Many people have significant questions after losing a loved one. This is especially true if the loved one’s income is the main source of support for the family.
In Texas, certain family members have the right to bring a “wrongful death claim” when a loved one has died due to the carelessness of another person or business. These kinds of lawsuits allow the family members to recover some of the money they lost financially and emotionally as compensation.
Over the years in business, attorneys at Law Office of Matthew Shrum have helped countless families get through these catastrophes. You can look into your claim and find out about your legal options right now with the assistance of our wrongful death attorneys.
Wrongful Death: What Is It?
In Texas, wrongful death occurs when three circumstances coexist:
- An injury results in the death of a person (or an unborn baby).
- Another person or entity’s recklessness, carelessness, lack of ability, or other wrongdoing was the direct cause of the fatal injury.
- Had the deceased person lived, they would have been allowed to bring a personal injury claim.
Surviving family members may bring a wrongful death lawsuit against the person who brought about the fatal injury if any of these three factors occur. Automobile accidents, medical misconduct, and deliberate crimes are a few examples of wrongful death.
Damages Claimable in Wrongful Death Cases
Compensatory and non-compensatory (sometimes known as “punitive”) damages are the two main damages for wrongful death lawsuits. Although compensatory damages are more frequent, you may experience both in some cases.
- Compensatory Damages
These damages are exactly what they sound like—they make up for the loss and suffering a family member is enduring had their loved one not passed away.
There are two types of compensatory damages: economic and non-economic.
- Economic damages: Reimbursement for the price of therapy for survivors, the loss of the deceased’s future earnings, and other quantifiable losses.
- Non-economic damages: Reimbursement for losing society’s mental, emotional, and financial resources.
- Damages that are not compensatory (punitive damages)
A unique kind of damage may be available in some wrongful death instances. Such losses are “punitive” or “exemplary” damages.
These damages are only awarded in the most severe situations. These damages are specifically applicable when the wrongful death is brought on by a purposeful and reckless disrespect for the safety and reasonable treatment of others or by “gross negligence” (i.e., an act or omission that is done with the knowledge or reckless disregard that it will result in harm to others).
Punitive damages punish wrongdoers and make a statement that society will not accept willful or deliberately negligent behavior on the part of the wrongdoer(s) or company, not necessarily to make up for specific losses suffered by the bereaved family.
How Attorneys Can Improve Wrongful Death Cases
The last thing you need while grieving the loss of a loved one is the hassle and worry of handling a legal claim. You are probably working through the laws and statutes while suffering from mental anguish, tiredness, and emotional distraction.
It would help if you were given time and room to heal. Working with a wrongful death attorney relieves you of the burden of the legal case, allowing you to spend time with your family and concentrate on getting rest.
Based on their expertise, connections, and experience, your lawyer will also be able to strengthen your case. Do you know how a lawyer can assist?
- Work with medical doctors, accident reconstructionist, and other experts to present your case effectively.
- Investigate your negligence claim and prove it to the insurance company and court.
- Amass convincing proof for non-economic damages.
Every case we take at Law Office of Matthew Shrum from our many years of experience. Our legal team will handle your wrongful death case’s heavy work and minute requirements as you and your family work through your loss and decide how life will be.
Law Office of Matthew Shrum Offers Caring Legal Counsel
You should put your attention on your family, yourself, and whatever else you need to do to get some peace and rest after losing a loved one. While we know support is important, you should not disregard your legal right.
Attorneys at Law Office of Matthew Shrum are available to assist. We are the largest, experienced personal injury firm in Texas and have a national reputation, yet we still have a local viewpoint on what is important. Our real concern for you extends beyond only how we handle your case.
Call (512)777-0000 or use our short contact form to arrange a free legal consultation with a truck accident attorney.