Attorney Jim Parsons maintains a vigorous practice representing victims of serious accidents in Anderson County and East Texas, including cases where a wrongful death has occurred that was brought about by automobile and trucking accidents, oilfield injuries or defective products.
When a person’s death is attributable to the wrongful act or negligence of another, Texas state law allows the family of the deceased to bring an action for wrongful death. Call 903-723-0580 for your FREE initial consultation.
Get Representation for Wrongful Death
A wrongful death action is a lawsuit brought for the benefit of the surviving spouse, children and parents of the deceased. An action may be brought by any of these family members or by the representative of the estate if no family member has initiated an action within three months of death. Any damages awarded are divided among the surviving family members listed above.
The damages which may be awarded in a wrongful death suit are different from the damages sought in a typical personal injury situation. In the case of wrongful death, the family of the deceased is seeking to recover for their loss and for the damages they have suffered from the death of their loved one. These include funeral expenses, loss of future earnings, loss of companionship and the pain and suffering of the surviving family members.
Exemplary damages are allowed when the death was caused by a willful act or omission, or gross negligence, on the part of the defendant. Also known as punitive damages, exemplary damages are intended to punish the defendant for wrongful conduct, and to serve as an example to others of the consequences of negligent or reckless behavior. As such, the amount of exemplary damages which may be awarded is not tied to the actual damages, but usually depends upon the financial resources of the defendant and the egregiousness of the conduct.
Texas law also recognizes what is known as a survival action. A survival action is permissible when a person who was injured and could have brought a personal injury lawsuit, later dies before suit is filed. So long as it is within the applicable statute of limitations, the heirs of the estate may seek those damages—such as pain and suffering of the decedent, medical expenses, and lost wages, etc.—which would have been available to the injured person, had he or she survived.
Similarly, if the person who is liable for the injury has died, a plaintiff is allowed to bring a lawsuit against the estate of the negligent defendant. In other words, a personal injury lawsuit survives the deaths of both the plaintiff and the defendant.
A lawyer who understands the distinctions between personal injury, wrongful death, and survival actions can ensure your lawsuit is filed within the proper time frame, seek appropriate damages, and prepare a case that will help you obtain a full recovery for your loss. If you have lost a loved one due to the negligence or wrongful act of another, contact Jim Parsons
for aFREE initial consultation.
The Law Offices Of Jim Parsons have tried more than 300 jury trials and thousands of non-jury matters.
About Law Offices Of Jim Parsons
With over 50 years of experience, there are no other law firms in East Texas that have more experience than the Law Offices Of Jim Parsons.
Jim is past president of the State Bar of Texas. We received the best law firm people's choice award from the Palestine Herald Press 6 years in a row. Call 903-723-0580 for your FREE initial consultation.