Harrell, Stoebner & Russell, P.C.
Now in Temple
and Killeen

What does it take to win a wrongful death lawsuit?

If you lost a loved one in an accident that was the result of another person's negligence or purposeful intent to harm, according to the laws of Texas you may have legal recourse. A wrongful death lawsuit, if successfully litigated, can result in you receiving a monetary judgment for any of your documented losses.

Living with the pain of losing a child, parent, spouse, partner or other loved one in such a tragic and untimely way can be absolutely devastating. Revisiting the tragedy by pursing a lawsuit can be a challenge. Before going down that road, you may want to make sure your case possesses all the required elements for successful litigation.

Required elements

There are four elements that have to be present in order for a wrongful death case to succeed. These are:

  • Death of a person occurred
  • Death was caused by negligence or intent to harm
  • Surviving family members sustained monetary losses as a result
  • A personal representative was put in charge of the victim's estate

It can take time to gather all of the necessary information to show that all of these elements exist in your case. However, one can seek help with this task.

Recoverable damages

Many people choose to pursue wrongful death claims as a way to seek justice for their loved ones. These claims are about more than that, however. They are about seeking relief for surviving family members. Any funds received in a successfully litigated wrongful death case are to cover funeral costs, medical costs -- if applicable -- lost income, and benefits and various other economic damages. The awarding of a monetary judgment for non-economic damages such as loss of companionship, and psychological pain and suffering may also be possible.

Ask questions

There is no amount of money that can replace a life taken too early. A wrongful death lawsuit is not about putting a price tag on your loved one's life. It is simply about helping you through the economic hardships that have resulted because of your loss. If you are not sure if pursing such a course of action is best for you, when you are ready, ask questions. Your legal counsel can review your case and help you pursue legal claims if doing so is appropriate for your situation.

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