Damages and Compensation Available Following a Fatal Truck Accident
We’re sorry for the loss of your loved one. All too often, we get calls from clients that have lost spouses, parents, or children through the negligence of another’s actions. When this involves a commercial vehicle, it’s a more complex situation than you might realize. Not only are the stakes higher, there are many kinds of compensation and damages available for your wrongful death claim.
In this article, we’ll look specifically at who can receive compensation from wrongful death claims, what kinds of compensation exist, and how to get started.
Who Can Receive These Awards
The state of Texas has the Wrongful Death Act. This specifically names certain statutory beneficiaries who have the legal standing to file a wrongful death claim. In our state, the standing is only available to:
Other family members are considered too far removed from the decedent to have the appropriate legal standing in the state of Texas. In short this means that unadopted stepchildren, siblings, long-term partners, and grandparents cannot file a claim.
What Kind of Compensation Exists
At Grossman Law Offices we understand that no amount of money can take the place of the person you’ve lost. However, that’s the means by which the court system has available to them to acknowledge your loss and seek to bring amount a measure of justice. This isn’t about making you richer, we understand that you likely just want justice and an understanding of what happened. But the damages you’ve experienced as a result of this truck accident are tangible and deserve fair compensation.
Here’s an idea of the losses that you can sue for in the state of Texas for a fatal truck accident:
- Loss of decedent’s earning capacity – The plaintiff’s diminished ability to earn a living
- Expenses associated with psychological treatment – The plaintiff can recover pecuniary damages for the reasonable and necessary expenses to treat the plaintiff’s emotional trauma
- Loss of services- The plaintiff can recover damages for loss of services. Appropriate evidence should be offered to prove the value of the services lost, but the jury is given wide discretion.
- Loss of parental services
- Loss of child services
- Loss of spousal services
- Loss of advice and counsel – Includes the pecuniary value of professional recommendations and personal guidance the decedent might have rendered to the plaintiff if the decedent has survived.
- Funeral Expenses – These are only recoverable under the Survival Statute unless the statutory beneficiaries paid for these expenses
- Mental anguish- A plaintiff can recover damages for past and future mental anguish
- Loss of companionship and society – Companionship and society are defined as the positive benefits flowing from the love, comfort, companionship, and society the plaintiff would, in reasonable probability, have experiences if the decedent had lived
- Loss of inheritance – Loss of inheritance is defined as the present value that the decedent would, in reasonable probability, has added to the estate and left at natural death to the statutory wrongful death beneficiaries but for the wrongful act causing the premature death.
- Punitive damages – Punitive damages are recoverable for wrongful death when the death is caused by the defendant’s willful act or omission or gross negligence.
If you’d like to read more about each of these compensation types, click here.
How do I get Started
We know that this is a lot of information, fortunately we know this area of the law almost better than anyone. If you have questions regarding a specific type of compensation or are curious if you are eligible to file a claim, we can help. We make ourselves available to our clients 24/7. So you can reach us at (855) 326-0000 any day at any time. We’d be happy to go to work for you and help you get the justice you deserve for your loved one. Call us today.
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