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
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.