Grand Prairie Wrongful Death Lawyer
If the death of your spouse, child, or parent resulted from someone else’s negligence or intentional action, it might be worthwhile to speak to a Grand Prairie wrongful death lawyer about possible civil litigation. While no amount of money could ever ease the pain of a loved one’s death, a wrongful death lawsuit could help you and other surviving family members cover unexpected expenses and provide for themselves in the future.
A compassionate personal injury attorney could investigate the grounds for such a claim, gather evidence, and speak to medical advisors to determine if the decedent’s surviving estate may be eligible to seek compensation. If so, they could help you file a comprehensive lawsuit and effectively seek justice for your loved one’s death.
The Difference Between a Wrongful Death Claim and a Survival Action
Vehicle crashes, industrial accidents, defective products, and various other incidents could be the basis for a wrongful death lawsuit. In general, if an individual passed away due directly to another person or entity’s actions, surviving family members may have grounds for a wrongful death claim.
Wrongful death cases are meant to compensate the immediate family of the deceased for their death-related expenses. With a committed Grand Prairie wrongful death attorney’s help, if they choose to retain one, the deceased’s spouse or partner, children, parents, or siblings may be eligible to file such a case in the state of Texas.
On the other hand, a survival action is related to a wrongful death claim and may be filed simultaneously. However, such an action is not meant to compensate the family of the deceased.
Instead, the recoverable compensation in a survival action is paid directly to the deceased’s estate as damages for losses that a person suffered before death, and which that person would have been eligible to pursue themselves if they had survived their injuries. Damages awarded to the estate from a survival action are distributed according to the deceased’s will or estate plan as prescribed under Texas law.
Compensable Damages for the Decedent’s Estate
Members of the deceased’s family may seek compensation for multiple types of damages following a wrongful death. Compensable damages may include the loss of a loved one’s companionship, comfort, or support, as well as the mental pain and anguish those family members suffered after the death.
Survivors may also receive damages for the financial losses they suffered after the death of their loved one, including the loss of income that the family should have earned during the deceased’s lifetime or the loss of inheritance that the deceased would have left to a loved one. Through a survival action, the decedent’s estate could recover compensation for funeral and burial costs as well.
In some situations, such as when the death of an individual is the result of a willful act or gross negligence, a civil court may award punitive damages against a defendant. These damages are explicitly meant to punish the wrongdoing party for their actions rather than makeup for losses sustained by the plaintiff in the case.
A Grand Prairie Wrongful Death Attorney Could Help Families Recover
An experienced attorney could help grieving families pursue financial recovery through a wrongful death lawsuit or a survival action, depending on the circumstances of the decedent’s death. Though no amount of money could replace a beloved family member, these types of lawsuits could help survivors gain the financial security they need to move forward with their lives.
If the death of your loved one was the result of someone else’s negligence or wrongdoing, you have options to hold those responsible accountable in court. Call today to speak to a Grand Prairie wrongful death lawyer about what may be possible in your situation.