Time is not on your side. Hire the best wrongful death lawyers in the country to make sure you get justice. The loss of your loved one is probably also causing a financial burden on you and your family. We may be able to help you get the compensation you are owed.
Corporations, insurance companies, and the people 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 trained to make your case go away. That’s where we come in. Before you cash any check, sign any forms, or speak with an adjuster, consult our experienced 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 another person or company can cause wrongful death, including:
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. 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.
Filing a wrongful death claim could help you and your family recover from a tragic loss and provide for future needs caused by the 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. There is a lot that goes into building a successful case. 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, like the costs of medical treatment, as well as less obvious losses, like the loss of a loved one’s companionship. 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, however, 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 in order 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.
Depending on the circumstances of the death, surviving family members may be able to file both a wrongful death claim AND a survival action. To do so successfully, it is important that families speak with an experienced attorney about their rights and what to expect from their cases. A personal injury attorney who has prior experience with these kinds of cases will be able to explain in detail how the law might apply to a specific situation, as well as help to protect surviving family members’ rights. In many cases, the attorney handling a death case will also engage the services of a qualified probate attorney. The probate attorney will “open an estate,” typically in probate court. This will ensure that any and all wrongful death and survival claims are properly before the Court.
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.
You can sue for wrongful death if your unborn child was killed in an accident, medical malpractice incident, or other circumstance involving negligence?
The question of whether or not an unborn child or fetus is an individual who has rights is a fraught topic that has been up for debate recently across the country. While some states do not 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. Still 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 could not sue for the wrongful death of your unborn baby. That changed when a couple sued for wrongful death following a Tarrant County car accident. In 1996, John and Dori Dean of Keller, Texas, lost their unborn baby in a car accident that 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 exactly what to look for when reviewing your case, and he or she can:
If you are ready to get started, give us a call toll free at 877.724.7800. The consultation is free and confidential. We will walk you through the entire legal process, answer every single question, and help you make the best decision for your future. You can also use the contact forms on our website to send us a confidential email, and we will schedule an immediate appointment for you to learn your rights. Our Board Certified attorneys know time is not on your side. Don’t wait another second to get the maritime injury settlement you deserve.