The loss of a family member is emotionally and financially devastating. At Austin personal injury law firm Bemis, Roach & Reed, it is our job to understand this loss and make sure that the responsible party understands the extent of the loss and our determination to obtain justice for not only the deceased, but the deceased's family as well. Handling wrongful death claims requires the expertise of a Board Certified Personal Injury and Trial Law Attorney for a variety of reasons. There are significant legal issues involving estate law and the application of the Wrongful Death and Survivor statute. In many cases the primary witness to the event may be the deceased party. This creates significant issues in building evidence to support liability. There are also complex damage issues, especially in the case in which the deceased was either the main financial provider to the family or was the main care giver to the family’s children.
The law in such cases can also be complex. In the past, when a victim died, his claim died with him. The State of Texas recognized the inequity of this state of affairs and enacted the Wrongful Death and Survivor statute to provide a remedy in the case of a death caused by a wrongful act or negligence. The State of Texas created two separate and distinct causes of action which apply when an individual dies as a result of the negligence of others. Both causes of action are the creation of the State and, as a result, the State has the power to limit these causes of action. The first cause of action is called the Survival cause of action. It is the cause of action to recover those damages suffered by the deceased. The action is usually brought by the estate of the victim. The damages which can be recovered are those damages which the victim could have brought if he had survived the incident. The second recognized cause of action is called a Wrongful Death claim and it is available only to a surviving spouse, surviving children of the deceased and the deceased's parents. The Wrongful Death Statute allows for a recovery for the pain, anguish and economic losses suffered by these family members as a result of the death of their loved one. When the death is caused by the willful act, omission or gross negligence of the defendant, injury compensation may be recovered for exemplary and actual damages.
The personal injury lawyers at Bemis, Roach & Reed understand the law and the damages that result from such a loss. An experienced Texas wrongful death attorney will work together with the surviving family and estate to not only bring closure to such tragedies, but to recover, as best as is ever possible in such situations, injury compensation for the loss. Call toll free at (866) 433-4979 to schedule a free consultation.