Wrongful Death

Published on June 05, 2012   Trevor A. Taylor


If a loved one passed away because of the negligence of another, this law firm may be able to help.  Serious automobile collisions, accidents caused by drunk drivers, 18 wheeler or big rig collisions, construction site accidents, medical or nursing malpractice and other types of negligence may give rise to a claim.  At the Law Office of Trevor A. Taylor, we can give you advice regarding the merits of your case, and help you with accessing resources that may be available following the death of a loved one.

Negligence under the law means the failure to act as a person of ordinary person would have under the same or similar circumstances.  A person’s negligence causes the death of another, a civil claim for money damages may exist.

 Texas law recognizes two types of claims following a death.  The first type of claim is called a survival claim.  That claim seeks to stand in the shoes of the decedent, and seeks damages to the decedent like physical pain, suffering, medical expenses, and funeral expenses.  One question that arises frequently in this sort of claim is whether or not the heirs of the decedent can bring a claim directly, or whether an estate in probate needs to be established and the claim brought through the estate.  An experienced personal injury trial lawyer can help you answer that question, and take the steps necessary to properly preserve any claim.

The second type of claim Texas law recognizes following a death is a wrongful death claim.  This claim is brought by designated beneficiaries under the wrongful death statute.  Spouses, children and parents of the deceased may bring claims under the statute.  Damages that a beneficiary can pursue include:

  • loss of advice and counsel, which includes the money value of professional recommendations and personal guidance the deceased might have provided had he survived;
  • loss of services (in the case of the death of a spouse, that could be the loss of household and domestic services);
  • loss of support or financial contribution;
  • mental anguish;
  • loss of companionship and society, defined as the positive benefits flowing from the love, comfort, companionship, and society the plaintiff would, in reasonably probability, have experienced if the decedent had lived;
  • loss of inheritance, defined as what the decedent would have accumulated during the course of her lifetime to be passed on at the time of death;
  • exemplary damages, if the death was the result of gross negligence.

If you fail to bring a claim within the applicable statute of limitations, the claim may be barred.  If you think you or a family member may have an actionable death claim, you should consult with a lawyer as soon as possible to protect your rights.  Trevor Taylor is a specialist in personal injury claims.

If you would like your claim reviewed for FREE by a board certified personal injury trial lawyer, contact the Law Office of Trevor A. Taylor today. 

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