Legal Question in Personal Injury in Texas

Death of Ex-Husband

My ex-husband and I had one child together. He as accidently killed on his job by a falling pipe. He had remarried. At the time of death our son was 5 years old. The company is trying to pay us a very small amount of money. He had not seen our son in 2 years. They are trying to say that there was no relationship. Do you know of any cases that were won like this one where the father had not been around but the employer made sure the child or children were compensated?


Asked on 5/12/07, 7:18 pm

4 Answers from Attorneys

Bobby Warren Patel & Warren, PLLC

Re: Death of Ex-Husband

The child has a right to seek compensation for the wrongful death of his father. While the nature of the relationship may have some small effect on the amount your son may be due, it shouldn't be the major factor regarding damages.

When you have an opportunity during normal office hours, please feel free to contact my office to discuss this particular case further.

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Answered on 5/12/07, 7:33 pm
Brandon Manus Manus Law Office

Re: Death of Ex-Husband

There may be a wrongful death claim, there may be workers' compensation benefits due to your son if the employer had workers' compensation. I recommend that you contact a lawyer who has experience with both as soon as possible. Our office represents clients in work comp and personal injury. If you decide not to contact our office, please contact someone....there are time limitations that may affect your case.

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Answered on 5/12/07, 10:24 pm
Roger Merrill Merrill & Associates

Re: Death of Ex-Husband

Unfortunately, the company is acting like most by trying to pay you as little as possible. Hire an attorney to represent your son to help maximize his recovery. I have represented many minors and would like to help.

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Answered on 5/14/07, 9:24 am
David Leon David L. Leon, P.C.

Re: Death of Ex-Husband

First, let me say that I'm sorry to learn of your situation. In my opinion, the insurance company is trying to play games with you because they know you do not have an attorney. Although the child's relationship with the father may be A factor in determining damages, it is not THE factor.

As for what to do, first do not sign anything without speaking with a lawyer. It is possible for you to sign away rights without realizing what you're doing.

Second, you should collect the following information: a copy of the decree and any supporting child support obligations, death certificate (if available), names and contact information of the employer, the date of the accident and all correspondence from the insurance company.

Third, you should interview with a few attorneys who are familiar with wrongful death claims. Most attorneys (if not all) will give you an initial consultation at no charge. Also, most (if not all) will not charge you unless you are able to collect on behalf of your child. Therefore, you should meet with a few lawyers (not their paralegals or staff or runners) and find out which attorney's office you are most comfortable with. After you have personally interviewed the offices, you should make your own decision as to which office best suits you (you will be working with that office for awhile, so it's important to make sure that you are comfortable trusting that office.)

Please let me know if there is anything else I can do. Good luck.

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Answered on 5/13/07, 10:33 am


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