Waco – Killen – Temple – Wrongful Death Attorneys

Unfortunately, in some cases, personal injury can be severe and result in death. 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 preventable. Whether your loved one lost their life due to an 18-wheeler accident, through medical neglect or any injury related incident, you have the right to seek compensation for the pain and suffering you must endure as a result of someone else's negligence. We at O'Hanlon, McCollom & Demerath express our deepest sympathy for your loss. We strongly encourage you to speak to an experienced Waco, Texas area attorney. We will properly advocate for your family’s rights 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 toll free at 1-877-494-9949.

What Is a "Wrongful Death" Suit?

A wrongful death suit is a civil action which charges another with being liable for injury resulting in another's death by reason of negligent actions or a failure to act, which could foreseeably result in death. The plaintiff (the executor or administrator of the estate of the decedent, family member, or spouse) must prove that the decedent would not have died but for the negligence of the defendant. 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.

Does Every Death Result in a Lawsuit?

Of course, not every accidental death case results in a successful claim. But we strongly recommend that you discuss your wrongful death claim with an experienced attorney. At O’Hanlon, McCollom & Demerath, this consultation is free and we will help you understand in which of the following areas you may receive compensation: your loved one's pain and suffering before death, a lifetime of lost earnings, medical expenses, property damage, death, loss of consortium (spousal services) and/or punitive damages.

Who Can Recover in a Wrongful Death Suit?

A wrongful death suit is intended to compensate a surviving spouse, next of kin, or children of a person who is unexpectedly killed. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to the surviving spouse, children and/or parents had he or she survived. Compensatory damages, which are intended to make restitution for the amount of money lost, are the most common damages awarded in wrongful death actions. If you prevail in a wrongful death suit, you may recover medical and funeral expenses in addition to the amount of economic support you could have received if the decedent had lived and, in some instances, a sum of money to compensate for grief or even companionship. 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, because damages cannot always be calculated if the decedent never held a job. There have been some instances where courts have set a minimum yearly amount if the decedent was a stay-at-home husband or wife who contributed services, guidance and/or nurturing for the family. The damages that can be recovered are intended to make your loved one’s loss more bearable by compensating your family for the loss and are NEVER intended to “replace” the deceased.

What Should I Do?

It is important for you to realize that you should never settle, or attempt to settle a wrongful death claim without consulting an experienced wrongful death attorney. Remember, insurance companies are not in the business of paying claims, no matter what they say. There are too many elements, calculations and decisions to make and the stakes are far too high to trust the case to your own inexperience. Contact us to learn about all of your legal rights. A simple call puts you in contact with an experienced wrongful death lawyer who will handle all aspects of your matter and work hard to help you get what you deserve.