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Gabriela: Hi Jason. We lost my brother in an accident with an 18-wheeler. Can my family file a lawsuit even though he’s no longer with us?

Jason: Gabriela, first, my condolences to you and your family for your loss. To answer your question, yes, you can file a wrongful death lawsuit against the trucking company, the driver, and any other negligent parties.

Gabriela: What is a wrongful death lawsuit?

Jason: It’s a lawsuit where you can seek damages suffered by your family because you lost your brother. It may include things such as funeral expenses, pain and suffering, mental anguish, loss of consortium, and loss of financial support.

Gabriela: What is loss of consortium?

Jason: Loss of consortium is a personal injury that relates to the loss of a spousal relationship due to an accident that was caused by negligence. So, for example, if your brother was married, his wife could sue for loss of consortium.

Gabriela: Thank you for explaining that.

Jason: You’re welcome. Your family could also file a survival action claim on behalf of your brother.

Gabriela: What does that mean?

Jason: This type of claim seeks damages that your brother would have been awarded if he had survived the accident. It includes things like pain and suffering, lost wages, and medical expenses.

Gabriela: Should we file both kinds of claims? Or do we have to choose one of them?

Jason: Gabriela, in my experience, every case is different. It would really depend on the unique circumstances surrounding your brother’s accident. My suggestion is that your family meet with a personal injury attorney to discuss the details and decide what’s best.

Gabriela: Thank you Jason. I thought about that, but attorneys are so expensive. We are struggling just to come up with money to pay for the funeral. This was so unexpected.

Jason: You can find an injury attorney who will do a free consultation with you. Some lawyers may even take your case on contingency, which means you pay nothing up front. My firm can also advance funeral and lost wages to your family.

Gabriela: Really? You mean we could get help without it costing us anything?

Jason: Yes, you can hire a lawyer without any upfront costs. I don’t charge my clients a dime unless we win.

Gabriela: Thank you, Jason!

DeSouza Law firm is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call DeSouza injury Lawyers today at 361-799-2222 or visit the firm online at

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