11 November 2019 - Posted by Monsour Law Firm
If you’re here because you lost someone, we can’t even imagine what you’ve been through. We’re deeply sorry for what you’re still processing. If you’re reading an article on wrongful death, something inside you suspects it shouldn’t have happened. Maybe it could have been avoided. That makes things exponentially, horrifically worse. You lost someone you love, and they shouldn’t have died. It’s someone else’s fault. Wrongful death lawsuits are the hardest. There’s no right answer when someone lost their life because of someone else’s negligence. But there has to be some recourse. We can’t ever make it better. No one can. But we will attempt to answer some of your questions here.
A wrongful death occurs when someone or something inadvertently causes the death of a person. It may have been because they made a personal error or just plain didn’t give a care about the safety of the people around them. When you speak to your lawyer about this tragedy, they will refer to certain aspects of your case with terms that may be unfamiliar to you. A few of these might be “negligence”, “duty of care”, or “decedent.” The person who was responsible for the death of your loved one may have taken an action or failed to take any action.
This negligence resulted in an accident and violated their responsibility to preserve the life of your loved one. So, any time the terms negligence or duty of care are mentioned, they may refer to the situation in this way. On paper or in court, your loved one may be referred to as the decedent. Your loved one is important. This difficult time comes with many painful experiences, but we want to help in any way we can. The person responsible for this terrible situation should be held accountable for their actions.
Only a direct family member can file a wrongful death suit. This usually includes the spouse, adult parent of a deceased minor, or an adult child. Usually, more distant family members only file in extenuating circumstances. This case may be important to so many people in your family, but your loved ones can only file one case. If multiple family members try to file, the court will usually combine these cases into one.
The person directly responsible for the wrongful death of your loved one is most often the one sued, but sometimes it isn’t just a single person responsible. In the case of a car accident, the manufacturer of a faulty part, the driver of another vehicle who caused the accident, or even a government employee who failed to warn the driver of the vehicle about road conditions can be held liable for the death of your loved one.
Immediate family members can receive compensation for several reasons. Loss of income is one of the most common. If your loved one was the primary income-earner for the household, the spouse or children will be awarded damages for the income they would have made if they hadn’t died prematurely. Your family may also be awarded damages for the time your loved one spent receiving medical care after the accident as well as the pay they missed out on during that time.
The loss of consortium is another example of something your family could receive compensation for. This refers to the idea that your loved one would have provided comfort and guidance to your family for years to come. It attempts to address the pain of losing your husband’s embrace, the joy you would experience walking your daughter down the aisle on her wedding day, or a mother or father’s presence at their child’s graduation. And while money could never serve as a substitute for your unspeakable loss, it may be able to aid in rebuilding your family’s life after such a crushing tragedy.
If you have experienced the death of a loved one as a result of someone else’s actions, you have the option of filing a wrongful death case. You deserve compensation for the emotional trauma and financial distress you may have experienced as a result of the negligent actions of others. The person responsible should understand the pain your family is going through and pay for what they’ve done. It doesn’t cost a penny to talk to a qualified attorney at Monsour Law Firm. Schedule a free consultation today.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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