This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Texas Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
State law reserves the right to wrongful death settlements in Texas to the decedent's closest family members, including: The surviving spouse. Biological and adoptive children. Parents.
If you want to file a claim for wrongful death in Texas, you must meet at least one of these criteria: You are the surviving spouse. You are a surviving child (adult or minor). You are the surviving parent(s).
There may be more than one beneficiary of a wrongful death settlement, and how the settlement is distributed depends on the parties involved. For example: Due to the nature of their relationship, surviving spouses are likely to receive more than children.
In cases where the surviving family members accept a settlement offer, there is no jury to decide how wrongful death compensation is divided. Instead, your attorneys will help you decide by applying past legal precedence from cases where juries have been asked to divide monies under similar circumstances.
To successfully file a wrongful death lawsuit in Texas, it must satisfy the four elements of negligence. This includes duty, breach, causation, and damages. You must demonstrate that the offender owed the deceased a duty of care and that their breach of duty caused the death resulting in your damages.
The settlement money is paid to a surviving spouse, children, parents, or estate. If your family suffered the loss of a loved one because of the actions of another party, Evans/Reilley may be able to help.
Non-economic damages. Texas places a cap on non-economic damages in wrongful death medical malpractice claims that was originally valued at $500,000, but families can receive $1,500,000 or more after the cap is adjusted for inflation.
Here are the main steps in wrongful death claims in Texas: Talk to a lawyer. ... Obtain a death certificate. ... Determine whether the deceased left a will. ... Investigate the deceased's death. ... Identify the eligible survivors. ? ... Document the losses suffered by the deceased and their family. ?