Odessa Wrongful Death Lawyers
Many loving families call Odessa, Texas home. On any given day, you can be sure to see parents cheering on their kids at Permian High School and Odessa High School at sports events or band concerts, taking their kids to McKinney Park for a picnic and afternoon of fun, and shopping together at Music City Mall. It is one of life’s cruelest tragedies that every family must experience the loss of a beloved family member at one point. This sad eventuality is even more tragic when the death is avoidable and the fault lies with someone other than the deceased.
One person’s poor choice or carelessness can ruin many lives. Imagine driving down 42nd Street when suddenly a work van runs a red light and hits your car. As hard as it is to think about, this could end up in the death of any of the passengers of your car or in your own death. This terrifying thought is a reality for many Odessa, Texas families. If you were to perish in an accident that was not your fault, who can bring a wrongful death claim to be compensated for your death? It can be one or more of the following:
● Your spouse
● Your children
● Your parents
No amount of money can replace my loved one. Why even bring a wrongful death suit?
A wrongful death suit is a small but important step in making your life without your loved one more manageable. The court can award you damages to:
● Replace the deceased’s income and earning capacity
● Pay for funeral and burial costs
● Compensate you for the lost companionship of your loved one
● Pay for the mental anguish caused by the needless, tragic death of a loved one
Most money awarded in wrongful death suits are meant to compensate those left behind. Sometimes the judge or jury believes that, in addition to money awarded for compensation, the one who caused the wrongful death needs to be punished. As punishment, the judge or jury requires the wrongdoer to pay “punitive damages.” This is more money awarded to you not as compensation but to punish the wrongdoer.
What do I have to prove?
To prove a wrongful death claim, the person bringing the claim must prove all four of the following elements:
● A death was caused in part or in whole by the actions of another;
● The person who caused the other’s death was negligent and that the negligence proximately caused the other’s death;
● There is a surviving child, spouse or parent of the deceased; and
● The deceased’s death resulted in monetary damages.
What do I do now that my loved one is gone?
Those four elements listed above may seem confusing. It might all seem so meaningless in the wake of your loved one’s death. There are many, many hurdles associated with dealing with a death. Your Odessa, Texas wrongful death lawyer’s job is to help you overcome some of these hurdles and to lift some of your burdens. Call your Loncar Associates Odessa wrongful death attorney today for a free consultation.