When families lose a loved one due to someone else’s negligence, recklessness or criminal action, the pain, grief, and emotional trauma can be overwhelming. Common contributors to wrongful death actions include negligence, slip & fall accidents, aviation accidents, oil rig injuries, car accidents, trucking accidents, medical malpractice, and other causes. The experienced wrongful death attorneys at Mazzola Law Firm stand ready to fight for you and your family to help you get justice for your lost loved one.
Get Assistance From an Experienced Wrongful Death Attorney
When someone dies due to the actions of another person, the family members have the right to recover the costs associated with the loss of their loved one through the filing of a wrongful death lawsuit. Texas wrongful death victims leave behind medical bills, funeral and burial costs, and other expenses. This, coupled with the lost wages from the deceased person, often puts families in financial stress.
Of course, a wrongful death lawsuit will not take away the emotional distress and loss of companionship experienced by surviving family members. But holding those responsible for the wrongful death of a loved one accountable in a court of law will provide relief to grieving family members in the form of financial stability (and oftentimes, closure). When you hire Mazzola Law Firm, we will immediately begin:
- 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.
Attorney Brian N. Mazzola has the expertise to oversee all aspects of the 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 the negligent, reckless or criminal conduct of the person or business entity being sued, and that the victim’s survivors are entitled to recover monetary damages from the responsible party. 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 plaintiff is a statutory beneficiary of the decedent, i.e., the parent, child or spouse of the decedent; (2) the defendant is a person or a corporation; (3) the defendant’s wrongful act caused, in whole or part, the death of the decedent; (4) the decedent would have been entitled to bring an action for the injury if he or she had lived; and (4) the plaintiff has suffered damages as a result of the wrongful death.
Recoverable Damages
As stated above, wrongful death lawsuits can only be brought by the parent, child or spouse of the decedent. In Texas, a wrongful death beneficiary can recover the following types of damages:
- Loss of the decedent’s earning capacity;
- Loss of the decedent’s advice and counsel;
- Loss of the decedent spouse, parent or child’s “services”;
- Expenses for psychological treatment;
- Funeral expenses;
- Mental Anguish;
- Loss of companionship and society;
- Loss of inheritance; and
- Exemplary damages (intended to punish wrongdoers and prevent them from harming others)
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; and
- Unnecessary pain and suffering of family members between the time of the accident and the death of the family member
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.