Wrongful Death and Survivor Claims

The loss of a family member is emotionally and financially devastating.  At Bemis, Roach and Reed it is our job to understand this loss and make sure that the party responsible for the loss understands not only the extent of the loss, but our determination to obtain justice for not only the deceased, but the deceased’s family as well.  Handling such claims requires expertise for a variety of reasons.  In many cases the primary witness to the event may be the deceased party.  This creates significant issues in building evidence to support liability.  There are also complex damage issues, especially in the case where the deceased was either the main financial provider to the family or was the main care giver to the family’s children. 

The law in such cases can also be complex. In the past, when a victim died, his claim died with him. The State of Texas recognized the inequity of this state of affairs and enacted the Wrongful Death and Survivor statute to provide a remedy in the case of a death caused by a wrongful act or negligence.   The State of Texas created two separate and distinct causes of action which apply when an individual dies as a result of the negligence of others.  Both causes of action are the creation of the State and, as a result, the State has the power to limit these causes of action.  The first cause of action is called the Survival cause of action.  It is the cause of action for the damages suffered by the deceased.  The action is usually brought by the estate of the victim.  The damages which can be recovered are those damages which the victim could have brought if he had survived the incident.  The second recognized cause of action is called a Wrongful Death claim and it is available only to a surviving spouse, surviving children of the deceased and the deceased’s parents.  The Wrongful Death Statute allows for a recovery for the pain, anguish and economic losses suffered by these family members as a result of the death. When the death is caused by the willful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.

We understand the law and the damages that result from such a loss and are willing to work together with the surviving family and estate to not only bring closure to such tragedies, but to recover, as best as is ever possible in such situations, those damages resulting from such a loss.