Previously, in Texas, when an individual lost their spouse, parent or child, they were not permitted to bring a claim against the negligent party for the loss of their loved one. The Wrongful Death Act changed the law and now allows family members and estates to seek compensation for the individual who lost their life due to negligence. These types of lawsuits are very complicated and require the knowledge and experience of a wrongful death lawyer in Waxahachie, TX.
What Type of Compensation Is Available?
When an individual is successful in their wrongful death claim, they will be able to recover exemplary damages or actual damages. In some cases, an individual will receive both types of damages.
Actual damages include the loss of the deceased person’s earning ability after the accident and into the future. Financial losses also include maintenance, support, advice, and other support the deceased individual would have provided if they did not pass away.
Mental Anguish and Loss of Love
The emotional pain, suffering, and torment a surviving individual feels after their loss can be compensated. Companionship, love, and comfort of the deceased individual is also another area of actual damages an individual can receive compensation for. Any money a surviving individual would have received as an inheritance if the deceased loved one lived a normal lifetime can also be claimed.
If a death is caused by a willful or grossly negligent act, exemplary damages are recoverable. Proving these types of damages requires the experience of an wrongful death lawyer in Waxahachie, TX.
Affording an Attorney
Personal injury attorneys provide a free consultation to discuss the circumstances surrounding a case. Most personal injury attorneys will not charge the individual a fee but will receive a percentage of a settlement if they are successful in the case. This will be discussed during the free consultation.
Experienced wrongful death attorneys like Mallios & Associates PC understand what a difficult time this can be for you and will be very compassionate when discussing the case. Although they cannot bring your loved one back, they can fight to hold the negligent party accountable for what they did. For more information, please feel free to visit the website.