GET ANSWERS TO YOUR QUESTIONS!

1. What is wrongful death?

Answer: Wrongful Death is when a person’s death is caused by the wrongful act or negligence of another. Wrongful death is the basis for a lawsuit, a wrongful death action, against the party or parties who caused the wrongful death. Action may be filed on behalf of the members of the family who have lost the company and support of the deceased due to wrongful death.

2. Who can bring a wrongful death case?

Answer: Texas law designates certain survivors who are entitled to pursue a wrongful death case.

• If the decedent was married, the spouse at the time of death can bring a lawsuit. If the decedent also had children, the children can also bring a lawsuit.
• If the decedent was married but had no children, then the decedent's parents are allowed to bring a lawsuit.
• Brothers and sisters are entitled to bring a wrongful death action if the decedent has no surviving children or parents.
• If a young child dies, the parents are entitled to bring a wrongful death action.

The answer as to who exactly can bring a wrongful death action in any given case can be complex; therefore, anyone considering a wrongful death action should consult with a wrongful death attorney.

3. How is the amount of damages determined?

Answer: Many things are considered, such as the decedent’s contributions in the past, their life expectancy at the time of their death, their health before the accident, their age, habits, occupation, past earnings and likely future earnings.

4. What is the Statute of Limitations for filing a claim Wrongful Death case?

Answer: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date. If the death resulted from professional negligence (such as medical malpractice) then the laws pertaining to medical malpractice apply.

5. Are all state laws the same regarding wrongful death?

Answer: No, there are many differences between each state's wrongful death laws. Determining the state in which you should bring a wrongful death action is a very important decision, because some states do not allow certain types of damage awards and/or may have different statutes of limitation that establish the timeframe within which you must file suit.

6. What are the economic damages survivors are entitled to in a wrongful death case?

Answer: No matter whom the defendant is, the amount and type of financial recovery the plaintiff can make, depend on the law of the state in which the case takes place. Although Texas Law generally speaks of “pecuniary loss” in wrongful death cases, compensation can include damages for such things as loss of support, past and future income, loss of companionship, guidance, advice, love and affection.

7. Do I need an attorney to pursue a wrongful death case?

Answer: In almost every wrongful death case, the potential plaintiffs should consult with an attorney. The law in this area is complex as to who is entitled to bring a case and who is entitled to a recovery.

8. Can the heirs hire separate attorneys?

Answer: Yes, the individual heirs can retain separate attorneys which is sometimes necessary in cases in which the heirs are hostile to each other; however, even in this situation, the heirs should limit their hostility because it will ultimately driving down the entire value of the case.

9. How soon should I contact an attorney?

Answer: An attorney should be contacted immediately after contacting the necessary authorities and medical service providers, if needed. As your attorneys, we can explain the process from beginning to end, assist in locating and securing appropriate medical attention, and, will work with the insurance company to make sure that you are fully compensated for your losses.