When a spouse, parent or child dies due to the negligence of another, his or her family member may have a claim for the damages they’ve suffered as a result of their loss. Wrongful death accidents vary, and typically result from car, truck or train accidents, product defects, workplace injuries, plane crashes, slip and falls, medical malpractice or catastrophic injuries. Damages that a spouse or family member may suffer are the loss of the decedent’s salary, employer benefits and the pain and suffering or other burdens of the family member as a result of the death.
Who can sue for wrongful death? Generally the law is as follows:
- Loss of a child. If the decedent is a child, the parents can file a lawsuit in Texas. There is perhaps no greater pain to manage than the death of a child. If the child’s death could have been prevented by someone acting with reasonable care, then the pain is magnified. We help parents and families recover damages for the loss of a child. Although nothing can bring the child back, seeking the maximum recovery for the agony and devastation that families have suffered ensures that the responsible party is held responsible and possibly prevent future deaths.
- Loss of a spouse or parent. If the decedent is married with children, the spouse and/or children can file a lawsuit. If the decedent was married without children, the spouse can file a lawsuit. We help widowed spouses and children recover for their pain and emotional suffering as well as their spouse’s lost wages and benefits where possible. Each situation is different, and the types of damages that may be available to spouses and parents vary from case to case. We will work and help you fight for the maximum recovery to ensure that your life is as emotionally and physically secure as possible.
- Loss of a sibling. If the decedent is unmarried with no children or living parents, then siblings can file a lawsuit in Texas.
Because situations vary widely, it is important to consult with experienced and capable personal injury attorneys about what rights and remedies you may have. The attorneys at Armstrong & Lee LLP are standing by to help you chart a path forward on your claims relating to the loss of a loved one.