Longview – Tyler - Marshall – East Texas Wrongful Death Lawyers Personal Injury Attorneys
Losing a loved one becomes even more difficult to cope with when your loved one’s life is unexpectedly taken and the circumstances causing death might have been prevented. The lawyers at O’Hanlon, McCollom & Demerath express our deep sympathy for your loss. It is important to speak with an East Texas Wrongful Death Attorney to properly advocate for your family’s rights. An attorney experienced with wrongful death claims can explain all of the intricacies of these lawsuits and provide the best possible advice/outcome for survivors. If you would like a free consultation regarding the loss of a loved one, please contact us immediately. To learn more about Texas laws associated with this practice area, please visit our Texas Wrongful Death Information Guide.
How is a "Wrongful Death" Suit Defined?
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct. In Texas, wrongful death suits exist because the Legislature has passed a law permitting them, and so these suits are controlled by and limited by this law. A wrongful death suit is brought by the family of the deceased for the losses family members have suffered because of the death. In contrast, a survival suit is brought by the estate of the deceased, and it is the legal claim that the deceased himself would have had were he alive.
Who Can Recover in a Wrongful Death Suit?
A lawsuit of this type is intended to compensate the immediate family of a person who loses their life due to the negligence of others. The law provides that only a limited group of people may recover damages in a wrongful death suit. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.
Can We Bring A Wrongful Death Action If The Deceased Never Held A Job And How Can Money Repair the Loss We Suffered??
Yes, even if the decedent never held a job, he/she may have contributed in some other way to the family. A good example of such a case is an action for the wrongful death of a stay-at-home husband or wife who contributes services, guidance and nurturing of the family. These contributions are quantifiable as "pecuniary losses" in a wrongful death action. It is true that money can not repair the loss suffered and no one would trade the life of a family member for a check, no matter how large. The damages that can be recovered in a wrongful death suit are not intended to “replace” the deceased, but instead are intended to make his loss more bearable by compensating the family for the loss as best we are able.
What Should I Do?
A wrongful death lawsuit is brought against the person or company whose fault caused the wrongful death. The law in most states requires the trustee (through his or her lawyer) to prove the fault of the defendant (the person being sued) is greater than the fault of the deceased person. Because so much is riding on it, a wrongful death claim should only be handled by a wrongful death lawyer with the utmost skill and experience. It is important to seek experienced, capable legal help as soon as possible. It is also important not to delay unnecessarily— there are laws called “statutes of limitations” that require lawsuits to be filed within a certain period of time. If you have had the misfortune to have a family member die under circumstances that lead you to believe that someone else might be at fault, please contact our firm immediately.
