Filing a wrongful death claim for the death of a loved one

Some accidents are inevitable while others could have been prevented. In the legal world, when someone engages in a wrongful act, displayed negligence, was careless, unskilled, or unfit and they caused an accident that led to the death of another, they could very well be held liable for causing the accident.

Who is entitled to file a wrongful death lawsuit on behalf of the deceased?

Every state has their own requirements in terms of who can take legal action and collect damages after losing a loved one to an accident that caused their loved one’s death. In the state of Texas, Code § 71.004 states that the only individuals who are permitted to recover damages on behalf of the deceased include:

  • A surviving spouse
  • Children
  • Parents of the deceased


Understanding Which Types of Damages You are Entitled to Collect

You or someone in your family may be entitled to certain types of damages and our Odessa, Texas accident and injury attorneys can explain this to you.
Every personal injury case is going to differ based on how the accident transpired and why a person was killed. There are two categories of damages you might be entitled to file for and those are compensatory and punitive damages. Compensatory damages are an amount of money that is awarded based on the injuries as well as any loss you incurred as a result of the wrongful death. For instance, if you physically or mentally suffered from the loss, this would be included in the amount you are seeking for compensatory damages.
Punitive damages are awarded when the initiator of the accident who caused your loved one’s death is faced with consequences that serve as a punishment which usually include having to pay a large sum of money and/or forced to spend time in jail. If you are looking to punish the driver or other individual who is responsible for taking the life of your loved one, you are going to want your Odessa TX accident attorney to push for punitive damages to be awarded.
Because some accidents are caused by negligent individuals and others are brought on because of illegal acts that led up to the accident occurring, you could be entitled to both compensatory and punitive damages. Talk to your accident lawyer in Odessa to learn more about which types of damages you are entitled to receive.

Need help locating a lawyer who specializes in wrongful death claims?

Finding the right type of lawyer to handle a wrongful death case is crucial for you and your family.  You want to increase your chances of obtaining an outcome that is in your favor and our accident lawyer in Odessa, TX know exactly what needs to be done to achieve this.
Although receiving compensatory and even punitive damages won’t bring your loved one back, it will show that you aren’t allowing a reckless person’s actions to go unnoticed. We want to help you get in touch with legal aid and will do so free of charge.