Wrongful Death

Families of Texas wrongful death victims need help to begin recovering emotionally and financially. When an accident results in someone’s death, time seems to stand still for the loved ones left behind. The shock of the situation, and the grief and loss that follow, are unbearable. In the awful period after a wrongful death, it is all most surviving family members can do to just get through each day. The experienced wrongful death attorneys at the Mazzola Law Firm stand ready to fight for you and your family.

Get assistance from an experienced Texas wrongful death attorney

When someone dies due to the negligent acts of another person, the family members have the right to recover the costs associated with the loss of their loved one. Even when a person dies after an accident, medical bills, funeral and burial costs, and other expenses remain. The lost wages from the deceased person put families in financial stress. And the lost companionship and support of the wrongful death victim can never be replaced.

Personal injury attorneys cannot help with the emotional distress, grief, and loss being felt by families. So attorneys focus on reducing financial stress for surviving relatives of those who have died due to the negligence of others.

Our lawyers help immediately by:

  • handling all communications with insurance companies;
  • gathering all necessary information including police collision reports, medical records, insurance records, and other documentation;
  • identifying and documenting all losses caused by the wrongful death including non-monetary losses like pain and suffering and loss of companionship;
  • launching an insurance claim;
  • negotiating with insurance adjusters to obtain a full settlement;
  • filing a lawsuit and taking the claim to a jury when a settlement offer is inadequate.

Begin the healing process today by contacting us

Contact us for help if you have lost a loved one due to someone else’s negligence. Wrongful Death and Survival Action attorney Brian N. Mazzola has the expertise to oversee all aspects of a wrongful death and/or survival actoin claim, so that families can reserve their energy for the important task of emotional healing.

WHAT IS A WRONGFUL DEATH LAWSUIT?

A wrongful death lawsuit alleges that the victim was killed as a result of negligence on the part of the person or business entity being sued, and that the victim’s survivors are entitled to monetary damages as a result of the negligent act and improper conduct. Today, all 50 states have some form of wrongful death claim action or statute in force.

Although the wrongful death statutes may differ a bit from state to state, they all follow the same general principles. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children as beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death.

Wrongful death lawsuits and claims are to be brought by the spouse or children. In some instances, these claims are filed in order to obtain monetary damages to cover the earnings the deceased person would have provided. Other damages that may be recovered include:

  • Expense associated with the death, e.g., medical and funeral
  • Loss of support
  • Lost benefits, such as insurance, from the death
  • Loss of inheritance from an untimely death
  • Loss of love, companionship, comfort, care, assistance, protection, affection or care suffered by the survivor of the decedent
  • Punitive damages, intended to punish wrongdoers and prevent them from harming others

If you have questions or concerns about a wrongful death or survival action claim, contact us today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.

Texas Survival Act

Another source of recovery after the death of a loved one is the survival statute. A Survival Action is a personal injury claim for the injuries and pain the deceased person suffered prior to his or her death. It is basically as though the person’s personal injury lawsuit “survived” the person’s death. The statute allows an estate, heirs or legal representative to bring a survival action.

A survival action might seek financial compensation for:

  • Any pain and suffering experienced by the person before their death
  • Medical bills incurred by the person prior to death
  • Burial expenses
  • Unnecessary pain and suffering of family members between the time of the accident and the death of the family member

In contrast, a wrongful death action is a lawsuit available to a surviving spouse, children and parents of the deceased. The deceased may be any person including a child not born alive. Under the Wrongful Death Act, beneficiaries are able to recover personally for the damages they incur as a result of the loss of their loved ones and not the actual injuries sustained to the deceased as in a survival action. A Wrongful Death is the ultimate catastrophic event that can occur because of the negligence, reckless behavior or bad conduct of another person, business, employer, or fellow employee. Common contributors to this kind of death include medical negligence, failure to diagnose, nursing home abuse & neglect, birth injury, slip & fall accidents, aviation accidents, oil rig injuries, car accidents, and other causes.

Contact us for a free consultation to discuss your wrongful death/survival action. We stand ready to help 24/7.