Tag Archives: litigation

What Is a Wrongful Death Claim?

Texas attorney Tony Nguyen vigorously defends his clients’ rights in a range of personal injury cases, including accidents and medical malpractice, and he provides compassionate guidance and advocacy in wrongful death proceedings.

A wrongful death occurs when a person dies due to the intentional or negligent action of a person, business, government agency, or other entity. Claims for wrongful death are filed by a lawful representative of the survivors of the deceased. Depending on the jurisdiction, survivors may include immediate or distant family members, domestic partners and presumed spouses, financial dependents, and others who would be financially affected by the death. Numerous situations can lead to a wrongful death claim, including car, truck, and aviation accidents; medical malpractice; product liability; industrial and construction activities; and criminal conduct.

Typically, there are several types of damages available to survivors, although the amount of damages allowed by law varies due to many complex factors. Economic damages allow survivors to recover the value of the victim’s tangible financial contributions, such as salary and benefits. Noneconomic damages may be awarded in recognition of the survivors’ suffering and emotional anguish, as well as for the loss of a victim’s love, companionship, and protection. While they are not available in all instances, punitive damages often are awarded when the circumstances or actions that led to a death were particularly egregious. Wrongful death claims usually must be filed within a certain period. Because of the complexity of many cases, an experienced attorney such as Tony Nguyen should be consulted as soon as possible.