When someone dies as the result of the negligence, malpractice, or inaction of another person or party, the family of the decedent can bring what is called a “wrongful death” lawsuit against the individual or individuals responsible for his or her death. Typically, spouses, children, and parents of the decedent are beneficiaries that may recover damages in a wrongful death lawsuit, but parties entitled to pursue recovery may vary from jurisdiction to jurisdiction.

If you have any questions regarding whether or not you may be entitled to pursue a wrongful death action on behalf of a family member, you are encouraged to speak with the qualified and experienced Texas Wrongful Death Attorneys at Sullo & Sullo, LLP about your case. The Wrongful Death Lawyers at Sullo & Sullo, LLP can provide advice and counsel on these matters and would like to hear more about your case.

There are three main questions to address when one is trying to make a determination as to whether or not he or she has a Wrongful Death Claim:

1. First, did the untimely demise of the decedent result in harm for which you can show compensable damages?

   Compensable damages are damages that can be readily documented and accounted for, and that usually have a concrete or tangible value. Some common examples of compensable damages in a wrongful death case include, but are not limited lost earnings and financial support, funeral and burial costs, costs for substitute household services, lost future benefits to surviving heirs, as well as other damages related to the loss of the victim;

   Ultimately, you can discuss your individual circumstances with the qualified Texas Wrongful Death Attorneys at Sullo & Sullo, LLP in order to determine if your “compensable damages” are sufficient enough to justify pursuing a wrongful death claim.

2. Second, can you identify a third party who was responsible for the death of the victim?

   You can, along with the qualified and experienced Texas Wrongful Death Attorneys at Sullo & Sullo, LLP try to determine if a third party was responsible for the decedent’s death. You can also have one of our wrongful death attorneys determine if it is possible and/or likely to prove that this third party was in fact responsible (i.e., through negligence or unlawful conduct) for the demise of the victim.

3. Third, do you have standing to bring a wrongful death action?

   Generally, the family or heirs of the decedent can bring a wrongful death lawsuit in court to try and recover damages for the loss of the victim. While who exactly can file varies from jurisdiction to jurisdiction, the deceased’s parents, children, and/or spouse can almost always bring suit. You can, along with the qualified and experienced Texas Wrongful Death Lawyers at Sullo & Sullo, LLP, try to make a determination as to whether or not you are eligible to bring a wrongful death lawsuit.

The best way to decide about whether or not to move forward with a wrongful death claim or lawsuit is to consult the qualified and experienced Texas Wrongful Death Attorneys at Sullo & Sullo, LLP about your case. As a layperson, you probably do not have enough knowledge and information about the law to make proper decisions about how to proceed. Moreover, the legal process can be an intimidating one, with many twists and turns that you may not be prepared for.

As such, speaking with a wrongful death attorney is the best way to:

1. Explain your rights, including whether or not you have standing to actually bring a wrongful death claim based on your relationship to the decedent;
2. Evaluate the strengths and weaknesses of your case, including whether or not it is possible and/or likely that you will be able to prove that another party was in fact responsible for the death of victim;
3. Estimate your wrongful death damages and potential recovery based upon your individual circumstances;
4. Educate you on the process of filing a wrongful death claim, including determining whether or not the statute of limitations has passed;

The Texas Wrongful Death Attorneys at Sullo & Sullo, LLP can assist you with the above listed matters as well as answer any other questions you may have regarding your potential wrongful death claim.

Damages: Wrongful Death Damages usually fall into one of two categories, Wrongful Death Compensatory Damages and Wrongful Death Punitive Damages:

1. Wrongful Death Compensatory Damages: Wrongful Death Compensatory Damages are documentable damages that account for actual, tangible losses attributable to the death of the victim. Some common examples of wrongful death compensatory damages include medical expenses, funeral and burial expenses, loss of future income, losses associated with the cost of substitute household services, and loss of companionship;

2. Wrongful Death Punitive Damages: Wrongful Death Punitive Damages are often times imposed in situations where a party has acted intentionally, recklessly, or grossly negligently in causing the death of the victim. This type of damage is intended to try and discourage similar actions in the future and are awarded in addition to the Wrongful Death Compensatory Damages referenced above;

It is important to note that sometimes, depending on the jurisdiction, and even on the presiding judge, that limits can sometimes be placed on the amount of money a jury can award in compensatory and/or punitive damages to a victim’s family that has brought a wrongful death claim.

If you are an individual with a potential wrongful death claim with questions about damages in wrongful death actions, contact the Texas Wrongful Death Attorneys at Sullo & Sullo, LLP.