Hitchcock Wrongful Death Lawyer

The death of a loved one in a preventable accident has devastating consequences. In addition to the immense grief surviving family members will feel, they must also cope with financial hardship. However, there are options available.

By working with a local personal injury attorney on a lawsuit, families can hold negligent parties accountable for their loved one’s death and gain financial security. Speak with a Hitchcock wrongful death lawyer to learn how to obtain compensation from the party or parties who contributed to your loved one’s death.

Unexpected Deaths Often Result From Negligent Actions

Most, but not all, wrongful death lawsuits arise out of accidents. A family can bring a wrongful death lawsuit if someone else’s negligent, reckless, or criminal act led to their loved one’s death. The defendant—the person responsible for the fatal event—could be an individual or an institution such as a school or hospital, a business, or a government agency.

A family could bring a wrongful death lawsuit if their loved one died as the result of the following:

• Vehicle wreck
• Industrial accident
• Construction site injury
• Shooting or violent assault
• Drowning in a public pool or at a beach
• Malpractice, misdiagnosis, or another medical error
• Falling in a public space like an office building, park, or store

If a Hitchcock wrongful death attorney finds evidence that negligence or intentional conduct led to the death, the family could bring a lawsuit seeking damages.

Sometimes a prosecutor brings criminal charges against the responsible party. However, criminal prosecution is completely separate from a civil wrongful death lawsuit. If the prosecutor proves a defendant guilty beyond a reasonable doubt, the defendant might go to jail or prison. In contrast, if a family brings a wrongful death lawsuit, they must prove it is more likely than not that the defendant caused their loved one’s death. If the family proves its case, the defendant must pay financial damages.

Understanding Damages in a Wrongful Death Case

Families often can bring two lawsuits related to their loved one’s death. Texas Civil Practice and Remedies Code § 71.021 authorizes a survival action seeking compensation for the losses the deceased person suffered before their untimely death. If a person’s death was instantaneous, there is no basis for a survival action. Instead, a wrongful death action can provide compensation for the family’s losses suffered due to their loved one’s premature death.

Estimating a bereaved family’s financial losses is complicated. A Hitchcock wrongful death attorney often hires an economist, actuary, or other expert to help a family calculate the financial impact of their loved one’s death.

Survival Action Damages

If a survival action is possible, the damages can include the deceased person’s lost wages and medical expenses in the period between the injury and their death.  A family may also seek compensation for their loved one’s pain, suffering, and funeral expenses.

Wrongful Death Damages

A family bringing a wrongful death lawsuit asks for compensation for the losses their loved one’s death left them with. If the deceased person was the main breadwinner, the family may claim the money the deceased person would have earned and contributed to the household over the rest of their working life. Additionally, the family could ask for the value of services the deceased person performed, like cooking, transportation, childcare, and yard work.

Further, if the surviving family includes a spouse or children, they could sue for the loss of their expected inheritance. All surviving family members can claim for the loss of the deceased person’s love, guidance, and companionship, and for their grief and emotional anguish due to the loss.

Claim Compensation for Your Loved One With a Hitchcock Wrongful Death Attorney

Dealing with practical matters can be extremely challenging when you are grieving a loved one’s unexpected passing. Even so, if the deceased person contributed to your household economically, it is important to take steps to secure your family’s financial security.

From holding the responsible parties accountable to ensuring they pay for the harm they caused, a Hitchcock wrongful death lawyer handles it all. Reach out to explore your legal options as soon as possible after your loved one’s death. Our team is here to help you recover from this tragic loss.