Published by Carabin Shaw – San Antonio Personal Injury Lawyers – Wrongful Death
Personal Injury Lawyers: How a Will Affects a Wrongful Death Case
How Does the Will of the Decedent Affect a Wrongful Death Case?
Losing a loved one due to someone else’s wrongdoing is a traumatic experience. You are probably thinking that if you file a wrongful death claim, will the money that you receive for your loss be affected by your loved one’s will? These are challenging times, and there are a lot of decisions that need to be made and expenses that need to be paid. Speak with an experienced attorney today to discuss your wrongful death claim. Call our San Antonio Wrongful Death Attorneys now!
In a wrongful death lawsuit, a will does not affect the compensation that is awarded to a surviving family member. They are filed by a surviving family member of the deceased who died because of someone else’s negligence. Even if this person is not listed in the will, the surviving family member can receive compensation from the lawsuit. The compensation is going directly to the family member and not the estate. Time is of the essence get in touch with our Wrongful Death Lawyers in Laredo Today!
The purpose of a wrongful death lawsuit is to compensate the surviving family members for the loss of their loved one. A surviving family member is a parent, spouse, or child. However, the executor of the will may file on behalf of the estate if the surviving family member does not file within a certain amount of time.
Survival Cause of Action and Damages
A survival cause of action is different than a wrongful death cause of action because a will drafted by the deceased can affect it. A survival cause of action allows the estate of the deceased to bring a lawsuit to recover for the damages that the deceased would have recovered if they survived the accident.
If the deceased drafted a will, then the executor of the estate, who is named in the will, can bring a survival cause of action. Not the family. The executor represents the estate and will collect damages that are owed to the estate. If the deceased did not draft a will, then a court will appoint an executor or a legal representative to represent the estate in the lawsuit.
The survival damages that are awarded to the estate are funeral, burial expenses, and medical bills, just like in a wrongful death case. In order to recover from mental anguish and physical pain, the estate must prove that the deceased suffered pain before death and was conscious at the time. If the deceased died instantly and lost consciousness immediately, then recovery of compensation will not be awarded.
Brief Overview of How a Will Works
A will, or a last will, is a legal document created by you giving instructions on how to distribute tangible and intangible items throughout one’s estate after death. It also allows you to identify your beneficiaries. A beneficiary can be the person(s) to whom you are giving your property. A will also provides for the appointment of an executor. This person manages your estate, pays your debts, and handles other expenses.
To have a valid will you must be 18 years of age, be competent, have testamentary intent, and it must be in writing. Texas requires that wills be written in two forms. The first is called an attested will. This means that your will was in writing, signed by you or someone that you appointed to sign your will, and you have two witnesses. The other form is a holographic will, meaning that the will was written in your own handwriting, signed by you, and you do not need any witnesses. The attested will is the most common will.
The attorneys at Our Law Office understand that losing a loved one is a painful experience. Our attorneys dedicate their time and effort to making the person pay for causing the death of your loved one. Our attorneys have been litigating wrongful death cases for over two decades and have been providing our clients with the legal services they deserve. There is a time limit to file a wrongful death claim, so do not wait to call us. Contact our office today to receive a free consultation. Allow our attorneys to bring you the closure that you are seeking.