A Texas Wrongful Death Claim: What You Should Know
If someone else’s negligence has caused you to lose a loved one, you need an experienced Central Texas personal injury attorney on your side. Wrongful death claims are complicated, but pursuing such a claim can be exceedingly important to your family’s ability to carry on after losing a loved one. If you are considering bringing a wrongful death claim in Texas, there are several things you should know.
Wrongful Death
A claim of wrongful death in Texas can be filed by specific individuals if the death in question was caused by someone’s wrongful act, neglect, carelessness, unskillfulness, or default. Such claims can include car accidents, truck accidents, medical malpractice, and much more. Further, a company or manufacturer can be responsible for a wrongful death claim – when a faulty or defective consumer product, for example, fatally wounds a consumer.
Bringing a Wrongful Death Claim
In the State of Texas, certain family members can bring wrongful death actions, and they include the deceased’s spouse, children (including adoptive children if the adoption was both legal and finalized), and parents. A wrongful death claim can be brought as an individual action, or family members can come together and file a joint claim. Siblings are excluded from entering into wrongful death claims in Texas.
Damages Allowed
The damages that are allowed in wrongful death claims are intended to compensate family members for the losses they incurred with the death of their loved one. The exact nature of the damages awarded is typically predicated on the relationship between the deceased and the relative who is bringing the claim. Those damages that are most common include lost earning capacity; loss of household services, support, care, counsel, and guidance; loss of inheritance; and lost love or companionship.
Punitive Damages
If the negligence of the person who caused you to lose your loved one was willful or constitutes gross negligence, punitive damages may also be a consideration. Punitive damages are intended to punish the negligent party and to send the distinct message that such behavior will not be tolerated.
Your Wrongful Death Claim
Every wrongful death claim is unique to its own set of highly specific circumstances. If you have lost a loved one, no amount of compensation can ever make up for that fact. Obtaining the compensation to which you are entitled, however, can help your family move forward with intention. Losing a loved one is not only emotionally devastating but is also often financially devastating. If you have lost a family member due to someone else’s negligence, you need an experienced Central Texas personal injury attorney.
If You Have Lost a Loved One to Someone Else’s Negligence, You Need a Knowledgeable Central Texas Personal Injury Lawyer
Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Central Texas has the experience, the compassion, and the dedication to aggressively advocate for you and your family’s rights. Mr. Pritchard is here to help, so please contact or call us at (254) 220-4225 today.