Losing a loved one prematurely is one of the worst tragedies that can befall a family, but when such a loss occurs due to the negligence or misconduct of another party, the aftermath is even more painful for survivors who know the death could have been prevented.
Under Texas state law, a spouse, child, or parent of an individual who died because of another party’s recklessness has the right to file a wrongful death suit in civil court. Make an appointment with an aggressive wrongful death attorney today to learn more about your rights following the senseless loss of a family member.
Wrongful Death Suits Vs. Survival Actions in Texas
Texas law makes a distinction between wrongful death suits filed by survivors who are seeking damages related to the economic and non-economic costs associated with the premature loss of a family member (such as loss of income and loss of companionship, respectively) and so-called survival actions. Damages awarded in survival actions are used to pay for economic or noneconomic costs that were incurred after the injurious accident occurred but prior to the death of the victim. These might include medical bills as well as property damage, but can also involve the physical pain and suffering of the victim themselves.
While wrongful death suits are initiated by a spouse, child, or parent of a decedent, these parties can only file a survival action if there is no personal representative named in the deceased’s will; otherwise, the personal representative is responsible for filing the survival action. In practice, wrongful death suits and survival actions are filed jointly and can be handled by a single wrongful death attorney. Come in and talk with us to see if the circumstances of your loss allow you or a personal representative of the deceased to file a survival action in civil court along with your wrongful death suit.
Helping Survivors Seek Closure After a Premature Loss
The specific type of compensation recoverable in a wrongful death suit depends on the relationship of the plaintiff to the decedent. For example, a spouse can seek damages for the mental anguish and loss of companionship they sustained in the wake of an unnecessary death as well as for the cost of lost family income related to a death if the victim was employed. We can help you evaluate your situation and figure out what kind of compensation you may be eligible for based on your relationship to the decedent.
At KARAM LAW FIRM, we believe that the less our clients have to worry about financial stability and unpaid expenses after a premature loss, the more readily they will be able to work through the grieving process. We have helped others and we can help you too.
KARAM LAW FIRM wants to help you secure justice after a preventable loss.
Contact our McAllen office today at (956) 630-5700 to schedule a consultation with a compassionate attorney.