There is nothing easy about losing a loved one in an accident. Your life is turned completed upside down and you have to do everything you can just to survive the difficult, painful days and months after the tragedy.
Eventually, a legal analysis needs to take place to see if the accident could have been prevented thus making the death wrongful. I recently read a news article about a woman from Texas City, Texas who tragically lost her seven-year autistic son Xavion Young after he drowned in a retention pond at that apartment complex. The grieving mother had previously warned the owners of her apartment complex that the retention pond was an attractive nuisance to children like her seven-year-old and that they needed to take appropriate safety precautions, like installing a keyed lock on the gate, to ensure this didn’t happen to other children. A wrongful death suit was filed to force the apartment complex owners to do what was right and to pay for this poor mother’s losses. (https://www.khou.com/article/news/local/mom-of-texas-city-boy-who-drowned-files-wrongful-death-lawsuit-against-apartment-complex/285-0fe57eb4-aeb2-415b-9df7-ac8b1c6af5e6)
This is a scenario that we have seen over and over with our clients over the many years that we have been representing families in our communities. In a wrongful death claim, you can recover the following damages:
- The reasonable charges necessarily incurred for doctors, hospitals, nurses and other medical services.
- The burial and funeral services.
- The physical and emotional pain suffered by the deceased from the time of injury until his/her death.
- The monetary loss to the decedent’s estate caused by his/her premature death.
- Compensation to the spouse, children, step-children, step-parents and parents for the loss of the society, companionship and services of the decedent.
- Any punitive damages the decedent would have been entitled to recover from the at-fault party had he/she lived.
There are important time limits that apply to wrongful death cases so as soon as you are able to discuss the details of the case please reach out to us. We will do all that we can to make sure that you are taken care of with respect and compassion.
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