A wrongful death is the ultimate catastrophic event that can occur because of the negligence, reckless behavior or the bad conduct of another person, business, employer, or fellow employee. The claim for Wrongful Death is brought by the surviving family members or the estate of the deceased.

There are many causes for Wrongful Death but most commonly, it occurs because of accidents involving motor vehicles, trucks, defective products, medical malpractice, and the work place.

If you or a loved one has been seriously injured, you need the help of the Dr. Shezad Malik Law Firm, call 888-210-9693 today to speak to the Medical Doctor-Attorney.

The Texas Wrongful Death Act is found in Chapter 71 of the TEX. CIV. PRAC. & REM. CODE. The Act provides compensation for the decedent's spouse, children, and parents for the losses they sustained as a result of the decedent's injury and death. The cause of action may be brought by any of the above mentioned parties as well as by the administrator or executor of the decedent's estate. The damages that are recoverable are those damages incurred by the above listed surviving family members. Siblings as well as aunts and uncles have no statutory cause of action.

Damages that are recoverable in a wrongful death cause of action include 1. Pecuniary loss for the care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value that the beneficiaries would have received from the decedent had the decedent lived; 2. Loss of companionship and society which includes damages for loss of consortium; 3. Mental Anguish; 4. Loss of Inheritance; 5. And, in some cases exemplary damages (punitive).

Another source for recovery in lawsuits involving the death of the plaintiff is the Survival Statute. Unlike the Wrongful Death Statute the Survival Statute allows the right to recover for personal injuries held by the victim at the time of his/her death. Generally the only cause of action which survives under the Survival Statute is one for personal injuries sustained by the deceased prior to his death.

A wrongful death suit is brought for the death of a person due to the carelessness, recklessness, or negligence of another individual, company or entity. Generally speaking, the immediate family members of the deceased are eligible to bring the suit against the accused. In Texas, a spouse may bring the suit, or the parents, or children of the deceased. In the event a minor child loses parents due to the wrongful conduct of a person or company, another family member can act as a “guardian” or as a “next friend” and the claim can be presented for the benefit of the minor child. Any recovery will then be placed into a trust fund held by the court, or placed into a guaranteed investment/annuity plan on behalf of the child to protect the minor’s interests.

Time Limitations
If you have lost a loved one due to the carelessness, recklessness, or negligence of another you need to consult a Texas Wrongful Death Attorney as soon as possible. There is a time limit for filing your claim so it is important to act quickly. The time limit or statute of limitations in Texas for a wrongful death suit is two years from the date the claim accrued. There are some exceptions to this rule, however so seek the counsel of a Texas Wrongful Death Lawyer if you feel you may have the right to file a wrongful death suit.

In certain circumstances the statute of limitations may be extended. In cases where the victims did not know or could not have known that negligence occurred the courts may allow an extension. This could happen in the instance of medical negligence where there may have been a cover up and the victims did not find out until after the statute of limitations was up. Special considerations may also be made for minors and those who may otherwise be incompetent. These types of situations must be well documented in order to be approved, so seek the assistance of a Fort Worth Wrongful Death Attorney to see if an extension may apply in your case.

What are the Necessary Factors in a Wrongful Death Case in Texas?
A wrongful death case involves a claim for damages stemming from another person's death. The plaintiffs in wrongful death cases will be certain people designated in the Texas Wrongful Death Act or in federal statutes. The Texas act provides that spouses, children and parents can sue for wrongful death damages for monetary losses and loss of companionship.

When a personal injury victim dies is what happens to the deceased individual's personal injury claims? The deceased person may have had medical expenses, and pain and suffering claims that arose prior to his or her death. These claims survive after death and become part of the deceased's estate. Therefore, those individuals that benefit from the deceased's will or through inheritance will have standing to pursue the deceased's personal injury claims. Sometimes, these beneficiaries are the same persons as those authorized to sue by the Texas Wrongful Death Act.

Dr. Shezad Malik Law Firm is a Southlake, Texas boutique law firm that concentrates in two major practice areas of civil litigation: Personal Injury, and Medical and Professional License Defense. Dr. Shezad Malik is licensed as a physician for the past 25 years, is board certified in Internal Medicine, has practiced invasive cardiology and now practices law. It is now with this extensive medical background that Dr. Malik brings his medical expertise to the focused areas of his practice.