A wrongful death claim is a claim in which a family seeks damages related to the loss of a loved one. The important thing to remember about wrongful death claims is that they are not actually filed on behalf of the deceased person; instead, they are filed on behalf of the individuals affected by the decedent’s death. As such, the damages family members seek when filing a wrongful death claim are:

• Loss of quality of life
• Loss of love and emotional support
• Loss of financial support
• Loss of companionship
• Loss of society

A wrongful death claim is filed to seek damages from an individual or company whose negligent or intentional actions caused a person’s death. According to Chapter 71 of the Texas Civil Practice and Remedies Code,

“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.”

The family or beneficiaries of the deceased victim can recover several types of damages, both economic and non-economic, in a wrongful death action, including:

• Loss of consortium
• Lost future earnings
• Lost wages
• Funeral costs
• Medical expenses
• Mental anguish
• Pain and suffering

In cases where the victim’s death is caused by “the willful act or omission or gross negligence of the defendant,” exemplary or punitive damages may be recovered as well. Texas law defines gross negligence as:

“An act or omission which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.”

Our wrongful death lawyers can help ensure your claim is considered and provide you a fair chance at compensation.

When the surviving family members (the estate) of an individual who dies because of the negligence of another party file suit, it is known as a wrongful death claim. When the family files, they may seek a variety of different types of damages. The types of damages available to these survivors vary from state to state but generally fall into three distinct categories: economic, non-economic, and punitive damages. You can learn more about these damages and the process involved by speaking to an accidental death lawyer at Thomas J. Henry Law. Call now for a FREE case consultation.

The Thomas J. Henry “No Win No Fee” promise works as part of a contingency fee agreement. Instead of receiving payments from clients, we recoup fees and expenses from the final settlement or verdict our clients receive.

This allows us to start working on your case as soon as you hire us, ensuring that your case is handled with the urgency it deserves. It also means you can focus on getting better rather than cutting us a check.

The percentage we collect may vary depending on the complexity of your case, but you will be kept informed so you know what we are collecting before your case is closed.

Even better, you owe us nothing if we don’t win your case! Because our fees are collected as a percentage of your settlement or verdict, we do not collect anything unless and until you get your recovery. This means there is no risk to hiring a qualified attorney to handle your case!

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