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Personal injury law provides statutory damages in death case

When a life is tragically ended in a vehicle accident, the result includes a wide swath of destruction that goes far beyond the site of the accident. There are families left behind, dreams shattered and new life paths to be painfully forged by the remaining family members. In Texas and other states, the law of personal injury tries to assist in some helpful ways. However, when the bottom line is evaluated, family members universally reveal that no amount of monetary assistance can make up for the loss of their loved one.

The tragedy is more difficult to accept when the loss of an innocent victim's life comes without warning and without a chance to react. That is what happened in a Texas accident that recently occurred on Sam Houston Boulevard east of Benito. A 54-year-old man was struck down and killed when an SUV suddenly veered into the operator's lane and struck his passenger-side door.

When a vehicle crosses over, there is frequently a head-on collision. However, the impact can have many permeations, despite it being a crossover. Here, the errant driver reportedly crashed into side of the car, making it even more difficult for the operator of the victimized vehicle to respond. Under the circumstances, based on the reported facts, the decedent's estate has a wrongful death claim against the seemingly negligent tortfeasor.

The immediate family members of the decedent, through a formal estate that must be filed in the county of the decedent's residence, are entitled to assert damages specified by Texas personal injury law in its wrongful death statute. Basically, for a 54-year-old individual, the claim could be significant due to the relatively substantial number of years of employment that he would have had. All medical and funeral expenses will be covered. Since the decedent lived long enough to be transported to the hospital, the estate may also potentially recover for pain and suffering to the victim prior to death.

Source: valleymorningstar.com, "Rio Hondo man killed in early morning accident", Dec. 9, 2016

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