Under Texas law, a wrongful death claim is one that may be brought by those who have survived the deceased. The idea is to compensate them for certain losses sustained due to the death of their family member. The wrongful act that caused the person’s death can be intentional, reckless, or even negligent. The best way to assert this type of claim is to hire an attorney with plenty of experience in wrongful death claims. The attorney should be able to ascertain the exact losses by the family member that are compensable and advise the clients what a fair compensation consists of.
Who Can File a Wrongful Death Claim
There are certain types of claimants who may bring a wrongful death claim in Texas. This is referred to as “standing”. In brief, the surviving spouse, children, and parents of the deceased may bring the wrongful death action. Yet, if none of these individuals have begun the action within three calendar months after the death of the injured individual, their executor or administrator may bring and prosecute the action, unless requested not to by all those eligible individuals.
Pursuing a wrongful death claim may require certain procedures in probate court. You should consult with a personal injury attorney who has experience in dealing with wrongful death claims to be able to make informed decisions on your case.
Types of Damages in a Wrongful Death Claim
In a Texas wrongful death claim, there are various types of damages recoverable by the deceased’s children, spouse and parents. The deceased’s parents, for instance, may recover from the loss of companionship, and also for mental anguish. If the deceased was a minor, the parents may be entitled to recover for the loss of value of the child’s services. The deceased child’s parents may also recover the value of any future financial contributions that the child may have expected to provide his or her parents.
As for the surviving spouse, he or she may be entitled to damages due to the loss of companionship. Also, the spouse may be entitled to damages from mental anguish due to the loss of their partner. Additionally, the surviving spouse may be eligible for financial contributions that he or she probably would have received, had their spouse lived.
Lastly, as for the surviving child of a deceased parent, he or she may be entitled to damages due to their loss of companionship. He or she may also be entitled to damages from mental anguish caused by their parent’s death. Damages are also there for the reasonable value of contributions and services that the parent would have rendered had he or she lived.
Are you the spouse, parent, or child of a now deceased person capable of bringing a wrongful death claim? You should hire an experienced wrongful death attorney like Steve Pastrana to ensure you are justly compensated. Call us today at 512-474-4487.