In Texas, when a loved one’s death is caused by another’s negligence or recklessness, family members may be entitled to pursue a wrongful death lawsuit. These claims allow families to recover financial compensation for the devastating impacts of their loss. Wrongful death cases often stem from incidents that also support personal injury claims, such as car accidents, truck accidents, slip-and-fall injuries, premises liability claims, and defective products. When someone’s injuries prove fatal, Texas law enables certain surviving family members to seek justice and financial recovery.
At my firm, Newman Injury Law, PLLC, I understand the emotional and financial challenges that come with an unexpected death. I am Jared Newman, and I am here to fight for the compensation your family deserves. Call today to schedule a free, confidential consultation with me.
In Texas, when a loved one’s death results from someone else’s negligence, the financial impact on the surviving family members is often severe. Losing a family member can mean losing a vital source of income that your household depends on for daily expenses and financial stability. Even if your loved one wasn’t the primary breadwinner, their income may have contributed significantly to your family’s needs, including mortgage payments, medical bills, or educational costs. Texas law allows families to seek compensation for the financial support a loved one would have provided, helping to address these pressing financial gaps during a difficult time.
The Cost of Lost Services in Texas
In Texas wrongful death cases, families can also pursue compensation for the value of essential household services provided by the deceased. Texas courts recognize that, beyond income, a person’s daily contributions are invaluable to a family’s wellbeing. I will work closely with you to help calculate the true value of these services, which could include:
Childcare: If your loved one cared for young children, replacing this support could cost thousands monthly.
Elder Care: If your family member helped care for elderly parents or other dependents, hiring replacement caregivers can be financially overwhelming.
Home Maintenance: The deceased may have contributed by performing tasks like yard work, repairs, cleaning, and laundry. Each of these tasks carries a cost when hiring outside help.
Texas law seeks to account for these services when calculating wrongful death compensation, understanding that these contributions impact families financially as well as emotionally. I will work to ensure that these considerations are included in your claim, aiming to ease the financial strain of your loss.
When you lose a loved one, the loss goes beyond financial support or daily assistance. It is an emotional void that deeply affects every area of life. For example, when a child loses a parent, they lose a source of guidance, support, and wisdom. When a spouse is lost, it’s the loss of a life partner with whom you shared dreams, plans, and a future. In Texas, wrongful death claims allow families to seek compensation for these invaluable losses, acknowledging the support and companionship that is no longer available. While no claim can bring your loved one back, it may provide the resources you need to begin rebuilding your life.
Expenses Incurred Before Death
In Texas, a wrongful death claim may also include compensation for expenses that were incurred before your loved one’s passing. If your family member did not die immediately from their injuries, they may have undergone extensive medical treatment, potentially resulting in substantial medical bills. These costs should not fall solely on the family or your loved one’s estate. Additionally, Texas law permits families to seek compensation for the pain and suffering your loved one endured before death. This aspect of a wrongful death claim can provide relief from the financial and emotional burdens associated with prolonged injury and suffering.
In Texas, not everyone is entitled to file a wrongful death claim. To hold another party accountable for the negligence that resulted in the loss of a loved one, the person filing the claim must have a close familial relationship with the victim. For example, a surviving spouse has the right to file a wrongful death claim if their spouse was killed due to another person’s, company’s, or government agency’s negligence. Similarly, parents may file a claim if they lose a child due to another’s conduct, and children are permitted to file for the wrongful death of a parent. Under Texas law, these rights are extended to spouses, children (biological and adopted), and parents of the deceased.
In Texas, wrongful death claims are typically filed by the deceased’s immediate family members. I will work closely with the personal representative of the deceased’s estate, if necessary, to ensure that any beneficiaries entitled to compensation are included in the claim.
Damages Available in a Texas Wrongful Death Lawsuit
In a Texas wrongful death lawsuit, families can seek financial compensation similar to that in personal injury cases, including for medical expenses and lost income. However, wrongful death claims allow families to pursue additional damages related to the unexpected loss. For instance, Texas law allows families to seek compensation for funeral and burial costs. Beyond these, you may be entitled to other damages, such as:
Loss of Earning Capacity: Compensation for the financial support the deceased would have provided.
Loss of Companionship and Society: Damages for the loss of emotional support and companionship.
Mental Anguish: Compensation for the emotional pain and suffering experienced by the family due to the loss.
Loss of Inheritance: Compensation for the value of the assets the deceased would likely have accumulated and passed on to heirs.
Each of these damages is designed to address the far-reaching impact of your loved one’s loss. I will work with you to evaluate the full extent of your family’s losses and pursue the compensation to which you are entitled under Texas law.
If you have lost a loved one due to someone else’s negligence, contact my firm today to schedule a free consultation. Texas law allows families to pursue compensation for wrongful death, and I am here to guide you through each step of this difficult process. I will make time to discuss your case, and I am prepared to fight on your behalf to seek the justice and financial support you deserve.
At Newman Injury Law, our experienced attorneys are dedicated to providing personalized and effective representation. Contact us today for a free consultation, and let us guide you toward the justice and compensation you deserve.