Wrongful death cases, as the name says, involve the loss of a life. Wrongful death lawsuits are predicated on the negligence of another party. These types of cases are intensely litigated. The intensity stems from the emotional nature of losing a loved one, coupled with the large amounts of money being sought to justly compensate for your loved one’s passing.
Receiving the money you deserve after your loved one dies requires the following be proven, 1) that you have a statutory rights as a beneficiary of the deceased (spouse, children, and parents are generally the most common) and 2) that the defendant’s negligence, omission or unskillfulness caused your loved one’s death.
Texas law has an interesting distinction you need to understand. This is the difference between a “survival” claim and a “wrongful death” claim. The Texas Survival Statute allows the deceased person’s heir or estate representative to file a personal injury lawsuit in the same way that the deceased party would have been able to had they survived. Those filing the Survival Statue are “standing in the shoes” of the deceased in a survival claim. Damages for a survival claim include pain and suffering endured prior to death. A wrongful death claim is brought by the deceased’s spouse, children and/or parents. The wrongful death claims is brought to compensate the family members for damages arising from the loss of their family member. Wrongful death damage claims are meant to cover the financial losses of the deceased’s earning capacity, the value of support he or she provided, loss of companionship, and mental anguish caused by the death of the loved one. Under appropriate fact, punitive damages may be appropriate. If gross negligence played a factor in the death, the plaintiffs may punitive damages. Under Texas law, we call punitive damages “exemplary damages.” "Exemplary damages" means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages are neither economic nor noneconomic damages. 'Exemplary damages' includes punitive damages.
Experts usually needed in death cases. The experts are help to prove the amount of damages such as assessing earning potential of the deceased, and the amount of income lost due to a tragic death. Medical experts help to explain to a jury about the kind of pain and suffering the deceased endured prior to death. Hiring an experienced attorney who knows what experts are needed can make a major difference in the outcome of your case. Contact #TheMcAllenPersonalInjuryLawyer today. Hiring an attorney immediately is vital to preserve evidence and begin putting the insurance company on notice.
Contacting #TheMcAllenPersonalInjuryLawyer today will give you the best chance to recover all the money you and your family are entitled to. Call 956-501-6565 to speak directly with #TheMcAllenPersonalInjuryLawyer
