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Texas Personal Injury News

Monday, March 19, 2018

Behavior On Which a Wrongful Death Claim Can Be Based

Q: Can an intentional malicious act be the basis of a wrongful death lawsuit?

When people think of a Texas personal injury lawsuit, they may think it arose from one of the more common accidents like medical malpractice or a car accident.

So, when police say a man admitted to punching his girlfriend’s baby hard in the head two times "causing the child's hands and feet to begin to twitch and shake" before "he died from blunt force injuries", most people think of the criminal charges.

But the alleged malicious infliction of harm which causes injury can be the basis of a civil personal injury lawsuit as well—regardless whether criminal charges are pursued. And if the victim dies, it can be the basis of a Texas wrongful death lawsuit by the victim’s closest surviving family members.

When someone seriously injures another person through their negligent, careless, or malicious actions, the victim can sue for compensatory damages in a personal injury lawsuit. In addition, if the liable party acted willfully or was grossly negligent, punitive damages may be recoverable. Very often, we see physical attacks-- like the one alleged here--that result in traumatic brain injury lawsuits.

Wrongful death lawsuits are complicated and differ on a case-by-case basis as to who has to stand to sue and what kind of damages they may be entitled to collect. That's why it's important to seek counsel from a skilled wrongful death attorney as soon as possible after the death--especially since there are relatively short time limits on commencing these lawsuits.

While wrongful death lawsuits and the awards associated with them differ, generally the victim’s final medical expenses and funeral expenses are awarded along with other compensation that's determined based on the victim’s relationship to the surviving family member.

In some instances where an adult wage-earner has been killed, there may be damages for loss of the victim’s financial support, benefits, services, and prospective inheritance. But even in cases where the victim was a child, family members can be awarded damages for trauma and loss of their relationship with that child. Damages can also be awarded based on the victim’s degree of consciousness and duration of suffering as well as their apprehension of their impending death and severity of their pain.

If you or a loved one have been injured, or a loved one has been killed, as a result of the actions or inactions of somebody else, the legal team at Chandler, Mathis & Zivley, PC can help maximize the compensation to which you may be entitled to. While we cannot undo the pain, taking legal action can help relieve the financial burden associated with your loss. Contact us today for a free consultation.

From our offices in Houston and Lufkin, Texas, we serve clients throughout East Texas as well as many other states.


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Chandler, Mathis & Zivley, PC has offices located in Houston and Lufkin Texas and serves clients throughout East Texas as well as many other states.
*Principal office in Lufkin, Texas



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