Wrongful death lawsuit: Is the personal injury also the same?

wrongful death lawsuit

If your loved one has died as the result of someone else’s negligence, you may have cause to file a claim for wrongful death. Wrongful death is considered a specific type of personal injury case in which the person who was injured has passed away, making the family members of the deceased the rightful recipients of compensation for their injuries. Therefore, a wrongful death case is a personal injury case. When someone dies as a result of someone else’s negligent actions, the family may experience financial hardship as a result of death. Just like other types of personal injury cases, attorneys in Dallas can help you file a lawsuit in civil court to request compensation for the injuries that occurred to your loved one as a result of someone else’s negligence. 

What is a Wrongful Death?

Just like any other type of personal injury lawsuit, there are certain factors that must be met for a successful outcome in the case. In order for wrongful death attorneys in Dallas to successfully file a lawsuit on your behalf, there has been a death of a human being, the person’s death resulted from the at-fault party’s negligence or intent to harm and the surviving family members have suffered monetarily as a result of their loved one’s death. If all elements have been met, a lawsuit can be successfully filed. 

Common Causes of a Wrongful Death

Unfortunately, someone may be killed in any type of accident, but it is whether or not the accident was the result of someone else’s negligence or intent to harm that determines if it is appropriate to file a  lawsuit. There are many types of accidents and a variety of circumstances for which a wrongful death lawsuit may be filed, but the most common causes of wrongful death include:

  • Automobile accidents-Deaths from automobile accidents can happen for a number of different reasons. Negligence may include speeding, reckless driving, distracted driving, or driving under the influence. 
  • Pedestrian, bicycle and motorcycle-Pedestrians, motorcycle riders, and bicycle riders do not have the same protection that someone in an automobile has; which puts their safety at risk. 
  • Medical malpractice-Unfortunately, medical malpractice is more common than you may think. Medical negligence can occur for a variety of different reasons, such as a doctor skipping a necessary test, a doctor not recognizing symptoms, or misdiagnosing a patient. 
  • Workplace accidents-Workplaces that are prone to accidents generally provide the appropriate safety equipment and training for their employees. However, in some situations, even the best training and following the safety regulations don’t work. Some of the most common causes of workplace wrongful deaths occur as a result of explosions, slips and falls, burns, and malfunctioning equipment. If these situations occur as a result of negligence, a wrongful death claim can be filed. For instance, if management failed to install safety railing and someone dies as a result of falling from an unsecured height.

Who Can File a Claim for Wrongful Death?

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It is extremely important to note that not everyone who is related to the deceased can be awarded damages. The protocol for filing a lawsuit for compensation after the death of a family member is extremely strict. Generally, damages may be awarded to a spouse of the deceased, children of the deceased, or parents of the deceased. 

If your loved one has died due to someone else’s negligence, it is critical that consultations with wrongful death attorneys in Dallas be done as soon as possible following the death. There is a statute of limitations for filing a wrongful death case, so speaking with your attorney as soon as possible ensures your case will be addressed. Understanding what constitutes a wrongful death case can be overwhelming and stressful for the family of the deceased, but the process of a wrongful death lawsuit can be eased with the help of an experienced personal injury attorney.

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