Dealing with the death of a family member is never easy. Time spent mourning over loved ones is inevitably complicated by financial concerns. If the wrongful death of a family member has left you financially vulnerable, you may be entitled to monetary compensation. At the Law Offices of Blaine A. Tucker, we’ll work on your behalf to ensure you receive due compensation while affording you the time to mourn the loss of your loved one.

While no amount of money can ease the pain of losing a spouse, parent or loved-one, a wrongful death settlement can help get you back on your feet. But what is wrongful death? What does a wrongful death lawsuit entail? And what does a wrongful death lawyer need to prove?

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What is Wrongful Death?

A wrongful death lawsuit is a civil case that claims that the victim was killed as a result of negligence (or other type of unjust action) on the part of the person or entity being sued (the defendant); and that the victim’s survivors are entitled to monetary damages as a result of the improper conduct. A wrongful death lawsuit generally consists of three elements that a wrongful death lawyer must prove:

  1. The death was caused (in whole or part) by the conduct, negligence or misconduct of the defendant.
  2. There is a surviving spouse, children, beneficiaries or dependents.
  3. Monetary damages have resulted from the victim’s death.

A wrongful death can occur anywhere, from the workplace to the surgery table. A wrongful death is caused by someone else’s negligence, mistake, or carelessness and should therefore not be the responsibility of the survivor to bear alone. Wrongful death suits very commonly complement medical malpractice lawsuits if it can be proven that the malpractice or negligence resulted in the patient’s death.

Wrongful Death vs. Murder

Murder and manslaughter fall under criminal law, while wrongful death is a civil action suit. A wrongful death action is separate and apart from criminal charges like murder or manslaughter; meaning that neither proceeding affects nor controls the other. This means that a defendant acquitted of murder in a criminal case may be sued in a civil action by the victim’s family for wrongful death.

Wrongful Death Statute of Limitations

The grief of losing a loved one can be overwhelming and seeking legal advice to determine what your legal rights are may not feel like an urgent issue, but please be advised that wrongful death cases are subject to a statute of limitations on filing for compensation. This means you only have a specific period of time within which to file your lawsuit or you will lose your right to recovery.

So please, don’t hesitate. Contact us today for your free consultation.

In times of grief it may be difficult for family members to understand the importance of a prompt investigation of the circumstances of the death, the preservation of the evidence, and the identification of all the responsible parties; however these factors are important in building a wrongful death case.

Wrongful Death Lawyer Blaine A. Tucker

When a loved one has died as a result of the negligence of another, you can count on respect, results, and expertise from the Law Offices of Blaine A. Tucker. Our professional and experienced staff will work diligently to ensure that the appropriate amount of compensation is provided to the surviving members of the family so they do not bear the financial burden of loss alone.

At the Law Offices of Blaine A. Tucker, we will fight for your rights, and we will do it while giving you the personal attention you deserve. To begin an evaluation of your case, contact our wrongful death attorneys who can assist you in understanding your options and protecting your interests.

Contact Houston Wrongful Death Attorney, Bat Tucker today at 713-771-5453 for a FREE CONSULTATION to discuss your options with him.