What can I expect from a wrongful death claim? 1 Answers as of December 22, 2010My father died as a result of being rear ended by an 18 wheeler. There was a highway patrolman that witnessed the entire accident and appears, by all accounts, to be the truck driver's fault. I know we live in a nation of litigation, but what kind of response can we expect from the truck driver's insurance company regarding this claim?
Seale, Stover & Bisbey | Blair Allan Bisbey
Texas law permits a surviving child to recover damages for pecuniary loss, meaning loss of care, maintenance, support, services, advice, counsel and reasonable contributions of a pecuniary value; loss of companionship and society; and mental anguish. It is unlikely that the trucking company will attempt to settle the claim with you for fair value unless you are represented by counsel. There is a two year statute of limitations on wrongful death claims under Texas law.
Answer Applies to: Texas