Claiming Compensation for Wrongful Death of a Loved One

- Charles Argento

You’ve likely read in the news about the horrific 6-vehicle accident in June which killed actor and comedian James McNair and critically injured fellow actor and good friend Tracy Morgan on the New Jersey Turnpike. Investigation had shown that a tractor-trailer of a US giant retailer failed to observe the slow-moving traffic and crashed into the bus limousine of the two actors.

Incidents such as these are timely reminders that families of victims of fatal truck accidents may be entitled to compensation for the wrongful death of their loved ones.

What is Wrongful Death?

Wrongful death is one that is caused by the negligence of a person, company or manufacturer of defective equipment or products. Vehicular accidents such as auto and truck accidents can result in wrongful death. Other causes include premises liability and motorcycle accidents.

Who May File a Claim?

In Texas, the spouse and children of the deceased can pursue a claim for damages arising from wrongful death on behalf of their deceased loved ones. Parents of the deceased may also claim compensation under wrongful death. When two or more beneficiaries bring a wrongful death claim, the award for damages may be distributed among them according to the extent of their losses.

Damages

Depending on the circumstances of the accident that has given rise to a wrongful death claim, you may be able to obtain compensation for the deceased’s:

Medical expenses:

  • Funeral and burial expenses
  • Lost earnings
  • Lost benefits

As plaintiff, you may also claim an amount corresponding to your pain and suffering and the mental anguish you experienced as a result of the wrongful death.

Calculating damages when claiming wrongful death can be a challenge, particularly when trying to determine the monetary value of your loss as a beneficiary of the deceased. If you have lost a loved one in a vehicular accident, your wrongful death attorney can help you assess your losses and sort other legal issues that are vital to your claim.

In Houston, Texas, the law office of Charles J. Argento & Associates has more than 25 years of experience in wrongful death and a wide range of personal injury cases. Charles Argento is a consistent recipient of the prestigious Martindale-Hubbell Peer Review Ratings AV Classification. To discuss your particular case, call today at (713) 225-5050 to schedule a free consultation.