Wrongful death is the loss of life a person resulting from the negligent or willful act of another person or party. It is a claim under common law jurisdiction against those that are considered to be accountable for the death. The close relatives of the decedent are usually the ones who file the case under a civil action. The action is apart and separate from criminal charges, and each proceeding does not control or affect the other. Therefore, if the defendant have been sued for murder and is acquitted, the family of the victim can still sue under a civil action.

Wrongful death can be done for intentional or unintentional acts, which resulted to injury that causes the death. If during an argument, for example, a person is hit in the head by another person and it later resulted to the death of the attacked individual, it is an act that is caused intentionally. A driver of a car who causes the death of another person unintentionally through an accident can still be sued for negligence even though there was no intention to kill the decedent. If a swimming pool owner neglected to close off the swimming pool in his property and a child is attracted to it and then drowned, the property owner can be held accountable for his failure or omission.

The statutes are not applicable to an unborn child though since a person is not given distinctive legal statutes until such time that they are born. If a mother gives birth to a baby and then the infant died later because of an injury sustained before delivery, a wrongful death action can be done.

The pain of losing a loved one becomes more severe with the knowledge that it could have been averted. However, although it would be impossible to bring back the life of a family member, you could file a lawsuit against the person, business or entity whose negligence or wrongdoing directly resulted to the death of the victim.

Getting the services of a dedicated and skilled Farmers Branch wrongful death lawyer should be the first step you should take if you want your wrongful death action to be successful. This should be done as soon as possible since in Texas; the statute of limitations for the claim is only a couple of years. Usually, the employer or insurance provider of the party at fault will start investigating the death as soon as they can and will do anything to defend their employee or company no matter what the degree of negligence is. With a Farmers Branch personal injury attorney to help you, the liable person or party will not succeed in wrongfully putting the blame on the decedent further, who can no longer defend him or herself.

In Farmers Branch, contacting The Goolsby Law Firm should be your first action in a wrongful death case. Lawyers from the firm know that it is their duty to prove the negligence of the other person or party and give you the compensations that are rightfully yours. Call their office for a free consultation.

The Goolsby Law Firm – Protecting Your Rights
(972) 394-2141