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LOSS OF INHERITANCEA beneficiary under the Act may present a claim for loss of inheritance in a Wrongful Death case. Columbia Med. Ctr. v. Hogue, 271 S.W.3d 238, 254 (Tex.2008); Yowell v. Piper Aircraft Corp., 703 S.W.2d 630, 633 (Tex.1986).
BENEFICIARY MUST PROVE THEY WOULD HAVE OUTLIVED DECEDENTCall For A Free Case Review (972) 599 4100
HOW TO CALCULATE AMOUNT OF LOSS OF INHERITANCELoss of inheritance is defined as the present value that the decedent would, in reasonable probability, have added to the estate and left at natural death to the statutory wrongful-death beneficiaries but for the wrongful act causing the premature death. Sanchez v. Mica Corp., 107 S.W.3d 13, 27 (Tex.App.-San Antonio 2002, pet. granted, judgm’t vacated w.r.m.); see Columbia Med. Ctr., 271 S.W.3d at 253-54. The plaintiff must offer proof of what the decedent’s total income and expenditures would have been over the decedent’s expected lifetime and proof that the plaintiff would probably have been the beneficiary of the decedent’s estate. See Columbia Med. Ctr., 271 S.W.3d at 254; C&H Nationwide, Inc. v. Thompson, 903 S.W.2d 315, 323-24 (Tex.1994).
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 with our personal injury attorney.
Call For A Free Case Review (972) 599 4100
FREE CASE REVIEWSIf you are looking for a wrongful death lawyer, call (972) 599 4100. We offer free phone consultations with our auto accident attorney. We also provide a free strategy session. The strategy session includes a summary of your case, legal issues involved, and legal issues we identify as being critical to maximizing the compensation owed.
THERE IS NO FEE IF WE DO NOT WINYou owe us nothing if we are unable to recover. We charge a contingency fee structured to take a percentage of what we recover. As a performance-based contract, the better we do for you, the better we do for ourselves. This aligns our interests in the case with our client’s interests.
DIRECTIONS TO OUR OFFICELaw Office of Doug Goyen
15851 Dallas Pkwy #605
Addison, Texas 75001
(972) 599 4100 phone
(972) 398 2629 fax
Directions to our office: We are on the southbound side of the service road to the Tollway. Stay on the Dallas North Tollway until you come to the Keller Springs exit. Take the Keller Spring exit. Stay on the service road on the southbound side and go just past Keller Springs. Our office is the 2nd building south of Keller Springs, located on the service road to the North Dallas Tollway in the Madison Business Center on the 6th floor.
By Doug Goyen, douggoyen@goyenlaw.com
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