The death of a loved one can be one of the most difficult things to endure. This is even more true when a loved one’s life ends abruptly or when they are still relatively young. When that death is the result of another person’s negligent behavior, the anger that is combined with the sadness can seem impossible to bear. Accidents such as:
Although it may be difficult to discuss legal and financial issues while you are grieving, you owe it to yourself to have a capable wrongful death lawyer on your side to help you get the compensation you deserve. You want a lawyer that will be an advocate for you and your rights. Brad T. Wyly, the founder of Wyly Law Firm, P.C., is that type of lawyer. He meets with his clients personally and remains sensitive to his clients’ emotional needs while helping to make sure their future financial needs are met. He can be reached by phone at 713-574-7034 or online. He will respond to your inquiry within 24 hours.
When a person is killed due to another’s negligence or misconduct, a “wrongful death” occurs. Wrongful death claims can arise out of the actions or inaction of a third party regardless of the specific cause. In order to meet the legal criteria of wrongful death, the following must have occurred:
- The death of a human being that was caused by another’s negligence or wrongful act,
- The victim would have been entitled to bring an action for the injury if he had lived, and
- The victim is survived by family members who have suffered actual injury in the form of monetary loss, mental anguish, loss of companionship and society, and loss of inheritance.
The goal of a wrongful death claim is to provide financial relief to the plaintiff and to deter the defendant from inflicting further harm to others.
Along with a wrongful death action, the victim’s estate may also be entitled to file a survival action against the person or company responsible for his death. In a survival action, the estate can recover damages for the victim’s pain and suffering, mental anguish, medical expenses, and funeral expenses. The damages for pain and suffering and mental anguish can be significant if the victim had some awareness of his or her impending death.
It is not unusual for family members to hesitate when faced with the decision to file a wrongful death claim or survival action. Money cannot replace your loved one and focusing on it can seem disrespectful to his or her memory. It is crucial to remember, however, that monetary damages can provide the necessities and comforts of life to help grieving families face an uncertain future. Monetary damages in a wrongful death case or survival action may include:
- Medical, hospital, funeral, and burial expenses
- Compensation for any pain or suffering experienced by the decedent between the time of injury and death
- Loss of the decedent’s financial support
- Reimbursement for any future services normally provided to the survivors by the decedent
- Loss of the decedent’s parental training and guidance
- Loss of the decedent’s society and companionship
- Reimbursement for any punitive damages if the defendant’s acts are found to be grossly negligent
The exact amount of damages awarded is determined by several factors, including the decedent’s life expectancy and life income and the circumstances surrounding the death.
If you believe you may have a wrongful death claim, you need a knowledgeable Houston wrongful death lawyer committed to your long-term need and to fighting for what you deserve. At Wyly Law Firm, P.C., that’s what you can expect. We serve injury victims in Harris County, Houston, Beaumont, Baytown, Pasadena, Galveston and throughout southern Texas. Contact us today by calling 713-574-7034 or contact us online for a review of your case.
