Wrongful Death or Negligent Death Caused by Accident

Wrongful death or negligent death is the death of a person as a result of the negligent or careless act of another. Under Texas law, a wrongful death claim is one that can be brought by those who have survived the decedent because of the negligent act. The negligent act that caused the person’s death may be intentional or unintentional. The purpose of the claim is to compensate family members for the losses suffered due to the death of a loved one.

The best way to assert this type of claim is to hire an attorney with extensive experience in wrongful death claims. The attorney will be able to determine the exact losses that are compensable, whether they are emotional, economic, mental, physical damages, etc.

The attorney will make sure that you are not being taken advantage of and will advise and guide you through the entire legal process until you achieve fair compensation for your loss.

At Pastrana & García Injury Law, our attorneys offer over 30 years of experience in wrongful death cases, and are the attorneys you need on your side to receive fair compensation.

Remember, if you have lost a loved one due to negligence, YOU ARE NOT ALONE, CALL US, AND ASK FOR YOUR FREE CONSULTATION!

Who Can File a Wrongful Death Lawsuit?

In Texas only the surviving spouse (husband or wife), children and parents of the deceased can bring a wrongful death action. However, if none of these persons have commenced the action within three calendar months of the decedent’s death, his or her executor or administrator of the estate may commence the action, unless all of these eligible persons request that they not do so.

Filing a wrongful death lawsuit may require certain procedures in court, so it is important to consult with a personal injury attorney in order to make informed decisions about your case.

Types of Damages in a Wrongful Death Lawsuit

In a claim such as this, there are several types of damages recoverable by the decedent’s children, spouse and parents.

The decedent’s parents, for example, may recover for loss of companionship as well as mental anguish.

As for the surviving spouse, he or she may be entitled to damages for the loss of companionship, mental anguish, contributions and financial support that he or she likely would have received had his or her spouse lived.
Finally, as to the surviving child of a deceased parent, he or she may be entitled to damages for loss of companionship, mental anguish, damages and the reasonable value of contributions and services the parent would have provided to his or her child had he or she lived.

At Pastrana & García we are Hispanic lawyers, we fully understand how difficult it is to lose a loved one and how frustrating it can be to navigate the American legal system, we have over 30 years of experience recovering compensation for our clients.

You pay no fees unless we recover your compensation and regardless of your immigration status!

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