It is devastating to lose a family member in a truck accident, especially when it was caused by the negligence of the truck driver and trucking company. It can cause you to suffer both emotionally and financially. Fortunately, the trucking company and trucker may be responsible for compensating you for your losses. While this will not take away your grief at the loss of your loved one, it can help you obtain justice and return to the financial stability you enjoyed before your loved one’s death.
Compensation Awarded in Wrongful Death Actions
There are two types of claims you may bring following the loss of a loved one. The first is a wrongful death action to recover the losses you personally suffered due to your family member’s death. The other is a survival action which is a claim for the financial losses that your loved one incurred from the time of the truck accident until his death.
In Texas, you are permitted to file a wrongful death action if you are the victim’s spouse, child, or parent. Compensation you may receive includes:
Lost Earning Capacity
If your loved one was employed and provided financial support to you at the time of his death, you might be entitled to compensation for the future lost wages and other benefits of his employment.
Loss of Support
You are entitled to be compensated for the loss of support, love, care, advice, and guidance that your loved one provided to you in your daily life.
Pain and Suffering
You also can receive compensation for the pain and suffering you are experiencing due to your family member’s death. If you need mental health counseling to help you cope with your grief, you can be reimbursed for this as well.
Loss of Services
If your loved one provided household or other services to you, this can be included in your settlement.
You can be compensated for the inheritance you would have received if your family member lived. You should be entitled to the amount he would have reasonably been expected to earn if he had lived.
If the trucker’s or trucking company’s actions were willful or grossly negligent, you might be entitled to punitive damages to punish them.
Damages You May Receive in a Survival Action
A survival action is generally brought by the personal representative of a deceased person’s estate for the benefit of his heirs. Depending on the circumstances in your case, you may be the one pursuing this claim as the estate executor and receive this compensation as one of your loved one’s heir. Damages awarded in survival actions can include:
- Medical expenses incurred by your loved one from the time of the truck accident until his death
- The wages your loved one lost between the truck accident and his death
- Funeral and burial expenses
- Pain and suffering your loved one experienced due to the truck accident
- Punitive damages
Have You Been Injured In A Texas Truck Accident?
If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.