Losing a loved one because of someone else’s negligence is devastating. We understand that your life has been forever altered and that you are grieving. No amount of money can ever replace your loss, but it is important that you hold those responsible accountable. Unfortunately, time is not on your side. In addition to the emotional turmoil you must be feeling, the loss of your loved one has probably caused a financial burden for you and your family. You need an experienced Texas wrongful death lawyer to help you get the compensation you’re owed.
The corporation, insurance company, and/or persons responsible for your loss will do everything possible to avoid being held accountable for their actions. You are facing an army of lawyers and adjusters who are trained to make your case disappear, and that’s where we come in. Hiring a wrongful death lawyer that is experienced in fighting for your loved one is your best defense. Before you cash any checks, sign forms, or speak with an adjuster, consult our knowledgeable lawyers to make sure you get justice for your loss.
“Wrongful death” is a legal term that is applied when the death of a person was a direct result of someone else’s negligence. The “someone else” responsible can be a person, an employer, a company, or other entity such as a nursing home or hospital. There are many different ways wrongful deaths can occur:
A wrongful death case can arise from virtually any type of accident which results in one or more deaths. If your loved one died because of another person’s or another entity’s negligence, recklessness, intentional act, or failure to act, you may have rights under the law to file a lawsuit for financial compensation. Find out who can file a wrongful death claim in Texas.
In practice, wrongful death cases often involve two different types of specific legal claims: “wrongful death” claims and “survival” claims. A wrongful death claim belongs to any surviving spouse, children, and parents of the decedent based on that person’s loss of a loved one. A survival claim is a claim on behalf of the estate of the decedent, based on the person’s pain, suffering, and other losses before death.
Depending on the circumstances of the death, surviving family members may be able to file both a wrongful death claim AND a survival action.A personal injury attorney and probate attorney are usually both involved in these kinds of claims because they require skill in two very different areas of the law. Learn more about the difference between wrongful death claims and survival actions.
Our experienced injury attorneys are based in Houston, and we have handled many of these kinds of cases on behalf of families across the nation. We make sure that our clients have all of the information they need before filing a claim for a wrongful death, and we offer a completely free, no-obligation case review to help them start investigating their rights.
Filing a wrongful death claim could help you and your family recover from a tragic loss of your loved one. A successful wrongful death claim can provide:
However, you should be aware that you have a limited amount of time to file a wrongful death lawsuit, and it is important to take action as soon as possible. Proving liability in a wrongful death case can be difficult, and it often requires intimate knowledge of industry-specific regulations and wrongful death laws. If you want to get started with a wrongful death claim, your first step should be speaking with an experienced attorney who can investigate what happened, help you get answers, file your claim, and fight for your best interests in the legal process.
The surviving family members in a wrongful death case can recover compensation for obvious financial losses. However, depending on where and how the accident happened, there can be some major differences in recovery. For example, surviving family members of offshore workers can learn more about the major differences in maritime death claims here. For wrongful death cases on land, surviving family members are usually able to recover:
In some cases, the at-fault parties must also pay an additional amount as punishment for causing the accident to dissuade them from making the same mistake in the future. If you have any questions about the worth of your case or what costs can be recovered through a wrongful death claim, you can contact us directly at 1-877-724-7800.
When there is an accident that causes death, it is common that the person suffers some amount of pain and suffering before dying.
The wrongful death laws of Texas and most states allow a claim by the surviving family members to receive compensation for the pain and suffering of the family member prior to death.
This claim is part of what’s called a “survival” claim in wrongful death cases. In addition to pain and suffering, survival claims include a claim for reimbursement of medical expenses the person incurred before death, as well as funeral and burial expenses
Can you sue for wrongful death if your unborn child was killed in an accident, medical malpractice incident, or other circumstances involving negligence?
While some states don’t recognize fetuses of any state as individuals with rights, some only recognize viable unborn babies (babies that could potentially live outside the womb) as such. Other states have decided that a baby is an individual at any time after conception.
The law in Texas regarding the wrongful death of a fetus has changed in a few key ways over the last two decades. Before 1999, you couldn’t sue for the wrongful death of your unborn baby. That changed in 1996, when John and Dori Dean of Keller, Texas, lost their unborn baby in a car accident they believed was caused by uncut grass obscuring their view of the road. The fetus was 36 weeks along when it died in the crash. The Texas Court of Appeals ruled that the baby was in fact a viable individual and allowed the couple to collect $300,000 in damages from Fort Worth and Tarrant County for the loss of their child.
In 2003, the Texas Wrongful Death Act was specifically amended to include that unborn babies are considered individuals with rights. However, there is one exception to the rule: Texas parents may not sue medical professionals for wrongful death.
Even if you already have a probate lawyer working with your loved one’s estate, it is still important to talk with an attorney who has specific experience with wrongful death claims from surviving family members. An experienced wrongful death attorney will know what to look for when reviewing your case, and he or she can:
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If you would prefer to discuss your case over the phone, please call us at (877) 724-7800. Hablamos español.