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Wrongful Death Cases
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Wrongful Death Cases

In Texas when a person is killed in an accident caused by the negligence of another, then there is a wrongful death claim. The wrongful death claim belongs to the parents, spouse and children of the decedent. No one else can make a claim. There is no claim for a brother or sister in a wrongful death claim.

Wrongful death damages in Texas include damages for loss of love, affection and support, as well as for grief and mental anguish. Wrongful death damages also include economic damages such as loss of financial support and inheritance.

Any one wrongful death beneficiary can bring the claim on behalf of the others. A wrongful death claim does not require that an estate be probated. The person does not have to be an administrator of an estate or a beneficiary of a will in order to bring a wrongful death claim.

Related to the idea of a wrongful death claim is a “survival claim.” A survival claim is a claim that belongs to the estate of the decedent. The survival claim is for medical expenses and damages such as pain and suffering that a person suffered prior to their death. The survival claim survives the person’s death and belongs to the estate and is in addition to the wrongful death claim.

The law firm of Glasheen, Valles, Inderman & DeHoyos has handled many, many wrongful death cases and can advise you how to best proceed with a wrongful death claim.