When you or a loved one are killed because of the negligence or other wrongfull actions of another individual or company, that is what is known in the law as wrongful death. A claim for wrongful death is a statutory claim that is asserted by the family of the deceased against the responsible party. Under the Texas Wrongful Death statute, the spouse, children, and/or parents may be parties to the wrongful death suit. Wrongful death claims seek the recovery damages for the losses that are suffered by the persons who are the survivors of the decedent.
The types of damages that you may recover under the Wrongful Death statute include the projected future earnings of the decedent, lost benefits, expenses resulting from the death, loss of inheritance, mental anguish, pain & suffering and, in some cases, the loss of the care and companionship of the decedent. Additionally, depending on the circumstances surrounding the death of the decedent, you may be entitled to recover punitive damages.
Other claims that may be asserted when a family member has been fatally injured by the negligence of another include survival and bystander claims. Survival claims are also statutory claims that are usually brought by a representative of the family or the estate of the decedent. A survival claim seeks to recover damages for the claims that the decedent could have brought had the decedent not been fatally injured the accident. Claims for the pain & suffering, the mental anguish, and the medical expenses of the decedent that were incurred prior to the death of the decedent are included in the types of damages that the estate may have under the Survival statute.
When a person, who has a close or intimate relationship with the deceased, witnesses the accident causing the death of the decedent and suffers emotional trama, such person may qualify for what is described as a “bystander” claim. This type of claim may allow certain persons to recover damages from the responsible party who may not be able to recover damages under the Texas Wrongful Death or Survival statutes.
We understand that wrongful death accidents cause serious financial and emotional damage to the families of the decedent. If you have a loved one who has been fatally injured by the negligence or wrongful act of someone, let a knowledgeable Fort Worth injury lawyer help you and your family handle these hardships. At The Law Office of Stephen O’Rear, P.C. we will stand up to negligent companies and individuals who wrongfully cause the death of another individual to ensure that your legal rights are respected.
Under Texas law there is a limitation on the amount of time for you to file a lawsuit to recover damages for wrongful death, so call us for a free consultation to discuss your rights and obtain information as to how we can assist you to recover just and reasonable compensation for your injuries and damages. You owe no fees unless we recover.
Call us today at 817-386-4988 or contact us online to schedule a personal no obligation consultation.