1100 N.W. Loop 410, Suite 365
San Antonio, Texas 78213
Tel. (210) 979-9777
Fax. (210) 979-9774
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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation
of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.
Not certified by the Texas Board of Legal Specialization.
Copyright © 2008  The Báez Law Firm, P.C. All Rights Reserved!
Wrongful Death
A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another
individual, company or entity. An action for wrongful death belongs to the decedent's immediate
family members (often called "distributees"). The most common distributees are surviving spouses
and children, and sometimes parents. A suit for wrongful death may only be brought by the
personal representative of the decedent's estate. Every state has a civil "wrongful death statute," or
set of statutes, which establish the procedures for bringing wrongful death actions. Actions for
personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are
also brought by the personal representative. The damage awards from these actions belong to the
estate and may pass to different parties as directed by the decedent's will.

In order to bring a successful wrongful death cause of action, the following elements must be
present:

The death of a human being;
Caused by another's negligence;
The survival of family members who are suffering monetary injury as a result of the death, and;
The appointment of a personal representative for the decedent's estate.
A wrongful death claim may arise out of a number of circumstances, such as in the following
situations:

Medical malpractice that results in decedent's death;
Automobile or airplane accident;
Occupational exposure to hazardous conditions or substances;
Death during a supervised activity.
Damages in a Wrongful Death Lawsuit

Pecuniary, or financial, injury is the main measure of damages in a wrongful death action. Courts
have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of
inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a
wrongful death shall be fair and just compensation for the pecuniary injuries that resulted from the
decedent's death. If the distributees paid or are responsible for the decedent's funeral or medical
care, they may also recover those expenses. Finally, a damage award will include interest from the
date of the decedent's death.
THE BAEZ LAW FIRM, P.C.
"We Care About Your Legal Needs"
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PHYSICAL LOCATION:
1100 N.W. Loop 410, Suite 365
San Antonio, Texas 78213
Tel. (210) 979-9777
Fax. (210) 979-9774
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