We Proudly Serve Wrongful Death Victims Injured Across The State of Texas
Wrongful Death Lawyer
The death of a loved one is an experience that no one should have to go through. Unfortunate individuals lose their lives and leave their families wondering what went wrong due to carelessness and negligence on the part of others.
Our team at Texas Personal Injury Lawyers is here to help you through the toughest times in your life. We understand that your world has been turned upside down, and we want to assist you in putting it back together. Filing a wrongful death claim, in addition to compensating you for financial losses, may help you hold at-fault parties accountable for their behavior.
We invite you to contact our team at Texas Personal Injury Lawyers if you’d want help discussing the prospect of legal representation after the death of your loved one. When you call, a thoughtful member of our staff will be able to answer your questions and address your concerns.
What Is "Wrongful Death" in Texas?
In Texas, a “wrongful death” can occur when one person’s negligence or misconduct results in:
- When a person dies as the result of an accident, or when a fetus does not survive its birth alive.
- A case where the injury is the result of a “wrongful act, neglect, carelessness, unskillfulness, or default” committed by another person or entity.
- If the injured person had lived or been born alive, he or she would have been eligible to file a personal injury lawsuit.
(Tex. Civ. Prac. & Rem. Code §§ 71.001 to 71.003 (2021).)
A wrongful death claim is similar to a personal injury claim in which the injured individual is no longer able to pursue the case on their own behalf. A wrongful death lawsuit can be filed on the basis of a variety of events, including:
- negligence-based incidents (such as car accidents)
- medical malpractice, or
- intentional acts (including crimes).
Who Is Eligible to Bring a Wrongful Death Claim in Texas?
In Texas, the deceased person’s surviving spouse, children, and parents—or one or more of those individuals on behalf of them all—are qualified to bring a civil lawsuit in the state’s courts.
If the deceased person’s spouse, children, or parents do not file a lawsuit for wrongful death within three months of the date of death, the personal representative (also known as the “executor”) or administrator of the deceased person’s estate may submit it instead. Unless all surviving family members listed above specifically request that the wrongful death claim not be filed. (Tex. Civ. Prac. & Rem. Code § 71.004 (2021).)
What Types Of Damages Are Possible In A Texas Wrongful Death Case?
In a case alleging Texas wrong death, the plaintiffs’ claimed losses are paid to the deceased person’s surviving spouse, children, and parents for their suffering incurred as a result of the death. In a Texas wrongful death lawsuit, damages may include the following:
- lost earning capacity
- The deceased’s family members may be relieved of the burden of providing care, maintenance, services, support, advice, and counseling for many years to come.
- The surviving family’s grief and suffering over the death of a loved one
- lost love, companionship, comfort, and society, and
- lost inheritance, including what the deceased would likely have saved and left to surviving family members if he or she had lived.
Exemplary damages (sometimes called “punitive damages“) are permitted in a Texas wrongful death lawsuit, however they may only be awarded if the person’s death was caused by a “willful act or omission or gross negligence.” Exemplary damages are designed to serve as a deterrent for others who would choose to engage in similar conduct and not, as the name implies, compensate the family for their losses.
Get more information about the different types of damages that may be available in a wrongful death lawsuit, as well as access to the full text of wrongful death laws at Texas Personal Injury Lawyers.
Why Should I Hire A Wrongful Death Lawyer?
It’s difficult to bring a successful wrongful death lawsuit. An experienced and committed lawyer may be beneficial during this distressing period, especially if you’re new to taking legal action against another individual.
Here is a look at some of the key reasons you need one.
- You are Grieving the Loss
Claims for damages fall into several categories. Some are devoid of any emotional trauma, while others are the polar opposite. wrongful death claims are a type of damage claim that falls into the latter category. You must file your claim while continuing to grieve for an loved one who has died. It’s tempting to believe that pursuing a personal injury claim is an overwhelming and time-consuming experience. It might be difficult, but it doesn’t have to be this way. This can cause you a lot of stress, so let an attorney handle the legal hassles of preparing and filing your claim for you.
- You Don’t Know the Value of Your Claim
If you don’t know the highest amount your claim is worth, an insurance company or a responsible party can lowball you. In fact, insurers frequently use this tactic to provide a fast but inexpensive compensation. You won’t know whether the deal is fair unless you consult an attorney. The attorney will evaluate your case’s criteria and, based on that, supply a range of possible compensation amounts. This gives you confidence in your negotiations with the insurance company.
- You Don’t Have Experience in Negotiating with Insurers
Insurance adjusters and insurance companies are notorious for their strong negotiating skills. They have a variety of techniques at their disposal to get you to accept a low offer. It is only with the aid of an excellent attorney that you can respond to their empty challenges and negotiate on even terms.
- You Have No Money to Hire Legal Services
Many people believe that hiring an attorney for a wrongful death claim will be expensive right off the bat. However, the majority of attorneys who work on wrongful death claims charge a contingency fee. You are not obligated to pay anything up front in this type of contract. If your claim is successful and you receive the full settlement amount, you are not obligated to pay anything. You must then pay an attorney a percentage of damages only when your claim succeeds.
- Your Case May Go to Trial
Not all claims are resolved through negotiations. The at-fault party or the insurance company may decline your claim or propose a settlement that is insufficient to be proper. If you reach an impasse during negotiations, your only option is to file a wrongful death lawsuit. That is only possible with the assistance of an attorney who will go to trial, defend you in court, and fight for your rights.
Types of Wrongful Death Cases We Handle
When you reach out to our firm, you become part of our family. Attorneys at Texas Personal Injury Lawyers represent families who have lost loved ones due to someone else’s negligence.
We take on wrongful death cases involving:
- Auto accidents
- Drunk driving accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Truck accidents
- Defective and dangerous products
- Defective medical devices
- Prescription and over-the-counter drugs
- Workplace accidents
- Occupational diseases
- Railroad accidents
- Maritime and offshore accidents
If you are looking for a compassionate and experienced wrongful death attorney, we are here for you. We can answer your questions and can offer insight that applies to your specific situation. Because we take your concerns to heart and take the time to understand your needs, we can help you make informed decisions about your case.
Texas Personal Injury Lawyers Can Help with Your Unexpected Loss
What can an attorney do to assist you if you have lost a loved one? What advantage does taking legal action provide for you? Seeking legal action may just seem to make matters worse after the unexpected death of a loved one at times. Texas Personal Injury Lawyers is on hand to assist you in removing the stress. We don’t want you to feel overwhelmed by the claims procedure. We’d like to be there for you. We can handle all aspects of your case, allowing you to concentrate on remembering your loved one and spending time with family.
Our wrongful death attorneys can help by:
- Working with the insurance company so you don’t have to;
- Analyzing the reasons for the accident;
- Determining who should be held legally responsible;
- Determine the total and accurate value of your claim.
- Pursuing compensation from the at-fault party’s insurance provider; and
- Work with the insurance carrier to get an acceptable settlement.
We work with grieving families on their claims for compensation, which we believe can help them move forward after a tragedy. We also intend to hold responsible parties accountable so that similar occurrences don’t happen to others.
What Compensation Can I Get With a Wrongful Death Claim?
A wrongful death claim may be filed by the next of kin, heirs, estate representative, or legal representatives in every state if another person’s negligence results in the death of someone else. In addition to these factors, courts consider a variety of issues when determining how much compensation one can receive for a wrongful death claim, including:
- The worth of the deceased’s life
- The deceased’s lifetime earnings through their death
- Loss of companionship of a survivor
- The savings of the deceased
- The amount to which survivors were financially reliant on the deceased or harmed by their death
- Medical and burial expenses incurred by survivors
- Punitive Damages
Although no amount of money can ever compensate for the loss or death of a loved one, survivors may find comfort in knowing they are financially stable in their future and that responsible persons will be brought to justice. It is critical in certain circumstances and jurisdictions to prevent others from engaging in behavior that would cause death.
The legal processes involved in wrongful death claims are complex, and each state has its own set of rules. During your time of mourning, consideration of a wrongful death lawsuit may not seem necessary; nevertheless, you must file a claim within a specific period of time or lose the right to financial compensation.Also, the need to seek legal assistance as soon as possible is critical.
An experienced, successful wrongful death lawyer with proven success in comparable cases can assist you through the process and help you get the monetary compensation you are entitled to under the law. At The Texas Personal Injury Lawyer, we have experience, results, and resources to help clients.
For a free case evaluation, contact the wrongful death attorneys at Texas Personal Injury Lawyers. We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely free.