of future
income and benefits, loss of inheritance, and mental
anguish and pain and suffering.
In "survival
actions," the distributees may recover damages for personal injury to the decedent for the benefit of the decedent's estate.
The determination of damages takes into
account factors that include: 1) the degree of consciousness; 2)
the severity of pain; 3) apprehension of impending death;
and 4) the duration of suffering.
Located in Dallas, Texas, the Law Offices of Gregory
H. Bevel are staffed with experienced, aggressive
wrongful death attorneys who will pursue every
recovery avenue available for your claim.
Our lawyers understand the complexities of wrongful
death lawsuits.
If
you believe that a loved one's death may merit a
wrongful death action, you need an experienced, knowledgeable
attorney.
Call the Law
Offices of Gregory H. Bevel at 214.250.2525 to
arrange a consultation today. |