If someone you love has been killed by the negligence of another person, you may have the right to bring a wrongful death claim against them. These claims can be very difficult and complicated, however, so contact a wrongful death law firm in McAllen, TX as soon as possible to find out more.
Damages Related to Your Loved One
The first category of damages is specifically related to your loved one. These include all medical expenses they may have incurred prior to their death and compensation for the pain and suffering they went through. You can also claim compensation for the funeral expenses required to bury or otherwise care for them after their death.
Damages Related to You
There are other damages you can recover that have to do with your suffering and loss. For example, you can claim damages for the loss of income by the untimely death of your loved one. You may also be able to make a claim for lost inheritance, lost services from the deceased, and for loss of companionship that you may be suffering that you would not otherwise be dealing with if not for the other party’s negligent behavior.
Exemplary Damages
Texas has what is known as “exemplary damages,” which are sometimes called punitive damages. These are not designed to address a loss that you have suffered but simply to punish the negligent party. These are quite rare, but they are used when someone’s behavior was particularly egregious. They are most common when the responsible party was not being negligent but willfully harmed your loved one. They are also occasionally applied where there is especially gross negligence.
Who Can Bring a Claim?
Texas law only allows certain people to bring a wrongful death claim. Spouses, children, and parents – including legally adopted children and parents of legally adopted kids – may bring this claim. If the family member brings a claim, the representative of the deceased estate may do so, but only so long as the family does not object.
How Much Is a Case Worth?
It’s nearly impossible to give a general estimate on a wrongful death case. Many factors are involved and the payouts for these claims range from thousands to even millions of dollars. A lot depends on the age and health of the deceased before the accident, the specific behavior of the negligent party, and the amount of the funeral and medical expenses. Talk with a lawyer to get an idea of what your claim specifically might be worth.
Working With a Wrongful Death Law Firm
It can be difficult to calculate everything that should go into a claim, and in most cases you are up against an insurance company with a vested interest in challenging you at every point to minimize their liability. An experienced personal injury law firm will prove what really happened and fight for the damages you’re entitled to by law.
For a free consultation, contact the Almaraz Law Firm in McAllen and San Antonio, TX today.
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Almaraz Law Firm
212 W. Nolana Ave. McAllen, TX 78504,
8422 Fountain Circle, San Antonio, TX 78229
701B W. Indiana Ste. 20, Midland, Texas 79701
Hours: Monday-Friday 9:00am - 4:30pm
*Midland, Texas available by appt only*
