The wrongful death of a family member is one of life’s greatest tragedies. Coming to grip with a sudden loss of a family member may be one of life’s greatest adversities. No amount of money can make up for these kinds of losses. None-the-less, the wrongdoer should be held accountable for the damages they cause. The personal injury attorneys at Tate Rehmet Law Office are experienced at representing surviving family members in wrongful death claims and holding the wrongdoer accountable.
The injury attorneys at Tate Rehmet Law Office have asserted wrongful death and survivor claims for surviving family members of auto wrecks, work accidents, drunk driver accidents, tractor trailer accidents, motorcycle accidents, and defective products. Almost all wrongful death cases require suing the person or company who caused the death. Tate Rehmet Law Office has successfully sued major corporations for wrongful death in both federal and state courts.
Wrongful Death and Survivor Claims
The wrongful death cause of action gives rise to two separate claims. The first claim is called the wrongful death claim, and it belongs to the surviving children, parents, and spouse of the decedent. Those family members have the right to sue the wrongdoer for the loss of love and companionship of the decedent. These types of damages are large when parents must bury their children, children are deprived of the love and guidance of a parent, or a spouse loses the love and companionship of a husband or wife.
The second claim is a survivor claim which belongs to the estate of the deceased. This claim is for all the damages which the deceased would have been entitled to recover if they had survived, and they include all medical bills, funeral expenses, pain and suffering, loss of earnings, and mental anguish, among others. Money for these damages flows through the estate and to people named in a will, or, if there is no will to surviving family members according to law.
Most people do not have a will at the time of their death. For those clients, a probate is filed, and Tate Rehmet Law Office will see that an estate is opened and an administrator is appointed by the court. One of the surviving family members typically serves as the administrator. The administrator has the authority to pursue the survivorship claim. Money recovered for the survivorship claim is then dispersed to surviving family members as dictated by law.
If the deceased has a will at the time of their death, then the will needs to be probated. That means it is filed with the court, and the judge approves the administrator who is usually named in the will. The administrator has the legal prerogative to sue the wrongdoer on behalf of the estate of the deceased. Any money recovered from the survivor claim is then given to the beneficiaries named in the will.
Wrongful death and survivor claims give rise to large damages. The insurance companies or corporations who must pay for those damages usually do not willingly accept responsibility without being sued. Frequently, “smoke and mirror” defenses are used in an attempt to deflect responsibility. Sometimes the responsible wrongdoer will even blame the innocent deceased in an attempt to escape responsibility. Evidence is often hidden or destroyed. The attorneys at Tate Rehmet Law Office will take steps to collect and preserve evidence.
If you have lost a family member, then call the personal injury attorneys at Tate Rehmet Law Office for a free consultation at (903) 892-4440. The initial consultation and investigation are always free of charge. Our office is conveniently located at 2902 N. US Highway 75, in Sherman, Texas. Please stop by at any time.