Personal Injury/Wrongful Death
In cases involving catastrophic injury or death, it is of vital importance that evidence be documented and secured immediately. An attorney that can get to the scene of the occurrence and access the evidence associated with that occurrence with the appropriate scientific experts has a much better chance at establishing the necessary liability to hold the culpable party or parties responsible. This evidence increasingly includes cell phone and IP evidence, as well as Electronic Control Module data, as well as capturing the scene and involved vehicles with LIDAR laser measurement systems for future accident reconstruction.
In the state of Texas, a person who has sustained personal (bodily) injury as a result of someone’s negligence may be entitled to recover monetary damages caused as a result of that negligence. The elements of those damages may include, past and future medical expenses, past and future loss of wage earning capacity, pain and suffering and mental anguish in the past and future, physical impairment, and disfigurement. The spouse of an injured person may be entitled to recover monetary damages for loss of companionship and consortium.
In cases where the injury results in death, the wrongful death claim can be brought by the spouse, parent and children of the deceased. The monetary damages in a wrongful death claim include damages for mental anguish, grief and bereavement, loss of financial support, and loss of companionship, as well as funeral expenses. The estate of the deceased can bring what is referred to as a Survival Claim. The Survival Claim includes claims for monetary damages the deceased could have brought had he/she survived the injury. These damages include pain and suffering and medical expenses incurred before the death.