When there is an accident, the victim has the right to claim compensation for the injuries caused. They can even sue the person who caused the accident if need be. In case of a wrongful death, the relatives or parents have the right to seek compensation if they are dependent financially on the person who died.
In Houston, Texas, the punishment in wrongful death cases is quite severe. There are also penalties and long-term imprisonment can be there, too. It depends upon the severity of the accident and how it happened.
One thing to remember while seeking compensation is that you need to ensure that the defendant’s acts were the direct cause of wrongful death. There are many different things that are considered before declaring the person guilty.
Furthermore, the defendant can also have legal representation. Therefore, as a member of the victim’s family, you need to hire a highly skilled attorney to represent your case. Katy personal injury lawyer may help you with just that.
What are the things to consider when seeking compensation?
There are various things that a plaintiff needs to consider when seeking compensation:
- The person who caused the accident was negligent, or their intentional actions led to the accident.
- The death resulted from their actions only.
- Damages are there that are related to death.
When these points are proved through legal representation, then the family of the deceased person may get compensation for the losses.
Is a wrongful death case considered criminal or civil?
Wrongful death cases come under civil law. Here, usually, the immediate family members have the right to sue the person or even a company if they are responsible for the death of their loved one. They have the right to compensation to cover the financial losses. Also, the proof differs between criminal cases and wrongful death cases.
What are the different types of wrongful death cases?
There are several different types of wrongful death cases, including:
- Intentional:
In this case, the accused person is suspected to have killed the person intentionally; in that case, it will be a murder. It can be battery or assault, too.
- Negligence of the accused person:
Here, the person fails to deliver duty of care towards the deceased person, leading to the death of the person. However, your lawyer will have to prove that the person failed to deliver care and did not act reasonably as some other person might have.
Wrongful death based on negligence can be in terms of a car accident or an animal’s attack on the person, selling defective products, not giving a warning about the danger, etc.
- Wrongful death from malpractice:
A wrongful death can also result from malpractice that may be from a healthcare provider. Healthcare may fail to provide the proper care and make some mistakes. Here, the plaintiff will have to prove that the person acted or cared below what another average person would have in the same situation.
Who is eligible for compensation or to sue the other party?
When a person is dead, their immediate family members usually get the right to sue the other party. However, there are other relatives or acquaintances who may become eligible in certain situations as well.
- The spouse that survived.
- Parents, if the deceased person has any.
- Other family members who were financially dependent on the person who died.
- The personal representatives of the person who died may have the right to.
If there is someone who has a firm belief they were married to the deceased person even when there is no evidence, they may also become eligible to seek compensation.
Ensure fair treatment with an attorney!
Contact a highly skilled attorney in the field; many online firms may help you as well. You can get a free initial consultation to be able to decide whether you want to continue with the same professional or not.
