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Galveston Wrongful Death Lawyer

An unexpected death could leave a family reeling. When the deceased person was a breadwinner or major contributor to the household, a death could even endanger the financial stability a family has built.

When your loved one died in an incident that was at least partly someone else’s fault, your family could seek financial damages from the responsible party. If you are unsure whether you have grounds for a lawsuit, consult a local personal injury attorney.

A Galveston wrongful death lawyer could evaluate your legal options and determine the best way to secure the money you need to set your life right again.

Determining Whether Negligence Caused a Death

Negligence means someone did not use an appropriate degree of caution that another reasonably careful person would have used in the same circumstances, and an injury or death resulted from the failure. A person, corporation, business, or government could potentially be negligent.

Sudden accidents usually are not random; they often occur because someone was careless or reckless. When a death results from an accident, a wrongful death action could be appropriate. A Jamaica Beach and Galveston attorney could file a wrongful death claim if the loss of life resulted from a:

Any fatal incident that could have been prevented if someone was more cautious could form the basis of a wrongful death lawsuit.

Sometimes a prosecutor brings criminal charges relating to the incident that led to a loved one’s death. For example, someone might face vehicular homicide charges if their reckless driving caused a fatal car accident. Any criminal proceedings are completely separate from a wrongful death lawsuit in Galveston. A person could also be liable for a wrongful death even if they are found not guilty in criminal court.

Damages a Family Could Claim in a Wrongful Death Lawsuit

A family could always bring a wrongful death action if their loved one died because of another party’s negligent or reckless act. If the person lived for any time after the incident before succumbing to their injuries, the family also could bring a survival action.

Survival Action Damages

A survival action under Texas Civil Practice and Remedies Code § 71.021 is similar to a personal injury action the deceased person might have brought if they had survived. The deceased person’s heir or the estate administrator is the plaintiff in a survival action.

The damages available in a survival action include the deceased person’s accident-related medical expenses, wages they lost due to the fatal injury, property damage they suffered in the incident, and funeral costs. The estate also could seek non-economic damages to compensate for the deceased person’s suffering, mental anguish, and pain in the period between the incident and the death.

Damages from a survival action are paid into the deceased person’s estate. Once the estate administrator has paid all the decedent’s debts, the remainder goes to the deceased person’s heirs.

Wrongful Death Damages

The damages a family collects in a wrongful death lawsuit should compensate them for the loss of their loved one’s economic and non-economic contributions to their household.

The family could claim the value of the household services the deceased person contributed, which might include tutoring, vehicle maintenance, childcare, cooking, caregiving, gardening, and similar services. A Galveston accidental death attorney could help a family compile a list of the deceased person’s services and attach a value to them. Furthermore, the family could also seek compensation for their grief and anguish over their loved one’s death and the loss of that person’s companionship and emotional support.

The damages a family receives in a wrongful death claim go directly to the deceased person’s spouse, children, or other heirs. The estate’s creditors have no right to the proceeds of a wrongful death action.

Seek Compensation After a Loved One’s Passing With a Galveston Wrongful Death Attorney

If you are grieving the unexpected death of a loved one, and another party bears at least partial responsibility for the death, legal recourse is available to you. You could bring a wrongful death action and, in some cases, a survival action. Both lawsuits could provide the relief you need to put this terrible event behind you.

Speak with a Galveston wrongful death lawyer as soon as possible. Money will not soothe the loss, but knowing your family’s needs will be met offers peace of mind. Call us today.

SMS Legal

SMS Legal N/a
1908 Strand

Galveston, TX 77550
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(409) 377-6970