A wrongful death lawsuit claim occurs when a death occurs from the negligence or misconduct of another individual, company or entity. A claim for wrongful death belongs to the immediate family members of the deceased . A suit for wrongful death may only be brought by the personal representative of the decedent's estate. Every state has a civil wrongful death statute, or set of statutes, which establish the procedures for bringing wrongful death actions. The damage awards from these actions belong to the estate and may pass to different parties as directed according to the will of the decedent.
Some of the elements in a wrongful death lawsuit include the following:
The death of a human being
Death caused by the negligence of another or with intent to cause harm
Suffering of the surviving family members as a result of the death
Remember that a claim may also arise from a number of varying circumstances such as:
Medical malpractice
auto or plane accident
Exposure to hazardous conditions or substances through an occupation
Criminal behavior
Death during a supervised activity
If you think you may have a wrongful death claim, contact your local Frisco, TX wrongful death attorney
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