Dallas Wrongful Death Lawyers

The act of one person causing the death of another has several legal names, including "murder" and "manslaughter." These are criminal charges. In the civil court system, one person causing the death of another is known as "wrongful death."

A wrongful death may be caused by the intentional actions of a person or by his/her failure to act (negligence). The person killed (decedent) cannot file suit to collect damages, so the family and/or representatives of the decedent do so. Damages can be assessed for a wide variety of things in a wrongful death case: wages and benefits lost, loss of companionship, as well as the obvious emotional pain and suffering.

To be held responsible for a wrongful death, it must be demonstrated that the defendant's conduct caused the death; that is, that the death wouldn't have occurred without the defendant's action/inaction. If these criteria can be met, the time between the action of the defendant and the actual death of the decedent is not necessarily a factor.

Depending on the circumstances of the death, it is possible that the decedent is partially responsible for his/her own death. This is called comparative or contributory negligence and, depending on the state in which the incident occurred, may affect the assignment and award of damages.

The criteria and methods for determining who is eligible to file a wrongful death suit and recover damages vary by state. Generally speaking, three criteria must be met:

1. Another persons action(s) caused the death
2. The action(s) were "wrongful," such that the decedent, if he/she had survived, would have been due damages from the act
3. Monetary damages resulted from the act

Damages can be calculated in many ways in a wrongful death suit.

One of the most concrete damages is the actual cost of the medical and death expenses. These are usually easy to determine.

Loss of earnings and benefits of the decedent must also be calculated, and involve anticipating the lifespan and earnings of the decedent.

Loss of companionship is another common damage assessed. It is typically difficult to calculate, being extremely subjective and not empirically measureable. This does not mean that it does not exist, however: the emotional pain and suffering of the survivors of the decedent is perhaps the most real of all damages.

Finally, a wrongful death case may draw punitive damages. These are damages assigned with the specific intent of punishing the person responsible for the death. Typically, these are awarded only in cases of intentional or grossly negligent actions.

If you or a loved one is in need of legal assistance, call The Moore law Firm, PLLC at (972) 599-7676 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.