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Sunday, October 14, 2012

Texas Accident Death Lawsuits Include Wrongful Death Claims and Survival Accident Claims by Texas Accident Death Lawyer Jason S. Coomer

Texas Accident Death Lawsuits Include Survival Action Claims and Wrongful Death Claims and Usually Require The Grieving Family To File A Probate Lawsuit To Obtain Control of Their Loved One's Estate by Texas Accident Death Lawyer Jason S. Coomer

Under Texas law there are two main types of claims that arise out of fatal accidents.  These claims include survival actions and wrongful death actions.  The survival action passes through the decedent's estate and allows the heirs or beneficiaries of a decedent to seek compensation for the death of their loved one.  To obtain control of the survival action the lost loved one's estate needs to be administered through a Texas probate and an administrator or executor needs to be appointed.  This will allow the administrator or executor to file a survival action and seek survival action damages.

The survival action seeks damages or claims for what the decedent would have recovered had the person survived the accident.  These claims travel through the decedent's estate and either go to their heirs or beneficiaries.  These damages include:
  •  Expenses associated with the death including funeral costs
  • Medical expenses prior to the death
  • Pain and suffering associated with the untimely death 
Texas Wrongful Death Claims Are Available to the Spouse, Parents, and Children

In addition to survival actions claims, Texas law also has wrongful death claims that are available to the spouse, parents, and children of a person that has been wrongfully killed by the negligent actions, reckless actions, or intentional actions of another.  Wrongful death claims seek money compensation for the parents, spouse and children of the decedent based on a variety of factors including:
  • Loss of love, companionship, comfort, assistance, protection, affection or care 
  • Loss of financial support 
  • Lost benefits, such as insurance, from the death 
  • Loss of inheritance from an untimely death
Many Families Do Not Realize That In Addition To Survival Action and Wrongful Death Action Claims There Are Often Several Different Types of Death Benefits and Insurance Recoveries That Can Also Be Recovered
After losing a loved one in an accident, it can be difficult to locate all potential insurance recoveries as well as to prove to insurance companies and guilty defendants the full extent of damages that your family has suffered. This is especially true if the damages suffered include the loss of a main contributor of financial support to your family or if there are large medical and funeral bills created by the death.  These damages can often cause a ripple affect of other damages that can result in the loss of a home, loss of vehicles, loss of ability to go to college, and other serious financial problems.    
In thoroughly investigating the death of a loved one, it is important to understand the potential different types of compensation that can be obtained through the Texas legal system and insurance policies.  In addition to seeking compensation from defendants responsible for the accidental death of a loved one, insurance can often provide compensation for the loss of a loved one.  Accidental Death Policies, Life Insurance Policies, Homeowners Insurance, General Commercial Insurance Policies, and Automobile Accident Policies are all types of insurance that can compensate widows and Texas families for the accidental death of a loved one.  In many instances if the party that killed your loved one is a business corporation, the party will have a general commercial policy of one million dollars to insure them from catastrophic injuries and death.  These policy can sometimes be hidden until a formal demand is made to the company responsible for the death.  Additionally, if the party that accidentally killed your loved one owns a home they will probably have a homeowners insurance policy that may compensate for an accidental death including deaths caused by fire and smoke, an accidental shooting or stray bullet, negligent children, attack dogs, dangerous condition on the property, or other negligence committed by a homeowner.  Like other insurance policies, these policies must be triggered within a certain time of the death and will not be automatically triggered.  A formal demand typically must be made to trigger these insurance policies.

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