Losing a loved one can be unimaginable, especially when someone else’s negligence is responsible. While you are caught up in the details following the death of your loved one, you may start to wonder if it is worth it to consult a Galveston wrongful death lawyer.
Lowe Law has been an established practice for nearly 10 years. When you work with our Galveston personal injury lawyer, you benefit from our team’s decades of combined experience. We value our clients’ experiences and will aggressively advocate for the compensation you deserve.
Wrongful Death vs Survival Action Claims in Galveston
If someone else’s negligence has caused the death of your loved one, you may consider filing a claim to recover damages from their loss. When discussing lawsuits following a loss, we often consider wrongful death and survival action claims, and although they may overlap, they serve distinct purposes.
Both wrongful death and survival action come into play for situations that would qualify as a personal injury case had the victim survived the accident. This requires the family to show that the death was a direct result of someone else’s negligent behavior.
Survival Action
A survival action is a claim filed by the personal representative of the decedent’s estate for damages incurred before they passed. This may include medical bills or damages for pain and suffering, and the settlement is paid to the estate. This type of action may be appropriate if your loved one spent time receiving medical treatment before their passing.
One of the primary differences in this vs. a wrongful death claim is that the settlement is paid to the individual’s estate because it is compensation for their injuries while they lived. That money will be disbursed according to the will or inheritance laws, which may mean it goes to individuals other than.
Wrongful Death
A wrongful death claim is one made on behalf of the family for damages they suffer from the loss. These can include both financial and emotional damages.
While the settlement for a survival action is paid to the estate to be distributed accordingly, a wrongful death settlement is paid directly to eligible family members.
Eligibility in Wrongful Death Claims
Unlike a survival action, which only allows a claim from the estate representative, a wrongful death claim allows certain family members to recover compensation for the loss of a person. Texas Civil Code Section 71.004 only allows specific relatives to pursue and benefit from a wrongful death claim.
Eligibility to benefit
Those eligible to recover benefits for a wrongful death settlement are spouses, whether common law or traditional marriage, surviving children or their guardian on their behalf if they are minors, and surviving parents.
Anyone, or more than one of these parties, may make a claim; however, the spouse and children will often receive the majority of benefits. The disbursement of the payment may be affected by other dependent family members in certain circumstances. An attorney familiar with your case can best answer questions about your situation.
Time Limits to Eligibility
The Texas Civil Code states that if family members do not claim damages within three months of the decedent’s death, the estate executor may do so regardless of their relationship to the decedent. Further, Texas has a two–year statute of limitations on the claim, after which all parties become ineligible to take action.
Evidence to Establish Eligibility
Providing evidence that you are an eligible family member is not typically the problematic part of validating a wrongful death claim, but providing evidence that the death was wrongful may be more challenging.
A wrongful death attorney in Galveston may use evidence such as photos, medical records, citations, and witness statements to establish the negligence and liability of an offender.
The Circumstances of Wrongful Death
Wrongful death claims may result from cases in almost any personal injury field we handle at Lowe Law. While most personal injury cases do not cause fatalities, some of the areas we may see in wrongful death claims include:
- Car accidents
- Shootings
- Elevator accidents
- Workplace accidents
- Pedestrian accidents
- Motorcycle accidents
You may pursue the claim through an insurance provider in many of these situations. This may be a vehicle, property, or liability insurance policy.
It is not uncommon for insurance companies to initially offer a low settlement to cover the bare minimum of funeral costs. Still, an attorney may help you recover substantially more depending on the circumstances of the death.
Damages a Galveston Wrongful Death Attorney May Help You Claim
The purpose of a wrongful death claim is often to seek closure, accountability, and compensation. The damages you request for a wrongful death case may vary depending on whether the estate also claims survival action.
Still, depending on your circumstances, some of the damages you may be eligible to claim include:
- Funeral expenses
- Medical bills related to the death
- Loss of future earnings
- Loss of benefits
- Value of services given to the household
- Pain and suffering
- Loss of guidance and support
- Loss of consortium
Additionally, you may be eligible to collect punitive damages in some circumstances. Exemplary damages can be collected as a form of punishment for the offender. This may happen when the individual’s behavior is considered particularly egregious or malicious.
Contact a Wrongful Death Lawyer in Galveston Today
No amount of money can replace your loved one, and many people are unsure about deriving financial benefit from it. However, pursuing damages in a situation like this provides an option to hold the responsible parties accountable and secure a more stable future for yourself and your family while you try to navigate life and find your new normal.
At Lowe Law, we believe in advocating for our clients to help them achieve their goals, even if it means taking a case to court.
With our wrongful death lawyer in Galveston, you don’t have to worry about the cost of a personal injury lawyer, as we only charge if we win. Contact us today to schedule a complimentary case consultation.
