Types of damages you could obtain from a Galveston, TX Survival Claim

Filing a successful survival claim after the death of your loved one in a tragic Galveston, TX DWI accident could help to make you financially whole again after your family has lost an income earner and financial pillar of the family.

The legal representative of the decedent’s estate may file the survival claim for damages against the negligent defendant that wrongfully killed your loved one. Or the eligible surviving family members could jointly file the claim.

A survival claim action seeks the “personal injury” damages to which the victim would have been entitled had he or she survived the fatal accident.

A survival action might claim the following.

Property damages (for instance, the value of a decedent’s car wrecked in the accident).

The value of the pain and suffering of the decedent from the accident prior to death.

The emotional and mental anguish of the decedent from the accident prior to death.

Medical expenses from the accident.

Funeral expenses.

Wages and future earnings lost because of the fatal accident.

Punitive damages. These might be available to “punish” the defendant for particularly egregious negligence such as intoxication manslaughter.
Why it’s important to act fast and consult with a Galveston personal injury attorney as soon as possible following the fatal accident.

• You only have a short period of time in which to file your survival claim. That statutory period would generally be the same amount of time as the victim would have had to file a personal injury claim had he or she survived the accident.
• In any civil claim, the burden of proof falls on you, the plaintiff, to prove every essential element of your claim. To prove your case, you need evidence that will convince a jury.
• Evidence is fleeting. It begins to disappear almost immediately following the accident. You need a specialized Galveston personal injury attorney to find and secure that evidence before it’s gone.
• Survival claim cases present complex procedural and evidentiary issues.

Accurately calculating damages values that will be acceptable to a court and jury requires extensive experience and specialized legal knowledge.
So don’t hesitate as you wonder whether you should file a claim. You could lose valuable rights to make your claim and recover compensation. Call us today for a free legal consultation about your compensation recovery options, and let us protect your rights to just financial compensation for your tragic losses.

We’re experienced Galveston personal injury attorneys, and we’ve dedicated our professional lives to injured victims and the families of fatally injured victims who need help after serious accidents. We know how to secure the evidence you need to prove your claim, and how to build a winning case for you.