wrongful death lawsuit is a legal action that can be done in behalf of the survivors of the decedent such as a spouse, parents and children, to get compensation for the losses they have sustained as a result of the demise of their family member. The action that had caused the death may have been irresponsible, negligent and intentional, or anything that would have allowed the decedent to claim for personal injury had the person not died. The claim is usually filed in conjunction with a survival action, which is allowed by Texas law to recover damages that were sustained by the decedent. This is because the claims for injuries by the decedent that resulted from a wrongful act are not extinguished by death – they survive and are put in favor of decedent’s estate, legal representatives and heirs.

What Can Be Recovered In a wrongful death Case?

For parents, loss of companionship may be recovered as well as society of the child and mental anguish. If the child was a minor, the value of the services of the child may be recovered by the parents from the date of death until the time the child would have reached majority age, plus any economic contributions that could have been given reasonably by the child to his parents after he reached 18 years old, minus the cost for the child’s education, maintenance and support during the age of minority.

For the surviving spouse, mental anguish caused by the demise of the other spouse and loss of companionship may be recovered. In addition, a wrongful death claim may also be made to recover economic contributions that the surviving spouse may have received reasonably and the economic value of intangible services, which the decedent may have reasonably rendered.

The surviving child may also recover for mental anguish that resulted from the death of the parents as well as loss of companionship. For a minor child, the amount that the decedent would and probably have contributed reasonably to the child’s maintenance may be recovered, as well as the services that could have been rendered reasonably by the decedent in advising, educating and training the child. An adult child on the other hand could recover an amount that the decedent could have reasonably contributed.

Other wrongful death claims can also be made in some cases such as punitive damages and loss of inheritance.

Who Can Make a wrongful death Claim?

The personal representative or the surviving statutory beneficiaries that include the children, parents and surviving spouse of the decedent can make the claim. Any potential claimant must get the advice of a lawyer as soon as possible. In Addison, the wrongful death attorneys at The Goolsby Law Firm will take care of your claim from the very beginning until the time that there is a fair resolution to the case. We have been servicing North Texas for more than eleven years, and therefore have the experience to deal effectively with insurance firms, to get the best possible settlement for you. Consult for free with a personal injury lawyer from The Goolsby Law Firm today.

The Goolsby Law Firm – Protecting Your Rights
(972) 394-2141