As a sub-part of Personal Injury litigation is what is recognized as Wrongful Death and Survivorship claims. The prosecution of these claims call for a unique understanding of the statutes and tort laws that apply. The Law Office of David M. Kennedy has a long history of success in representing clients with these rights. Please visit our Litigation History page to judge for yourself.

Financial Compensation

Under the common law, a person’s personal injury claim extinguished when they died. Under the Survival Statute in Texas, an heir or estate representative may either continue that deceased person’s claim or pursue a new one on behalf of the one who has died. In other words, the personal injury claim survives the person’s death. To pursue those claims it may be necessary to probate an estate to establish legal representation rights, in addition to the filing of the survivorship personal injury case. Recoverable damages are typically that pain and anguish experienced by the decedent as a result of the injuries suffered prior to death, as well as those expenses incurred for treatment of those injuries, e.g. medical and healthcare related. The jury is asked to compensate the estate as if the decedent were still alive.

Ordinary Damages

In addition to the survivorship claims, the jury may be asked to consider damages for the wrongful death of the injured person. In other words, not only would the jury hear evidence of the person’s injuries and how he/she suffered prior to death, but how that death was caused by the defendant’s neglect or intentional act and how it has now injured the person’s surviving family who now seek recovery for their unique and individual damages. It may also be that in those cases where there is no evidence of the decedent’s last pain and anguish – such as when the victim is rendered unconscious or death is instantaneous – then a surviving spouse, child, and/or parent can pursue a wrongful death claim only and the jury will not consider the survivorship claims. In these cases, the family can possibly recover for their mental anguish, loss of what the decedent would have contributed financially, consortium, counsel and advice. The focus is on the damages suffered by the family, not the decedent. Funeral expenses are also a possibility for recovery.

Learn More

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