Wrongful Death Lawsuits Examined

January 21, 2009

A wrongful death claim in Texas arises from the death of a person, as a result of, in whole or in part, of another person or entity’s actions. Chapter 71 of the Texas Civil Practice & Remedies Code contains the exclusive remedy under Texas law for filing a wrongful death lawsuit. The act is intended to compensate a certain class of people for losses stemming from a loved one’s death. This class of people includes a husband, wife, child, family member, or someone else who otherwise qualifies as an heir or beneficiary under the decedent’s will. Persons in this class may be compensated for the loss of support or companionship of a loved one. A wrongful death suit is usually filed by a family member, beneficiary, executor or administrator of the decedent’s estate. Wrongful death claims can be very complex, as it is common for a claim to include multiple defendants. Oftentimes, many defendants are named in a wrongful death lawsuit. Some defendants settle prior to trial, while others defend the case from filing through trial. The amount of recovery usually depends upon the law of the state in which the claim is filed.  It is important to contact a Texas attorney or attorney licensed in your state in order to protect your legal rights.

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