In the most unfortunate of circumstances, a loved one is lost due to the negligence of a third party. Remedy or recovery for such a loss is addressed by bringing forth a Wrongful Death action which is addressed in Section 71 of the Texas Civil Practice and Remedies Code.
The surviving spouse, children, and parents of the deceased are the only parties that may bring a Wrongful Death claim. Parties can recover compensation for things such as lost wages, mental anguish, loss of inheritance, and the value of the care and maintenance they would have provided their family had they survived.
For example, suppose John Smith, a 35 year-old man, earns $50,000 annually. Suppose further he is married to Jane Smith, and they have two children, Chris and Jennifer. If John Smith died due to the negligent act of a third party, Jane, Chris, and Jennifer have a Wrongful Death claim. They would be entitled to recover the wages John would have earned had he lived, their loss of inheritance, the mental anguish they suffered due to their loss of John, as well as the lost value of the care and maintenance he would have provided had he not died.
Texas law has provided the Wrongful Death action to help compensate for the loss of a loved one. Abraham Watkins offers a free consultation to anyone wishing to pursue such claims.
If the willful or negligent acts of another have resulted in the death of someone you know, contact the attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling (713) 222-7211 or 713-222-7211.