Claims of a spouse for Wrongful Death
When somebody is killed through the negligence of another, only a limited number of people have right to seek compensation for the loss. Under Texas law, the spouse of a deceased person has the right to sue for damages when their spouse is the victim of wrongful death. This includes a spouse from a formal marriage and an informal marriage (also known as a common-law marriage).
The damages available to the spouse of a wrongful death victim include pecuniary losses, mental anguish, loss of companionship and society and loss of inheritance.
Pecuniary losses include loss of the wrongful death victim's earning capacity, advice, counsel services, care, maintenance, support and reasonable contributions of a pecuniary value.
Mental anguish includes the type of emotional pain, torment and suffering one would expect to see when a person's spouse has been killed.
Companionship and society damages include those for the positive benefits flowing from the love, comfort, companionship and society the spouse would have experienced had the victim not been killed.
Loss of inheritance quite simply means the amount of money the spouse would have inherited had their loved one not been the victim of a wronful death.
Finally, the spouse of a wrongful death victim might be entitled to putitive damages if the actions of the defendant rise to a willful act or omission or gross negligence.
If your spouse was the victim of a wrongful death, contact Michael P. Fleming, former Harris County Attorney today to discuss your options. Mr. Fleming is board certified as a specialist in Personal Injury Trial Law by the Texas Board of Legal Specialization.
In addition to being board certified as a specialist in Personal Injury Trial Law and well-known as the former Harris County Attorney, Michael P. Fleming has been recognized as a Texas Super Lawyer for many years. His Houston law firm is AV rated by Martindale - Hubbell (the highest rating) and has been featured in H-Texas Magazine's Top Attorneys in Houston issue which features the best Houston lawyers and law firms. He is also one of the small percentage of attorneys in the entire country to have had the privilege of arguing and winning a case before the Supreme Court of the United States. Mr. Fleming is also licensed as a Solicitor by the Law Society of Ireland and can assist with any personal injury or business matters in Ireland through his affiliated Solicitor firm in Dublin, Ireland.
If you have a serious personal injury, wrongful death or litigation matter in Houston, Austin or anywhere else in Texas, contact an attorney with the qualifications, experience and reputation you can trust. Michael P. Fleming is a personal injury lawyer with the qualifications and experience you deserve.
