Loss of Inheritance – Dallas Personal Injury Lawyer
Personal Injury Areas We Help With Are:
Auto Accident and Injury Cases, Personal Injury Cases, 18 Wheeler & Commercial Vehicle Injury Accident Cases, Motorcycle Accident and Injury Cases, Wrongful Death Cases, Pedestrian Injured by Automobile Cases, Slip and Fall & Premises Cases, Workplace & Constructions Injury Cases, Dog Bite Injury Cases, Bicyclers Hit by Automobile Cases .
Types of Coverage in Automobile Injury Cases:
Damages Often Recoverable in Personal Injury Cases Include the Following:
Past and future medical bills, past and future lost earning capacity, past and future lost income, past and future physical impairment, past and future disfigurement, past and future mental anguish, past and future pain and suffering, property damage, loss of use of your property - such as rental car bills, storage, total loss of property, diminished value of property, loss of body member (arm, leg, . . .), loss of body capacity (hearing, eyesight, . . . ), loss of consortium (spouse, parental, child/filial), loss of services, emotional/mental trauma (bystander injury), prenatal injury, exemplary damages, prejudgment interest, attorney's fees, and court costs.
Loss of Inheritance: In a Wrongful Death case, a beneficiary under the Act may present a claim for loss of inheritance.
The damage for loss of inheritance is calculated as the present value of the amount that the decedent would have in reasonable probability, added to the estate and left to the beneficiaries at the time of a “natural” death – but for the wrongful act causing the premature death.
A beneficiary must prove that the decedent would have accumulated money or assets, AND that he would have left this in some way to the beneficiary.
A jury is allowed to decide whether the decedent (and the decedent’s family) would have consumed all of the amount claimed (thus not leaving any more for a beneficiary). Additionally, their must be some evidence that the beneficiary would have outlived the decedent as well. Yowell v. Piper Aircraft Corp., 703 S.W.2d 630, 632 (Tex. 1986).
The Texas Supreme Court has held that in order to recover for loss of inheritance, the Plaintiffs must show they probably would have been the beneficiaries of the estate, and must be evidence from which the amount of the estate could reasonably be calculated, and because the loss is economic in nature, the calculation must be the “present value” of the amount of the estate. C & H Nationwide v. Thompson, 903 S.W.2d 315, 324 (Tex. 1994).
Contact the Law Office of Doug Goyen at (972) 599 4100 to discuss your case and determine what damages you may be able to make on behalf of the estate, or on behalf of the statutory beneficiaries in your wrongful death case. Do not rely on the insurance company to treat you fairly. Call to discuss your case.
By Doug Goyen, email@example.com