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Texas Wrongful Death Attorneys Discuss Recovering Your Spouse’s Lost Wages

      When your spouse is killed due to the negligent actions of an individual or other entity, you have the right to file a wrongful death lawsuit against the at-fault party or parties who caused your spouse’s premature death. 

      By filing this lawsuit, you may be able to obtain compensation for the loss of your loved one that might include the loss of your spouse’s wages.  Other damages may include:

  • loss of companionship
  • funeral and burial expenses
  • lost savings
  • loss of consortium

Eligible Party

      In order to file a wrongful death claim, you must first be considered an eligible party.  In Texas, the spouse, children, or parents of the accident victim are able to bring a wrongful death suit against nearly any at-fault party. 

      These parties can bring the lawsuit individually or as a group.  Additionally, if the spouse, children, or parents of the victim do not bring the action within three months of the victim’s death, the executor or personal representative of the lawsuit will then have the right to bring the action on behalf of the estate. 

      There are generally two avenues that a spouse can pursue to obtain compensation for their deceased spouse’s lost wages. The first is through a survival action and the second a wrongful death action

Survival Actions

      Texas law allows an estate, heirs, or legal representative to bring a survival action.  Spouses are often one of these allowable parties.  This action allows the spouse or other eligible individual to essentially stand in the shoes of the victim and recover damages that the victim would have been eligible to receive had he or she survived the fatal accident. 

      Possible damages include:

  • Medical bills
  • Property damage
  • Funeral expenses
  • Lost wages

      Your attorney can assist you in pursing lost wages on the behalf of your spouse and the sooner you act, the stronger your case will be.

Wrongful Death Claim

      The spouse of a deceased accident victim can also receive compensation for the loss of their loved one’s wages in a wrongful death claim.  Wrongful death actions allow for several categories of damages, ranging from emotional pain and suffering and loss of household support to lost wages and earnings. 

      Most states will award lost income so as to replace the money that the deceased would have earned had he or she lived a normal life expectancy. The court will take into account:

  • The victim’s present job
  • Earnings
  • Likely promotions
  • Anticipated retirement age

      Using these calculations, your attorney can reach an approximate figure as to what your deceased spouse may have earned over a life time.  While these sums will never bring back your loved one, it can provide your family with the financial stability that your spouse had provided. 

 



 

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