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We currently have seven or eight wrongful death type cases and the cause of death can be varied whether it’s automobile collision, fire, burn, exploding gas heater or something like that. The wrongful death damages are different than a personal injury damages at least in Texas and for the most part, pretty much all over the country. There’s loss of companionship in society and the loss of counsel that you receive from that person, the value that they gave to your life. So if you lost a parent or if you lost a child you have different types of damages with respect to that.
You also have estate type damages, which are typically, you know was there any medical care that the decedent had incurred or was there any pain and suffering that the person that died had incurred? And of course, you can get pain and suffering from the mental anguish that you suffer from a wrongful death.
So your typical beneficiaries are going to be your spouse, your parent, or a child. In some cases and in some jurisdiction they extend that to person’s that are closely related but may not have a relationship or a legal relationship to the decedent but in Texas its parent, spouse and child.
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Houston, TX personal injury attorney Richard Plezia talks about working on wrongful death cases.