Amarillo Wrongful Death Attorneys
When you lose a loved one as a result of someone else’s negligence or wrongdoing, the grief and anguish are unimaginable. Money will not make it right, but it can help with the practical concerns your family now faces. The death of a loved one also creates financial burdens and may place your family’s financial future in jeopardy. A wrongful death lawsuit can help you get back on your feet. The Amarillo wrongful death lawyers of Wood Law Firm LLP, are here to fight for you.
Wrongful Death vs. Survival Actions
Wrongful death and survival actions are two separate claims. Wrong death compensates the loved ones of the person who died. Proceeds of a survival action are paid to the estate of the deceased.
Damages in the survival action are damages your loved one could have recovered through a personal injury lawsuit had they survived. This includes:
- Medical expenses of the deceased, incurred after injury and before death
- Physical pain and suffering
- Mental anguish
- Funeral and burial expenses
Texas Wrongful Death Beneficiaries
Texas only allows certain loved ones to be beneficiaries in wrongful death lawsuits:
- Surviving spouse
- Children of the deceased
- Parents of the deceased
In Texas, you can still sue for wrongful death as the surviving spouse if your marriage was common law, in situations where you and your spouse were legally separated at the time of death, and if you have remarried since you spouse’s death.
Texas law does not allow for siblings and other relative to sue for wrongful death.
Texas Wrongful Death Damages
The damages awarded to you in a wrongful death case will depend on your relationship to the deceased. Wrongful death damages can include:
- Your emotional pain, mental anguish and suffering as a result of your loved one’s death
- Loss of the deceased’s income, earning capacity, and what they would have contributed to you
- Loss of inheritance
- Value of lost services provided by the deceased, such as child care, home maintenance, support, advice, and guidance
- Loss of companionship, society, love and comfort
- Punitive damages in cases of a willful act or omission or gross negligence
Every state has time limits for filing different types of lawsuits. In Texas, the statute of limitations for wrongful death is two years. You have two years from the date of your loved one’s death to file.
Please call the Amarillo personal injury and wrongful death attorneys of Wood Law Firm LLP, at 806-372-WOOD (9663) or submit an online questionnaire today to schedule your free initial consultation.