Wrongful Death

If you have experienced a wrongful death in your family, this is a very trying time for you. You need time to grieve, but the law does not provide you the time. It is very important that you contact Dunk Law Firm to preserve evidence from the scene and witnesses, open probate proceedings and preserve your claim.

There are two distinct laws that pertain to wrongful deaths: the Texas Wrongful Death Statute and the Texas Survival Statute.

The Texas Wrongful Death Statute provides recovery for the immediate family members of a person whose death was caused by the negligence of another. Immediate family members are compensated under this statute for their own, personal injuries caused by their loved one’s death. Typically, this includes the value of the services and companionship the deceased provided his or her family member. Usually, parents of minor children, spouses and children of deceased parents are eligible to sue under this statute.

The Texas Survival Statute is similar in that it is often used in conjunction with the Texas Wrongful Death statute, but the recovery is markedly different. The Survival Statute is meant to compensate the Estate of the deceased for injuries the decease could have brought had he or she survived. This recovery typically includes loss of future wages and the pain & suffering the deceased suffered during the accident that cost the deceased his or her life.