El Paso Who has the Legal Right to Represent the Deceased?

In a wrongful death case since the person who was killed can't initiate a claim, this type of case is handled differently than a traditional negligence lawsuit. The parent, child or spouse of the deceased brings a wrongful death claim against the defendant whose conduct or negligence is believed to have been the cause, in whole or part, of the victim's death.

The Texas Survival Act allows the deceased’s estate to recover any damages the deceased would have provided to their family had he or she lived, including earnings; medical and funeral expenses; estate administration expenses; survivors emotional pain and suffering, and punitive damages.

The one thing that must be proven in all wrongful death cases is negligence, which is characterized by inattention, thoughtlessness, inadvertence and mistakes.

Financial damages may include funeral and burial expenses and loss of future earnings the deceased would have provided. Emotional damages include the pain and suffering experienced by the family members and loss of companionship provided by the deceased. When a death is caused by a willful act or omission or gross negligence, exemplary damages designed to punish the defendant for such conduct may also be awarded.

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Carabin Shaw represents individuals and families involved in personal injury and wrongful death cases that were caused by the negligence, carelessness, and/or recklessness of others. Contact us today via email, or by phone at 915.779.2301 day or night.