The sudden and unexpected death of a loved one can leave a family suffering financially. Financial concerns pale against the emotional loss, but bringing a lawsuit could help a family reestablish financial security and relieve some of their stress.
Speak with a Midland wrongful death lawyer when a loved one dies because of another party’s careless, reckless, or criminal act. A skilled personal injury attorney can guide your family through the process, helping you to hold the wrongdoer accountable and obtain compensation to ease the financial strain of the loss.
Situations That Could Lead to Wrongful Death Actions
Whenever another party was careless or reckless and their conduct led to a death, the party might be liable in a wrongful death action. Families often file these lawsuits after losing loved ones due to:
Any death attributable to someone else’s negligent or criminal conduct could form the basis of a wrongful death lawsuit.
Texas Civil Practice and Remedies Code § 71.004 describes who can bring a lawsuit for wrongful death. A surviving spouse, children, and parents have the right to bring these lawsuits. The family can bring the lawsuit as a group or one family member can file on behalf of all the eligible family members. A Midland attorney can prepare the wrongful death filing and submit on behalf of the family.
Compensation Available When Claiming Wrongful Death
The damages a negligent party pays in a wrongful death lawsuit compensate the family for the losses they experience because of their loved one’s death.
Economic Damages
When the deceased person was a breadwinner, the family could claim the deceased person’s likely earnings if they had worked until retirement age. The family also could claim the savings the deceased would have put aside for them as an inheritance. When the deceased person was not the primary earner for the family but made financial contributions, the family can collect the value of the contributions they were likely to make in the future.
Most people also make contributions to their household through chores or tasks they handle. A family can receive the value of the deceased person’s services, such as home maintenance, bookkeeping, driving, childcare, housekeeping, and gardening. A Midland attorney can help a family calculate the value of a deceased person’s services.
Non-Economic Damages
It is impossible to put a price on emotional anguish and grief, but a family can ask for financial compensation for their suffering. They can claim for the loss of their family member’s love, companionship, and guidance.
A Separate Survival Action Is Sometimes Possible
When the deceased person lived for a time after the fatal incident before succumbing to their injuries, a survival action is possible. This is a civil lawsuit that can be filed with the wrongful death lawsuit. The plaintiff in a survival lawsuit is the personal representative of the deceased person’s estate. The personal representative could be a family member but may be a friend, lawyer, or someone else the court appoints.
A survival action seeks the compensation the deceased person could have claimed if they had lived. They can seek payment of medical expenses and lost wages they would have earned between the date of injury and date of death, as well as funeral expenses. The lawsuit can also seek compensation for the deceased person’s pain and suffering during the period between the incident and their death.
Seek Damages for a Loved One’s Wrongful Death With a Midland Attorney
Contacting a Midland wrongful death lawyer when a loved one dies in an accident should be a top priority. It can be difficult to focus on legal matters when you are in the midst of grief, but learning your legal options can help relieve some of the stress of the loss.
Pursuing a wrongful death lawsuit can help your family move back to solid ground financially and meet the future from a strong position. Reach out today to get started with the team at Schechter, Shaffer & Harris.
