This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
What Recovery Damages Are Due You (The Plaintiff), in A Typical Wrongful Death Lawsuit?
Of course, there is no financial compensation that can make up for the loss of a loved one who was suddenly taken in a senseless automobile accident. Of course, you will continue to have your memories and no one can take those from you, but there is a legal avenue or process to pursue what has been unjustly taken from you that is just as important as your memories. The financial burden placed on surviving family members is recoverable through the court system. Whether it is the loss of the decease’s regular paycheck, your personal outlay of the cost of the hospital bill, the cost of the ambulance or med-flight from the crash scene to a nearby hospital, or the cost of funeral expenses, yours is a legitimate and legal claim for recovery. Our Law Office along with our skillful team of investigators will leave no stone unturned in bringing the responsible party or parties to accountability. You have only to make the toll-free call for a no-cost initial legal consultation that will help you make an informed decision.
In an effort to make certain you understand, the attorneys at our Law Office will take the time to explain the differences in recovery claims involved in a Comprehensive Wrongful Death Lawsuit. As basically as they can, they will advise you that there are (1) survival damages and there are (2) wrongful death damages. Wrongful Death Damages may include:
Out of pocket medical bills paid by a survivor or surviving family members prior to their loved ones died as it related to the accident
Interment Expenses to include opening and closing of the grave and grave marker
The sudden termination of financial support was interrupted due to the fatality of the loved ones
The sudden termination of intimate relations or the loving companionship as well as the ongoing emotional trauma due to the fatality of the loved ones
Survival Damages can be explained quite simply as the plaintiff speaking for their deceased love one. If the deceased had lived, he or she would have been able to personally sue for recovery damages. Wrongful Death Damages and Survival Damages are usually initiated by the same family member survivor; however, siblings are within their legal rights to sue for survival damages also. Survival Damages include:
Medical expenses as related to the automobile accident
Lost wages during hospitalization directly related to the automobile accident
Loss of earning capacity calculated due to age (at time of death) relative to age (at time of normal retirement)
Physical, mental, and emotional pain, suffering, and trauma directly related to the automobile accident
Even though the same family member or individual may legally seek the two different damage claims, each damage claim must stand on its own merit–meaning separate claims must be filed. This legal process is not for the inexperienced litigator and definitely not for the novice who fancies him or herself as a Perry Mason. No, only the most experienced of attorneys will do for a case that is so technical and filled with so many complexities. Seriously consider retaining our fatal car accident attorneys with twenty (20) years of successful courtroom experience. Our Law Office has expertise in this specific area of law and our courtroom wins will attest to it. We are also top-notch out-of-court negotiators and our reputation is legendary. We are experts at making certain you and your surviving family members receive fair and equitable compensation.
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