When a person loses a loved one due to a tragic accident, that person loses an incredibly important part of his or her life and is left with a lot of unanswered questions. Who is to blame for this? How did the accident happen? Do I have grounds for a wrongful death lawsuit to hold those responsible for the accident accountable? Do I need a seasoned and skilled Texas wrongful death attorney? The lawyers at our Law Office have been handling wrongful death litigation for two decades, so we are all too familiar with the feelings you are experiencing after the loss of someone close to you. If you want to pursue legal action, we want to make sure you are as well informed as possible regarding the legal options you have, and the hurdles you will have to surmount in order to succeed in your case and obtain the just restitution you have coming for the loss of your loved one. More on this website
There are three main purposes for the initiation of any wrongful death lawsuit in Texas:
Make sure the negligent party or parties responsible for negligent actions or inaction that led to the death of an innocent person are being held accountable.
Forcing negligent parties, through the use of monetary incentives, to change their behavior so more people do not suffer injury going forward.
Ensure that the loved ones of the victim obtain fair compensation so they are not subjected to monetary stress as well as the mental trauma they are already experiencing.
Of course, no amount of monetary compensation can come anywhere close to replacing your lost loved one. If the deceased family member was the main provider, however, then your family is experiencing some major monetary problems because of your loss. The Texas wrongful death lawyers with our Law Office can help alleviate the monetary problems you are going through. Our lawyers are passionate about helping ease the financial burdens faced by families who are going through an incredible loss. We not only want to make sure those responsible for your tragedy are brought to justice and held accountable for their wrongdoing, but we also want to help you recover monetarily. By getting the just restitution you have coming to you, you can concentrate on recovering, both emotionally and physically, from the loss you have experienced.
From a legal perspective, the term damages refer to financial compensation that the loved ones of a deceased family member can recover not the actual harm that was experienced by the family member. In a comprehensive wrongful death civil suit, there are two kinds of damages that can be pursued: wrongful death and survival damages. Wrongful death damages are designed to provide compensation to a grieving family for the emotional and financial strain they have experienced since the death of their family member. Spouses, children, parents, and other dependents can all seek to obtain wrongful death compensation, and there can be multiple wrongful death damage claims in a single wrongful death lawsuit. Wrongful death damages that can be obtained include compensation for:
Medical bills the victim incurred prior to his or her death.
The loss of financial support the victim provided prior to his or her death.
The emotional and mental trauma the family suffers due to the loss of the family member.
The loss of unique love and consortium only the deceased family member could provide.
On the other hand, survival damages are designed for only the closest living relative to obtain compensation commensurate to the value of a lawsuit the deceased could have filed had he or she survived the accident and had been injured. Basically, the deceased's closest living relative serves as, more or less, a proxy for the victim, and inherits the personal injury lawsuit that the deceased would have been able to file. Anyone seeking survival damages can also pursue wrongful death damages. However, a victim's brother or sister can only seek survival damages if he or she is the victim's closest living relative. The right to pursue survival damages starts with the spouse, then goes to the children, parents, and then siblings. Again, only one family member can pursue a survival damages suit, but all family members can seek to obtain wrongful death damages.