Can I File a Lawsuit on Behalf of My Deceased Loved One?
Texas Wrongful Death
There are two types of statutes that deal with the death of a family member and the beneficiaries of the deceased. They are the Texas wrongful death statute and the survival statute. The survival statute allows the estate or surviving dependants to assume the victim’s cause of action against the defendant even after the victim has already passed away. This allows the surviving dependants or a legal representative to “stand in the victim’s shoes” in the courtroom and pursue the common-law action for damages that were sustained by the deceased and his or her estate as a result of the injuries.
The damages that are recoverable under a survival statute are usually limited to those that were sustained by the deceased before his or her death. Therefore, the beneficiaries or legal representative of the deceased may recover for the mental anguish, physical pain, suffering, property damages, and medical expenses sustained by the deceased before his or her death. Funeral expenses may also be recovered in a survival action.
The second, and more commonly known statute, is the Texas wrongful death statute. The wrongful death statute allows the surviving spouses, children, and parents of the deceased to file individual claims based on the losses they themselves suffered as a result of the Texas wrongful death. These damages and losses include:
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Loss of wages from the Texas wrongful death victim
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Loss of companionship
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Mental anguish suffered as a result of the wrongful death
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Value of services of the deceased
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Loss of contribution
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Exemplary damages
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Loss of consortium
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Loss of inheritance
» Contact Daniel Stark - Texas wrongful death lawyers or call us toll free at (866) 241-4861.
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If you’ve lost a loved one and you feel it was due to someone’s negligent actions, contact a Texas wrongful death lawyer from Daniel Stark Injury Law Firm for a free and confidential consultation. Contact Daniel Stark Texas wrongful death lawyers today for a free consultation or call us toll free at (866) 241-4861. We have offices in Bryan* and Waco.
Daniel Stark practices in the following areas: auto accident, trucking accident, wrongful death, construction site injury, drug injury, defective product injury, dog bite injury, electrocution and burn, medical malpractice, and nursing home abuse.
* Main office located in Bryan, Texas
** No attorney's fees unless you recover. Court costs, litigation expenses, and unpaid medical expenses are paid from client's share of the recovery. However, if there is no recovery, client will not be responsible for any court costs or litigation expenses, except client's unpaid medical bills.
