The death of a family member or other loved one is always difficult for those left behind. Even when the loss is expected after a lengthy illness or comes at the end of a full life, grief and sadness are unavoidable. But when a life is tragically and suddenly cut short because someone acted recklessly or was negligent or when a parent, child, or sibling is taken from a family forever because someone else was careless and irresponsible, the loss hits even harder.
Families may find their mourning is joined by anger at the person responsible for the permanent hole created in the family’s life. Questions about how and why their loved one died accompany worries about weathering the financial, practical, and emotional challenges that follow an unexpected death. As the shock recedes, they wonder what to do next and whether the person responsible for their loss can be held accountable.
Compassion, Care, and Compensation for Grieving Families
Families in Austin and throughout Texas who are reeling after the wrongful deaths of loved ones can turn to Sandoval & James. While we recognize that we can never fill the void left behind after someone you love is needlessly killed, we can provide you with the support, assistance, and compensation that can help you move forward.
With compassion, genuine concern, and a steadfast commitment to your family’s well-being, we will always be there for you, as we have been for so many other families who have endured similar pain. We’ll answer your questions and explain your options. While you focus on healing, we will focus on getting you the compensation, justice, and closure you deserve.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is brought by family members against the party or parties responsible for their loved one’s death in which they pursue compensation for all they have lost, financially and emotionally. A death is considered “wrongful” under Texas law if it was the result of another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.” This covers almost every type of act that would form the basis of a personal injury lawsuit if the person had not died from his or her injuries.
While the impact of someone’s death may extend far and wide, not all family members can file a Texas wrongful death lawsuit, no matter how close they were to the deceased.
The Texas Wrongful Death Act only allows the surviving spouse, parents, or children of the deceased to file wrongful death lawsuits. If none of these individuals file suit within three calendar months after the death of the family member, the deceased’s executor or administrator can bring and pursue the action unless requested not to by all those individuals.
Damages Recoverable in a Texas Wrongful Death Lawsuit and Survival Action
In a Texas wrongful death lawsuit and survival action, surviving family members may recover damages for:
- Funeral and burial expenses.
- Medical and hospital expenses.
- Lost wages and benefits the deceased would likely have earned if he or she had lived.
- Pain and suffering.
- Loss of consortium and companionship.
Call Sandoval & James Today to Discuss Your Loss
Obtaining the compensation families deserve in a wrongful death action requires more than just proving to a judge or jury that a defendant was responsible for a loved one’s death. It requires the skill, knowledge, and dedication to show the full extent of a family’s loss, not just in terms of dollars and cents, but in the day-to-day struggles that follow such an unexpected tragedy.
If you are living in the shadow of a family member’s sudden and senseless death, we stand ready to help you. To arrange for your free initial consultation, call us today at 512-382-7707 or contact us online.