The sudden loss of a loved one is shocking under any circumstance, but when the death results from the carelessness of someone else, the pain and anger are somehow magnified. In Texas, auto accidents and workplace accidents are the most frequent causes of accidental death, while falls, acts of violence and other incidents claim far too many lives as well.
Fortunately, there are monetary damages a surviving family member may be able to recover through a wrongful death lawsuit. While no amount of money can change what happened, a successful claim can help a family move forward with some level of financial confidence.
Who Can File a Wrongful Death Lawsuit in Texas?
Wrongful death claims can be pursued when a death resulted from someone else’s “wrongful act, neglect, carelessness, unskillfulness, or default,” according to Texas law. People eligible to bring a case include immediate family members (spouse, biological and adopted children, and parents) and the executor of the estate.
We’ve previously written a more detailed article on this topic, which you can find here.
What Types of Damages Are Available in a Texas Wrongful Death Claim?
Monetary damages come in two varieties in Texas: compensatory and punitive.
Punitive damages are rare. They are only awarded when the person responsible for the death can be proven to have acted willfully or in a grossly negligent manner. This is often a hard standard to prove, making punitive damages uncommon.
Compensatory damages are a different story. These damages compensate the surviving loved ones for losses they suffer due to the death. Several different types of compensatory damages exist, including:
- Loss of future earnings
- Funeral expenses
- Medical bills
- Loss of love and companionship
- Emotional pain and suffering
- Pain and suffering experienced by the deceased person prior to death
- Loss of inheritance
- Loss of services (the support and advice the survivor may have received from the loved one who passed away)
Every situation is different, and the amount of damages available varies in every case. An experienced Texas wrongful death lawyer will investigate the circumstances of the accident and build as strong a case as possible given the facts. You should seek out attorneys who have significant experience in fatal accident cases resulting in skills that are only developed through working in this specialized field.
Our Dallas Fatal Accident Lawyers Are Here for You
The wrongful death attorneys here at Ted B. Lyon & Associates have decades of experience handling these important cases. We are aggressive advocates for survivors and compassionate counselors who will treat you and your family with respect and dignity. If you would like a free, no-obligation evaluation of your potential claim, please call us at 800-TedLyon or contact us online.