No one can truly set a price on human life, but that is what Texas juries attempt to do in a wrongful death action.
A “wrongful death” is a death due to someone else’s carelessness or negligence. The Texas legislature created the civil “wrongful death statute,” which established the procedures for bringing wrongful death actions and who can bring such actions.
Wrongful death actions can be very complicated because the wrongful acts of several parties may have contributed to an individual’s death. Pre-trial out of court settlements are common in wrongful death cases, because most defendants want to avoid the publicity of having caused a death. Although it is a quick resolution, aggrieved parties often don’t have sufficient time to assess their total losses.
Wrongful death and personal injury cases are also complicated by wealthy insurance companies. In the event of a wrongful death, insurance companies push to settle immediately, before families of the victim can fully assess the ramifications of their loss. When a settlement is not immediately reached, these same companies recognize the importance of finding aggressive representation to undermine each aspect of the plaintiff’s claim.
Because the primary measure of damages in a wrongful death action is financial loss, the death of a child brings up particular difficulties. Attorneys experienced in handling wrongful death cases can help explain the law and be your best ally at this time of loss.
Through experience handling hundreds of personal injury cases over the years, Kustoff & Phipps, LLP has become familiar with these tactics in order to protect the rights, health, and safety of our clients. Our firm represents individuals and families involved in personal injury and wrongful death cases that were caused by the negligence, carelessness, and/or recklessness of others.
Our team has successfully represented individuals and families with injuries and deaths caused by:
In Texas wrongful death lawsuits and claims can be brought exclusively by the spouse, parents or children of the deceased. In some instances, these claims are filed in order to obtain monetary damages to cover the earnings the deceased person would have provided. Other damages that may be recovered include:
With the help of Kustoff & Phipps, LLP families can recover both emotionally and financially. The lawyers at our firm have extensive experience championing the rights of victims and bring a team approach to every case they take. Our skilled and dedicated attorneys have the deep understanding of the legal field and local laws that can help clients win their case.