Texas law permits a surviving child to recover damages for pecuniary loss, meaning loss of care, maintenance, support, services, advice, counsel and reasonable contributions of a pecuniary value; loss of companionship and society; and mental anguish. It is unlikely that the trucking company will attempt to settle the claim with you for fair value unless you are represented by counsel. There is a two year statute of limitations on wrongful death claims under Texas law.
Answered on Dec 22nd, 2010 at 6:13 AM