As a Burleson wrongful death lawyer, I known that losing a member of your family in an accident which was not their fault is not only an incredibly emotional experience; it can also have dire financial consequences for you and other surviving relatives. I'm sure that getting monetary compensation is probably the furthest thing from your mind if you have just lost a loved one. After all, there is no amount of money that can bring back someone you have lost. However, deciding whether or not to make a wrongful death claim against the negligent person or business who caused their death is an important decision you do need to make.
A couple of quick points up front:
You have no legal obligation to provide the at-fault party's insurance company with a recorded statement
It costs nothing to consult with an attorney on your legal rights and responsibilities
Under Texas law, your legal right to make a claim has a strict deadline of two years from the date of the deceased's accident
Understanding the Cost of Losing a Loved One
While winning a wrongful death claim can provide some sense of justice for the deceased's surviving family members, it does nothing to punish those who were responsible for their death. A civil claim is only about the money, which can often mean an extremely large settlement, depending on the circumstances in your unique situation.
Assuming that after their accident, your deceased loved one was treated in hospital before passing, Texas law gives you the right to pursue reimbursement of all personal injury costs related to the accident. This involves all doctor fees, hospital bills and any other medical expenses.
What is significantly different with wrongful death cases is that all future income provided by the deceased individual must also be taken into account. The actual dollar amount will of course depend on a number of details, but is meant to encompass any money that they contributed to the family which you will now miss out on after their death. These pecuniary damages may also include the loss of support, service and lost prospect of inheritance, as well as the cost you have spent on their funeral costs. Often, it is also possible to recover monetary compensation for the loss of parental guidance the deceased's child will now lose after the death of their parent.
For more information on making a claim, I invite you to give me a call and I'll be happy to discuss the law as it applies to your personal situation. You can reach me at any time by calling toll free at 800-354-6275 or locally at 817-294-1900.
Mark Anderson has been practicing personal injury law since 1991 and is recognised as one of the best attorneys in his field.
Mark is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization – a distinction held by fewer than 2% of Texas lawyers. He was selected as a life member of the Multi-Million Dollar Advocates Forum as recognition for his success in recovering compensation for his clients. He has been honored with the prestigious AV Rating by the Martindale Hubbard System and has been rated 10/10 (the highest level possible) by the AVVO Rating System which ranks attorneys based on experience, conduct and industry recognition. Mark was selected as a Top Personal Injury Attorney by Fort Worth Magazine in 2009 and 2010.
For more information about Mark, see his biography.
