Houston, TX asked in Personal Injury, Products Liability and Wrongful Death for Texas

Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at home, wife for the majority of the marriage, he also leaves behind one son he intended to pay for his college education, he also leaves behind one daughter we also intended to pay for his college education, And also intended to retire. He never smoke. He never drank his only exposure to toxins was on the job. after his death I (his wife) stumbled across over 1000 documents confirming various dates, times and individuals he worked with as well as the chemicals he was exposed to. It was also after his death did I discover that he worked in the train year that the City of Launched potential law suit against the train yard. How much she the family request as it pertains to pain and suffering?

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask for depends upon the specific facts and circumstances. Some individuals learn that they have cancer only very shortly before they die and experience little conscious physical pain. Others live in agony for weeks, months, or even years before they die. The latter would likely receive a larger award for pain and suffering than the former.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Products Liability Lawyer
  • Little Neck, NY

A: I'm very sorry for the loss of your husband. I agree with my colleague on the pain and suffering element. It would depend on the nature, duration, and severity. You may already be represented by counsel, but if not, please keep in mind that if the railway entity you mention has public elements to it, there could be notice of claim issues to be aware of. That could mean very short filing deadlines to place a carrier on notice - a Texas attorney should advise on whether these are applicable in your matter. You may already be with an attorney and your case may be well past that initial point, but it's something to be aware of if you haven't yet consulted with Texas wrongful death attorneys. Good luck

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