Compassionate Wrongful Death Attorney Helping Texarkana Families Heal
There is absolutely nothing worse than the death of someone you love because of mistakes or negligence on the part of someone else. Whether that person is an irresponsible driver, negligent medical professional, or lazy property owner who ignored potentially dangerous conditions, he or she should be held responsible. We’re here to ensure that they are.
What Constitutes a Wrongful Death & Who Can File a Claim?
When someone is at fault for causing a death, it is not always considered “wrongful.” In order for it to be classified as such, there must be proof that the death was caused because the responsible party:
- Committed a wrongful act
- Was negligent in their actions
- Was careless and failed to observe safety precautions
- Lacked the proper skills for the action in which they engaged
The spouse, children, or parents of the deceased person are all permitted to file a wrongful death claim after the fact. Unfortunately, siblings may not file a claim for a departed brother or sister.
What Does Wrongful Death Compensation Look Like?
Though monetary compensation can’t undo the damage done, it can bring closure to surviving family members and help with necessary costs. Compensation may be awarded for the following reasons:
- Lost earning capacity: If the deceased was the sole or major income earner for a household, the family may be awarded an amount similar to what she or he would have earned.
- Lost care, maintenance, services, support, advice, and counsel the family counted on to maintain their lifestyle.
- Lost inheritance: If the deceased would have inherited assets, or even if it is clear they would have left an inheritance the family may be able to recover that amount.
- Pain and suffering the family experiences due to the loss of their loved one.
These damages are typically distributed among surviving immediate family members based on their need percentage. For example, if a widow and their in-laws file a claim together, the widow would likely receive a greater percentage of the compensation because of closer proximity to and dependence on the income and support of the deceased.
Let Us Help You Secure Justice
Though it may be difficult to see through your grief during this trying time, pursuing compensation for a wrongful death ensures justice will be served. It will also set you and your family up for financial security as you work to build a new normal. Experienced and effective attorney David C. Graham will do all of the legal heavy lifting while you and your loved ones focus on healing together. We’re here for you.