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Wrongful Death and the Courts

What to know if you have a case.
By D Partner Studio |
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What you may consider to be a wrongful death, and what the court considers a wrongful death may be two different things. But how do you know? Much of it depends on the personal injury lawyer you choose. He or she will not only help you determine if you have a viable case, but will also be the primary factor in convincing the judge and jury that a wrongful death has occurred.

What is wrongful death?
A good example is if someone close to you, perhaps your parent or child, died because of someone’s negligence, you may consider suing for wrongful death. It’s common to wonder about the viability of filing a wrongful death claim. The first thing to know is that time is an issue, as the statute of limitations to file a wrongful death lawsuit is two years. Therefore, even during a difficult time of mourning the loss of a loved one, it’s important to determine if you want to pursue a wrongful death case.

Another common concern is knowing if you have the standing to file and what factors the court will consider in such a case. In general, you can file if you are a spouse, dependent, child, or beneficiary.

How do you know if you have a case?
When you are searching for a personal injury attorney and going through the initial steps, consider the following:

  • What the person would have earned. A wrongful death can mean you have lost potential income from your spouse or parent. Lost earning capacity is something the court may consider. Similarly, if the deceased person would have provided services, support, advice, comfort that can factor in.
  • Lost or reduced inheritance. It is also possible to make a case based on what you would have
    inherited had that person lived a normal life span. For example, if your spouse died and had at least 20 years of work left in front of him or her and earned $1 million a year, a lot of that money might have gone to you.
  • Your suffering. Death takes a huge toll, and you may be experiencing the greatest suffering of your life. Compensation for that suffering is something a judge often wants to keep in mind.

Remember that each case is unique, and you can possibly seek further compensation on grounds such as exemplary damages (also known as punitive damages). Also keep in mind that a judge may decide to give more damages to a certain family member than to another. For example, a spouse may benefit more than other family members.

An experienced, reputable attorney can analyze your case and give you an idea of what to expect about your potential wrongful death case and help you determine if you want to file by yourself or wither others.

For more than 40 years, Ted Lyon has been dealing with all types of personal injury law. He and his staff of trial lawyers know their way around a courtroom and are committed to fighting for the rights of people who have been unjustly treated. When Lyon and his team choose to take a case, they do so with an understanding about what’s at stake and a deep sense of commitment to serve their legal needs. They believe everyone facing a difficult legal challenge is entitled to a vigorous advocacy and have a strong record of results in a broad range or personal injury claims. Lyon’s clients always have a skilled, knowledgeable, and dedicated lawyer working on their side to protect their rights and seek the best possible outcome on their behalf. Their principal office is located in Mesquite, Texas. 

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