Wrongful Death

Losing a loved one is the most tragic event of one’s life.  It is both emotionally and financially taxing on the surviving family members.  Under Texas law, when a death is caused by the neglect, carelessness, unskillfulness or default of another person, then that person may be liable for the wrongful death.  This includes but is not limited to negligent drivers, business owners or home owners who fail to maintain a safe premises, or physicians who commit malpractice.

In these situations the surviving spouse, children, and parents of the victim have the right to file a claim for wrongful death against the individual or individuals who are responsible for the death.  A wrongful death claim is separate from any criminal proceedings and must be filed by the surviving family members.  In a wrongful death claim, damages may be awarded for the following:
·         Lost companionship and love
·         Lost  inheritance
·         Lost earning capacity
·         Mental and emotional anguish
·         Pain and Suffering
When the wrongful death of an individual is due to the willful omission or gross negligence of another, exemplary damages may also be awarded.  These damages are sometimes referred to as punitive damages.  These damages are meant to punish the individual at fault rather than to compensate the surviving family members.
 It’s important to contact a skilled attorney immediately to help navigate through the complicated legal issues surrounding a wrongful death so that the survivors can begin to heal.  If a family member or someone you loved was the victim of a wrongful death from a trucking or car accident call Funk & Associates right away and allow our skilled team of attorneys to handle your claim.