Austin, TX (Law Firm Newswire) August 17, 2017 – In June of 2015 a police Sergeant died from injuries sustained in a crash. The family is now filing a wrongful death lawsuit, naming eight defendants and asking for over $1 million in compensation. The suit was filed under the Texas Rules of Civil Procedure due to the amount of compensation the family was seeking.
On June 25, 2015, police Sergeant, Korby Kennedy, was escorting a parade of Lucas Oil racing boats, when he was hit by a car. The plaintiff, Kennedy’s wife, is claiming negligence based on vicarious liability in her lawsuit. The defendants named were the driver of the car that collided with the Sergeant, the individual responsible for safety clearances during the parade, and two others who owned the vehicle that was in charge of safety.
Because the insurance companies involved chose to not communicate with the victim’s families, a lawsuit was filed. This step was taken because in Texas, a lawsuit may not be filed against insurance companies. In order to seek compensation for the death of the police officer, under the applicable insurance policy, the widow must file a lawsuit against the negligent person and/or company.
The plaintiffs are asking for a jury to determine fair and reasonable compensation. The lawsuit seeks over $1 million in damages.
“In Texas, an action for wrongful death may be brought if the ‘wrongful act, neglect, carelessness, unskillfulness or default’ of a party results in the death of another,” explained Austin wrongful death attorney, Brooks Schuelke.
Damages may be awarded for:
· Loss of companionship, love, society and comfort
· Pain and suffering
· Loss of earning capacity
· Loss of inheritance
· Loss of support, advice, services, care, maintenance and counsel that would have been provided
Exemplary damages, also referred to as punitive damages, may be awarded if the death was caused by a willful omission or act, or gross negligence. Exemplary damages punish a defendant by sending a message that the behavior that caused a death is not acceptable. Exemplary damages do not indemnify the family.
“Damages handed down in a wrongful death lawsuit in Texas go to family members according to the injury they sustained, such as mental anguish. The proportions awarded are calculated by the judge,” said Schuelke.
Perlmutter & Schuelke, PLLC
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944
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