Wrongful Death Lawsuits
There is nothing more tragic or devastating than experiencing suffering at the hands of another party’s negligent actions, especially if those actions result in the death of a loved one. Surviving family members have the right to sue on behalf of a person who has lost their life due to negligence. While this cannot come close to compensating for the loss of a family member, bringing a responsible party to justice can be a means of consolation for those affected. A Texas wrongful death lawyer can help navigate the legal waters in such cases.
Compensation in a wrongful death case might address financial loss of support, medical expenses, or funeral costs. A wrongful death lawyer at Carabin & Shaw can also help determine if there is grounds to seek compensation for loss of consortium, a legal term referring to the loss of a familial relationship.
When you lose a loved one due to the negligence of another party, a defective product or a doctor's error or medical negligence, you need a wrongful death lawyer serving Texas who has the know-how, resources and the contacts needed to obtain compensation for such senseless losses. Wrongful death usually result in serious, lifetime financial hardship for loved ones left behind, as well as the emotional scars that come from loss of a spouse, parent or child. When negligence or a defective product causes a wrongful death it can be difficult to know where to turn for help. Do not let a tragedy of human suffering go unanswered. We believe that all too often many wrongful deaths could have been avoided with normal precautions.
Typically, an individual designated to represent the estate of the deceased party may only establish a wrongful death suit. The Texas wrongful death statute states “[a] person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.” A Texas wrongful death lawyer will help the family of the deceased seeking compensation for personal injury, pain and suffering, and expenses that arise even prior to the party’s death. While any compensation may pass to the estate of the deceased, it may be distributed to surviving parties based on the language of an existing will.
In a wrongful death lawsuit, pecuniary or financial injury is the primary consideration for the court to determine. Prior cases have evaluated pecuniary damages to include a loss of support, services, adversely affected inheritance, and related expenses. If any of these are a direct result of the wrongful death, they will be awarded accordingly. Further, interest may be applied to an award beginning on the date of the deceased’s passing.
In a wrongful death case, some of the issues taken into account will be the age and health of the deceased, their earning capacity, and life expectancy. While it may be fairly easy to determine these matters in some cases, others can be more complex and require the assistance of a wrongful death attorney serving Texas. The primary issue will be the circumstances leading to the deceased party’s passing.
The attorneys of Carabin & Shaw will work hard on your behalf to prove negligence and work towards maximizing your compensation for your wrongful death claim. Our experience in this area of the law is vast and with our attorneys on your side, we will fight to produce results for you and your family so you are fairly compensated. If you have lost a loved one as a result of an accident call us toll free at 1.800.862.1260 for a free consultation.