Wrongful Death

Wrongful Death in Truck Accidents

Houston Attorneys Helping People Nationwide

Losing a loved one can be one of the most tragic events a person will ever experience. Losing a loved one in a trucking accident can add confusion and frustration to the grief. How do you get the compensation you and your family deserve?

The attorneys of The O'Quinn Law Firm are among the nation's leaders in personal injury law. They can meet with you, free of charge, discuss your situation, and answer any questions you have. Contact us to set up an appointment.

More on Wrongful Death Law

"Wrongful death" is the legal term for any death caused by another person's negligence. In the case of truck accidents, liability is usually attributed to trucking companies or manufacturers of faulty truck equipment.

Who Can Sue?

Each state has different laws governing wrongful death litigation. In Texas, a wrongful death claim can be made by the surviving spouse, children and parents.

In Texas, a separate claim can be made on behalf of the estate by the estate administrator for the deceased's pain, suffering, and mental anguish before his or her death. In other states, a claim can only be made by the representative of the deceased person's estate.

In Texas, only one lawsuit can be filed for each incident. Several different people affected by a wrongful death cannot file separate lawsuits. See Chapter 71 of the Texas Civil Practice and Remedies Code for more information.

What Kind of Damages Can Be Won?

In a wrongful death lawsuit, you can win what are called "actual damages" for any of the following and more:

• Lost wages for the length of the deceased person's expected lifespan
• Medical bills
• Loss of companionship
• Mental anguish suffered by the family as the result of the death
• Loss of consortium

The above damages are awarded to the surviving family. In a suit brought by the estate of the deceased person, the estate of the deceased person can get further damages, such as compensation for the pain and suffering felt by the person before he or she died. Funeral and burial expenses also go to the estate.

The surviving spouse, children, or the estate of the deceased person can recover punitive damages when the guilty party exhibits gross negligence, or a blatant disregard for human life. Punitive damages are meant to punish the guilty party.

How Long Do I Have to File My Lawsuit?

You must file your truck accident wrongful death suit within a certain period or else you may lose your right to pursue your claim. In wrongful death suits, the suit must be filed within two years from the date of your loved ones death. Simply contacting the company about the accident is not enough to toll the statute of limitations in these cases. It important that you contact us for a free no-obligation consultation as soon as possible to ensure that you retain your right to file suit.

Contact Us

At such a difficult time as the death of a loved one, you need the protection of a strong, experienced lawyer. Contact us for a free initial consultation with one of our lawyers. We have a 24-hour answering service and have evening and weekend appointments available.

We have a 24-hour, 7-day-a-week answering service.

Se habla español