Who May Make a Wrongful Death Claim in Texas?
Actions for the death of a family member may be brought by spouses, parents or children. Texas also permits the estate of the deceased to bring a survival action to recover for past medical xpenses and conscious pain and suffering, and other non-economic damages which the deceased may have suffered before death. It is important to note however that these civil claims may only be filed by immediate family members. Texas does not permit grandparents, cousins, brothers or sisters to assert any claims for the death of a family member.
What is the Purpose of a Wrongful Death Action?
Wrongful death actions are meant to accomplish two major goals:
1. Make up for any damages families have suffered, such as emotional distress and
financial loss; and,Hold the negligent parties accountable for their transgressions and recklessness.
Non-exclusive economic and non-economic damages that a spouse,
parent, or child of a deceased may be entitled to recover include:
- Medical bills associated with the accidental death
- Funeral and burial or cremation expenses
- Past and future loss of advice and counsel
- Past and future loss of services and support, including but not limited to lost nurture, care, education, and guidance
- Past and future loss of household services
- Past and future mental anguish, distress, emotional pain and torment
- Past and future loss of parental consortium including the loss of love, society, companionship, affection, solace, comfort
- Loss of inheritance
- Loss of companionship and care
- Punitive damages
Don’t Delay! Call Us Now Before Time Runs Out!
Although insurance companies know that cases involving someone’s death can result in a large payout, the adjuster will still usually offer far less in an effort to save the insurance carrier money. This is why you should consult one of the lawyers at the Houston law firm of Joel A. Gordon & Associates. The attorneys in our firm understand the complexity of the damages caused by a significant loss, and we will hire the necessary experts to help prove the case. Call our firm promptly for a free consultation with one of our legal counselors.