The loss of a loved one in Texas gives rise to both Wrongful Death and Survival claims. A Wrongful Death claim is the claim that is brought by the parents, spouse, and children of a deceased accident victim. Wrongful Death claimants have a right under Texas Civil Practices and Remedies Code Chapter 71 to recover damages for the loss of care, comfort, society, and financial support which they suffer as a result of the loss of a family member. Dependent children have lost the care, comfort and guidance of a parent. A surviving spouse has lost the love and companionship of a lifetime partner. Parents suffer the loss of a child in a way unlike any of the other wrongful death claimants. All of these unique losses must be considered and compensated.Survival Claims in Death Cases
A Survival Claim is the claim that is brought by the Estate of the deceased accident victim to recover the normal personal injury damages that the accident victim suffered prior to the time that they passed away. The name Survival Claim comes from the fact that the victim’s right to make a personal injury claim survives their death and becomes part of their Estate. The Estate of the deceased also has a right to make a claim for funeral and burial expenses.
Over the years our Earl Drott have helped many East Texas families develop wrongful death claims after the tragic loss of a family member. We have successfully handled wrongful death claims arising out of:
- Auto Accidents
- Motorcycle Accidents
- Trucking/18-Wheeler Crashes
- Oilfield Accidents
- Nursing Home Abuse
- Premises Defects
- Construction Accidents
- DWI/DUI Alcohol Related Wrecks
- Workplace Injuries
- Criminal Assaults
The proper handling of a Wrongful Death claim involves not only the issues of a normal personal injury claim but also the documentation of the personal and financial relationships of the wrongful death claimants with the deceased accident victim. Wrongful Death claims often focus on the recovery of loss of support. The laws and rules regarding the recovery of loss of support damages are complex and require the expertise of an experienced wrongful death attorney. Our firm works with accountants, economists and vocational experts to maximize our clients’ loss of support recovery and has successfully recovered many millions of dollars in loss of support damages in wrongful death cases.Gross Negligence/Punitive Damages in Wrongful Death Cases
Many of our wrongful death claims involve not only negligence and carelessness but also recklessness and gross negligence. This is particularly true in our texting and DWI/ DUI wrongful death claims. The proper handling of a gross negligence wrongful death claim requires experience and expertise in the development of gross negligence evidence, the discovery of the Defendant’s net worth, and the presentation of the case to the insurance company and jury. Our Wrongful Death Lawyers are skilled regarding all aspects of the handling of gross negligence wrongful death cases and have been very successful in the recovery of punitive damages for our clients.
We have handled wrongful death claims for more than a quarter century in Tyler, Smith County, Jacksonville, Rusk, Cherokee County, Palestine, Anderson County, Athens, Henderson County, Canton, Van Zandt County, Mineola, Quitman, Wood County, Gilmer, Upshur County, Longview, Gregg County, Kilgore, Henderson, Rusk County, Marshall, Harrison County, Carthage, Panola County, and all the surrounding cities and counties East Texas.
Losing a family member suddenly and unexpectedly is a traumatic and disorienting experience. During this time you need an experienced wrongful death attorney to whom you can simply hand off your legal matters so that you can focus on adjusting and healing.
After more than thirty-seven years and countless wrongful death cases there is virtually nothing that we haven't seen and successfully handled. There is no substitute for experience. If you want the assistance of an experienced Board Certified Personal Injury Attorney in the Tyler / Longview / East Texas area contact us today.