Wrongful Death

If a loved one has died because of an accident, or as the result of someone else's negligence, or a defective product, you may be entitled to recover for your loss under a wrongful death claim.  You may be entitled to recovery for the following damages and expenses in a wrongful death claim:

  • Medical and funeral expenses associated with the death
  • Pain and suffering the deceased suffered before death
  • Loss of wages and benefits that the deceased provided his or her family
  • Loss of love, companionship, support, or care suffered by the decedent’s survivors
  • Punitive damages, in some cases, which are intended to punish the wrongdoers and hopefully prevent them from causing the same harm to someone else

The Texas Wrongful Death Act requires that, in order to sue for wrongful death, the deceased would have been able to sue in a personal injury action had he or she survived.  Additionally, the statute of limitations in which you must sue is two years from the person’s death, so you should contact an attorney as soon as possible.  The spouse, children, and parents of a deceased are all eligible to file a wrongful death claim.   

Wrongful death cases are especially difficult because they often involve determined adversaries from large insurance companies.  It is especially important that your attorney understands how these insurance companies evaluate claims, and that your attorney is not afraid to challenge an insurance company in settlement negotiations and, if necessary, at trial.   

Wrongful death cases are often complex and time-consuming. It is important to have a lawyer who has both the experience and dedication to aggressively try your case, but at the same time provide the personal care and attention you deserve during such a difficult time.  The Todd Smith Law Firm has extensive experience with wrongful death cases; we have successfully recovered millions of dollars for clients in various types of wrongful death cases.  At the same time, we understand the impact that the sudden death of a loved one can have on the surviving family members, and we are dedicated to providing personalized and approachable service so you feel comfortable with us representing you and your family. 

If you have lost a loved one due to the negligent or wrongful acts of another, contact The Todd Smith Law Firm today so that we can begin investigating your case and begin the process to get you the recovery you deserve. 

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