At the Guerrero Law Office in Dallas, attorney Roxane Guerrero and her staff work to support the families who have lost a loved one in an automobile collision or truck accident, by bringing wrongful death and survival actions on behalf of bereaved spouses, parents, and children in North Central Texas.
A personal injury accident caused by a negligent driver is tragic enough, but to lose a loved one forever in such a needless way is truly heartbreaking. When a death is caused by the negligent or wrongful conduct of another, the law allows a wrongful death action to be brought on behalf of the surviving spouse, children and parents.
Types of Damages Recoverable
A wrongful death action seeks to compensate the surviving family members for the financial and emotional losses they have suffered. Damages which may be awarded include funeral and burial expenses, the loss of future earnings and companionship the deceased would have provided, and the pain and suffering experienced by the family. It is also appropriate to seek exemplary (punitive) damages if the death was caused by a willful act or omission or was the result of gross negligence.
The Texas Wrongful Death statute also includes provisions for a survival action. This means that a deceased person’s heirs or legal representatives could bring an action on behalf of the deceased for the damages incurred before the person died. These damages could include medical expenses, lost wages, and the deceased’s pain and suffering.
Since many of the facts and defendants are likely to be the same, it is often possible to join together a wrongful death action and survival action into one lawsuit, maximizing the compensation available to the family bereft of their loved one. There are still significant differences among personal injury, wrongful death, and survival actions, and it is important to be represented by an experienced attorney to ensure that you do not accidentally forfeit your rights and that you receive the full compensation to which you are entitled.
Seek Experienced Legal Representation
If you have lost a close family member, it is unavoidable that you will face tough times ahead learning to cope with the loss. Adding financial burdens to your emotional ones will only compound your troubles. The Guerrero Law Office are on your side, ready to make sure that you are not forced to bear the added costs this tragedy may bring to your life. We have decades of experience helping people like you in situations like yours. Contact the Guerrero Law Office for a free consultation to discuss recovering for your damages and holding the responsible parties accountable for their actions.