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Personal Injury: Accidents > Texas Wrongful Death
Accidental Death & Wrongful Death Cases
The term "accidental death" refers to a fatality that has occurred as a result of
an accident. Accidental deaths can occur anywhere and at any time. This can include:
Deaths that either occur intentionally (such as homicide, murder, manslaughter)
or as a result of a criminal act (burglary, DUI) are usually handled in a criminal
case. Accidental deaths that do not fall under criminal cases may have rights in
a civil suit if the accident was due to the negligence of another (person, company,
entity etc.). This would be considered a personal injury/wrongful death case. When
an accidental death/wrongful death suit is filed it is usually filed by a family
member of the deceased. The intention of an accidental death civil suit is to hold
the negligent party responsible for the death that occurred. This may be resolved
with a monetary compensation to assist the family with expenses that they may incur
due to the death of a family member.
Texas Wrongful Death
A wrongful death claim is a claim against someone that can be held
liable for a death. The actual death must have been caused by the defendants conduct;
but may have not necessarily had the intention of killing the victim. The deceased
must also have family members who have suffered emotional or monetary damages as
a result of the death.
Often time's wrongful death suits find their way into civil cases; when criminal
cases do not result in a conviction. If a case is a criminal case, it will not always
be a civil case. Usually a civil case is filed if the defendant is found "not guilty"
in a court of law within the criminal case. If this occurs; a civil suit may be
filed against the defendant for activities that resulted in the persons injuries
(not activities that resulted in the person's death) in an attempt to hold them
accountable for the wrongful death in a civil case. Each state has its own laws
regarding liability; determined by the tort law of each
state.
Related
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