If a loved one dies due to the negligence or misconduct of another then you may be entitled to bring an action for wrongful death. An action for wrongful death lies with the heirs of the deceased. Texas has a civil "wrongful death statute”, which establishes the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death can be brought by the personal representative of the deceased.


A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

  • An Automobile accident;

  • A Boating Accident

  • An Aviation Accident

  • An Industrial Accident

  • Exposure to a dangerous condition on the job;

  • And numerous other situations in which someone’s negligence results in the death of another person.

 

We understand that no amount of money will ever fully compensate someone for the loss of a family member. However in a wrongful death claim it will be necessary to place a monetary value on the economic damages suffered by the victims family as a result of the wrongful death of their loved one. Below are some of the factors that will be considered by the court when evaluating the economic damages.

 

  • The earning capacity the deceased (i.e. their level of education and time of death earnings)

  • The life expectancy of the deceased.  

  • Expenses incurred by the victims family for medical and funeral costs

 

 

Choosing the right wrongful death lawyer to represent your family can be a daunting task. The first and most important thing that a client should ask is how  well versed the attorney is in personal injury and wrongful death. There are many attorneys that will happily accept a wrongful death case, looking only to the potential fee that they can make. However by choosing an attorney that is not well versed in wrongful death and personal injury you may be unknowingly leaving a substantial amount of money on the table that you would otherwise be entitled to.

 

If you have a loved one that has suffered due to the negligence of another, contact Giddens & Burns immediately. In Texas the statute of limitations (time you have to bring your claim) for personal injury and wrongful death actions is typically two years from the date of the accident. However this is not a hard and fast rule there are some exceptions, but it is important that you don't waste anymore time. Without the assistance of an attorney you may receive a fraction of the amount you are entitled to.

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