What is an injury or wrongful death action?

An injury or wrongful death action is a legal action that may be taken when someone has been injured or killed due to the negligence of another party. This legal action involves filing a claim against the responsible party in a civil court of law, and seeking financial compensation for the damages caused. In Texas, injury or wrongful death actions are governed by the state’s civil tort laws, which set out the elements required to bring a successful lawsuit and determine the amount of damages recoverable. In a personal injury case, the injured party files a civil lawsuit against another party who was negligent or acted with intent to harm them. Examples of acts which could give rise to a personal injury action include medical malpractice, an auto accident, a slip-and-fall on someone else’s property, assault and battery, and product and pharmaceutical-related injuries. In a wrongful death action, the estate of the deceased person files a civil lawsuit against another party who was responsible for the death. The state of Texas allows for wrongful death claims when the death was caused by someone else’s negligence or wrongful act. Examples of incidents that can lead to a wrongful death action include medical malpractice, an auto accident, or a premises liability case. In both injury and wrongful death cases, the plaintiff must prove that the defendant was negligent or acted with intent to harm them. If negligence or intent is proven, then the plaintiff may be entitled to recover economic and non-economic damages, such as medical expenses, lost income, and pain and suffering.

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