If a family member died as a result of negligence, you may be able to file a claim for loss of inheritance. We will assist in determining that claim. We will begin working on your case right away. Contact the Law Office of Doug Goyen to discuss your case and any claims you may have. We have worked in personal injury including wrongful death cases since 1997. Call (972) 599 4100 for a free consultation.
Loss of Inheritance
A beneficiary under the Act may present a claim for loss of inheritance in a Wrongful Death case.
The present value of the amount that the decedent would have, in all likelihood, added to the estate and left to the beneficiaries in the event of a “natural” death – but for the wrongful act that caused the premature death – is used to calculate the damage for loss of inheritance.
A beneficiary must demonstrate that the decedent would have accumulated money or assets AND that he would have left this to the beneficiary in some way.
A jury may decide whether the decedent (or the decedent’s family) would have consumed the entire amount claimed (thus not leaving any more for a beneficiary). Furthermore, there must be evidence that the beneficiary would have outlived the decedent. Yowell v. Piper Aircraft Corp., 703 S.W.2d 630, 632 (Tex. 1986).
The Texas Supreme Court has ruled that in order to recover for loss of inheritance, the Plaintiffs must demonstrate that they would have been the beneficiaries of the estate and provide 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 estate amount. 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, including loss of inheritance, you may be able to recover on behalf of the estate or statutory beneficiaries in your wrongful death case. Don’t expect your insurance company to treat you fairly. Call to discuss your situation.