An Injured Victim’s Family Members Have Rights Under Texas Law
If your loved one was injured or killed because of someone else’s carelessness or wrong act, you may have the right to compensation for your own harm. This can include a loss of the family member’s support and companionship.
No amount of money can replace your loved ones or their affection and support. But you may be facing financial difficulties, medical or funeral bills. You are probably dealing with a lot of emotional challenges, and facing an uncertain future. Under Texas law, you may have rights to money to help with everything you have lost.
Speak to an experienced Austin personal injury attorney at Justinian & Associates. We offer a free consultation with a seasoned lawyer (not a “screener” or paralegal).
Our attorney will patiently listen to your story, and explain your options under the law. You do not need to hire us, but if you do, unless we get you money for the harm you suffered, you pay nothing.
Harm That You May Be Compensated For If Your Family Member Was Injured In Texas
Losses That Family Members Can Recover For an Austin Personal Injury
Under Texas law, There are a number of harms that people can be compensated for if their family member is injured. These include:
Loss Of Consortium
Loss of consortium means you can no longer receive the benefits of a relationship with your family member because of the family member’s injury or death. Several different family members can recover for loss of consortium in Texas:
Loss of Marital Relationship
Losing a spouse to a devastating injury or wrongful death can be one of the most difficult experiences a person will face in life. Grief is often overwhelming. That is why Texas law allows compensation.
Texas personal injury law permits monetary recovery by a spouse for:
- Loss of Affection
- Loss of Companionship
- Loss of Emotional Support
- Loss of Marital Sex
Loss of Parent Relationship
Losing one’s parent prematurely is catastrophic. Many people who have lost a parental relationship because of an injury or wrongful death find it hard to recover.
However, when facing the unknown and financial hardships ahead, Texas law permits some compensation for the child’s emotional and monetary loss when the parent suffers a “serious, permanent and disabling” injury. Recovery for the child of an injured or killed parent can include:
- Loss of Parent’s Love
- Loss of Protection
- Loss of Companionship
- Loss of Affection
- Loss of Care
NOTE: Step-children and an injured victim’s siblings cannot recover for loss of consortium.
Loss of Child Relationship
Under Texas law, a parent cannot receive compensation for an injured child. However, a parent can sometimes recover for the wrongful death of a child.
Loss of Support
Family members can sometimes recover for financial support that the injured family member would have contributed if the accident had not occurred.
Loss of Services
Losing a family member to wrongful death or a devastating injury can often deprive the family of important services the family member provided, like household chores, repairs and errands.
It can also include support for the victim’s children or elderly parents.
Texas personal injury law permits family members to recover for these unpaid services.
When someone dies in Austin because of another’s neglect, carelessness or wrongful act, the Texas Civil Code allows the deceased person’s family to bring a wrongful death lawsuit against the person or entity that caused the death.
- Texas’ wrongful death law makes employers generally responsible for the negligent or intentional actions thier employees commit while on the job. This might include bus drivers and train operators.
- Similarly, the owner or manager of dangerous machinery is also generally liable for injuries and fatalities caused by the machine’s operator or unsafe condition.
- Manufacturers of defective products and dangerous prescription drugs that contribute to a family member’s death can also be held legally liable under wrongful death law in Texas.
A Deceased Person’s Spouse, Children and Parents Have Rights of Recovery For Wrongful Death
The state of Texas permits a deceased person’s spouse, children or parents to seek relief in a wrongful death case. Adult children can sue for the wrongful death of their parents, however siblings cannot be compensated for a wrongful death in Texas.
Legally Adopted Children Can Recover For Their Adoptive Parent’s Wrongful Death
A legally adopted child can recover for an adopted parent’s wrongful death. And adoptive parents can recover for the careless loss of their adopted child. (An adopted child cannot recover for the loss of a biological parent.)
A Deceased Person’s Executor Can Seek Recovery for a Wrongful Death
Texas state law also provides that if the family of a wrongful death victim chooses not to file a lawsuit within three months of the victim’s death, the executor or other representative of the deceased person’s estate can also sue to recover money damages that are added to the estate.
In this way, the victim’s heirs (children, spouse, family) may be able to recover money for their loss.
Speak To An Austin Personal Injury Attorney About Your Family’s Injuries And Loss
Severe injury and wrongful death cases can be stressful and difficult to navigate.
This is particularly true when you are coping with the wrongful death of a loved one.
An experienced Austin personal injury attorney from Justinian & Associates can help guide you through the process. We will offer professional support through all the details, while ensuring you receive fair compensation during an immensely challenging time. When you do decide to hire Justinian & Associates to pursue your wrongful death case in Austin, San Antonio or nationwide, our roster of seasoned attorneys and staff of experts will fight for your rights. We will support your interests from pre-trial settlement all the way through the court trial. Our representation is tailored to the specifics of your case and your individual needs.
Wrongful Death and Personal Injury Lawsuits Provide Punishment and Prevention
Many personal injury and wrongful death accidents were the result of careless, reckless and even malicious or illegal behavior.
This can include dangerous pharmaceuticals, products that were unsafe in design or manufacture, and hazardous conditions resulting from a company’s attempt to cut costs.
Pursuing a personal injury or wrongful death case can help punish perpetrators and provide powerful future deterrence, so that no one else is harmed by their wrongful behavior in the future.
Our dedicated staff of highly-trained Austin personal injury attorneys offers a free consultation to hear the specifics of your case and let you know your options. Because we work on a contingency-fee basis, we don’t get paid unless you win. If we don’t win your case, you won’t owe a dime.
Nothing can ever replace the tragic loss of your loved one. But while you and your family focus on grieving and healing, we will fight with every resource we have to protect your rights, This includes honoring your loved one while helping prevent anyone else from becoming a victim.