Wrongful Death Lawyer Handling Cases in Texas and NationwideThe death of a loved one has a devastating impact on the rest of the family. The aftermath of the loss lingers for years after the initial shock begins to weaken. Negligence or wrongdoing that causes death forces families to endure a loss of love, companionship, guidance and financial hardship that they would not otherwise experience if their loved one were alive. The laws of our civil justice system provide recourse for family members in this situation. In fact, in Texas, there is even a constitutional right to bring a claim for a wrongful death from homicide. A wrongful death lawyer can bring a civil action called a wrongful death lawsuit on behalf of family members to hold responsible parties accountable. Wrongful death claims can be pursued in many different situations, including a local auto accident, medical negligence, unsafe vehicles, workplace deaths, dangerous pharmaceutical products or government negligence. Our wrongful death attorneys at Bush Lewis handle wrongful death cases throughout Texas and in many cases, throughout the United States.
Damages for Wrongful DeathsIn most wrongful death cases, the law recognizes and allows recovery for several specific types of harm or damage. In the right situation, claims and recoveries are available for:
- Conscious pain and suffering by the dead family member from the time of injury until death
- Medical expenses for treatment of the fatal injuries prior to death
- Funeral and burial expenses
- Pecuniary losses of family members, including loss of care, maintenance, support, services, advice, counsel, and other reasonable contributions having a financial value
- Loss of companionship and society, including the loss of the positive benefits flowing from the love, comfort, companionship, and society that family members would have received had the dead family member lived
- Mental anguish for the emotional pain, torment, and suffering experienced because of the death
- Loss of inheritance from not receiving whatever assets the dead family member would have added to the estate and left at natural death to the family member
- In some cases, exemplary or punitive damages
- FELA injuries
- Maritime/Jones Act injuries
- Child molestation or sex abuse
- 18-wheeler accidents
- Explosions, fires and serious burns
- Airplane/helicopter crashes
- Government claims
- Pharmaceutical liability
- Cancer cases
- Defective products
- Butadiene exposure
- Benzene exposure
- Bus accidents
- Motorcycle accidents
- Birth injuries
- Nursing home abuse and elder abuse
- Product defects
- Drunk driver injuries
- Premises liability injuries
- Brain injuries
- Blindness and vision injuries
- Loss of limb
- Paralysis and spinal cord injuries
- Hurricane and storm claims
Who can bring a wrongful death suit?Statutes vary from state to state, but generally a wrongful death lawyer can file suit only on behalf of the surviving spouse, children and/or parents to bring action against the individual, company, organization or entity that is negligent or strictly liable for the death of their loved one. Texas and many other states also allow the lawyer to file a claim known as a survivor action on behalf of the representative of an estate for the decedent’s conscious pain and suffering, medical bills, and funeral and burial expenses, with any recovery paid to the family as estate beneficiaries.
Texas wrongful death statutesFor wrongful death lawsuits filed in Texas, the Texas Civil Practice and Remedies Code §71.004 applies. Under this statute, the surviving spouse, children, and parents of the deceased may bring the action, or one or more of those individuals may bring the action for the benefit of all. If none of the family members entitled to file wrongful death do so within three calendar months of the wrongful death, the deceased person’s executor or estate administrator should file suit unless family members request that no action be filed. Under Texas Civil Practice & Remedy Code §71.021 Survival of Cause of Action, death does not prevent family members from pursuing a personal injury claim for damages to the health, reputation, or person who is deceased. The personal injury action survives to and in favor of the heirs, legal representatives and estate of the injured person who is deceased. The cause of action also survives against a liable person who dies and is prosecuted against the deceased person’s legal representatives as though the person were alive. This is the claim called a survivor action under Texas law.
Rely on the skills of an experienced wrongful death lawyerA skilled wrongful death lawyer helps families take into account numerous factors in a wrongful death claim. Economic damages such as medical bills, lost earnings, and funeral expenses must be calculated and presented. In addition to experts on how the death occurred and the standards that may have been violated, an economist and vocational or work expert will often be needed to assist in properly calculating and presenting damages on the past and future losses from the death. No monetary recovery ever makes up for the loss of a loved one; an experienced wrongful death attorney can develop the necessary information to provide real world estimates of the actual losses to a family from a loved one’s death. Bush Lewis lawyers have been handling wrongful death cases for over 35 years and have the experience, integrity and commitment to handle complex, wrongful death matters on behalf of our clients. Our firm handles wrongful death cases in Texas and nationally. Contact a wrongful death lawyer at Bush Lewis for a free initial consultation.
Know This Before An Accident
No one plans to have an accident and no one expects to sustain a serious injury or lose a loved one to death from someone else's actions or mistake. It helps to at least have heard what experienced lawyers say you can do to ease the situation. At Bush Lewis, we think there are some helpful guidelines that we recommend to you. Our lawyers suggest: Learn more.