How Are Proceeds Divided in Texas Wrongful Death Cases?

How Is Compensation Divided Among Family Members After a Texas Wrongful Death Case Is Resolved? A question we often encounter in wrongful death cases is, "Who decides how a settlement or jury verdict is dividedg amongst the claimants?" After all, most wrongful death cases involve a single deceased person who leaves behind several surviving family...

Who Can File a Claim Under the Texas Survival Statute?

The purpose of the Texas Survival Statute is to provide compensation for the victim's estate, since the victim is no longer able to fight for herself. The new laws are a vast improvement from the laws Texas had in the past, when the victim could not make any injury claims if they died because of...

What Are the Basics of Survival Claim Compensation for Funeral Expenses?

Survival Claim Compensation and Funeral Expenses Because a survival claim is the personal injury claim that survives someone after their death, it may at first seem counter-intuitive to expect that a survival claim would cover funeral expenses, and that it would be more intuitive for a wrongful death claim to cover those costs. However, when...

How Does Compensation Work in a Texas Survival Claim?

Survival Claim Compensation When a loved one dies after an injury, either because of the injury or from another cause, their personal injury claim does not disappear. As this type of claim suggests, it "survives" the person after their death in order to benefit their estate. Because a person's estate is still responsible for paying...

How Can You Recover Compensation for Medical Bills in Survival Claims in a Texas Wrongful Death Case?

Survival Claim Compensation: Medical Expenses If you've read any of our other articles about survival claim compensation, you'll remember that a survival claim is filed on behalf of your loved one who lost their life because of the defendant's negligent act. When someone dies because of injuries that they suffered, their estate is left with...

How Is Mental Anguish Calculated in a Survival Claim Lawsuit in Texas?

Personal injury claims that follow a person after their death are called "survival claims." Because a person's estate is still responsible for the bills associated with their injuries before death, this is one of the reasons that offenders are still responsible for their negligence after the decedent's (deceased person's) death. One type of compensation that...

How Is the Loss of Inheritance Calculated in a Texas Wrongful Death Case?

How to Recover Loss of Inheritance We're sorry that you've lost a loved one. We understand that there are many aspects to a wrongful death claim that can be complex, but we know this area of the law well. All the various types of compensation available can be overwhelming. In this article, we'll look at...

How Is the Loss of Companionship and Society Calculated in a Texas Wrongful Death Case?

Recovering Loss of Companionship and Society with a Wrongful Death Claim We often get calls with questions about how wrongful death claims work and how to make sure family members receive the most fair amount of compensation for their losses. We're sorry that you've lost a loved one through someone else's negligence. We understand that...

How Is Mental Anguish Calculated in a Texas Wrongful Death Case?

How to Recover Damages for Mental Anguish in a Wrongful Death Claim Anytime someone losses a loved one through negligence, we get some of the same questions. We're sorry for your loss, and we hope this article will help to answer and clarify some of the options available to you as you pursue a wrongful...

How Is the Loss of Earning Capacity Calculated in a Texas Wrongful Death Case?

How the Law Defines: Loss of Earning Capacity During this difficult time, we understand that you have many questions about how wrongful death claims work and the kinds of compensation available to you. This is a complex subject, and loss of earning capacity is one of the more confusing areas. In a personal injury claim,...

What Is an Estate and How Does it Apply in a Texas Wrongful Death Case?

What Is An Estate? After someone passes away, whether from a wrongful death or natural causes, their estate still needs to be managed. This article focuses specifically on what happens with an estate in survival claim situations, when a loved one has died after suffering from a personal injury. As mentioned in some of our...