Austin Accidental Death Attorney
The concept of a wrongful death lawsuit is a bit hard to understand. Simply put, it is a civil (not a criminal) action that means a person is charged with liability for injuries that caused another person’s death due to negligence or failure to act. In cases such as this, the person in the role of the plaintiff (estate administrator/executor) needs to prove the deceased would not have died “but for the negligence of the defendant.”
Each state has a unique wrongful death statute, and in Texas, people have the ability to file a wrongful death suit because the Legislature passed a law allowing this. It’s best to ask what provisions are applicable in Texas. We have those answers for you, and would be happy to discuss your potential wrongful death case with you.
You do need to understand that not every accidental death results in a wrongful death claim. The circumstances of the case are what will distinguish it. If there does appear to be a valid claim, the facts of the case will also tell us in which areas the courts may award compensation. E.g. pain and suffering prior to death, lost lifetime earnings, medical bills, property damages, loss of spousal services, punitive damages, death and funeral expenses.
Wrongful death statutes allow only certain persons to file a claim and these include a surviving spouse, a child (represented by a guardian if they are too young) or next of kin. Generally speaking, damages in these kinds of cases may include an award for the financial contributions the deceased would have made to his family and/or parents if he had survived. These are in the category of economic damages.
There is also a category called compensatory damages, which are specifically earmarked to make restitution for the sum of money lost due to the death. These are the most common form of damages awarded in wrongful death actions. Non-economic losses, in other words, not easily quantifiable but recognizable, may include loss of solace, moral support, comfort, companionship and love. None of these cases are easy for the people involved. We understand your loss.
To bring an action in this area, you must be a personal representative of the deceased. Since each state has a slightly different wrongful death statute, talk to us about what is required in Texas. Please, speak to us about your case. We know the value of loyalty, honesty and honor, something our clients deeply appreciate.