Wrongful Death Lawyer Pearland TX
A Pearland, TX wrongful death lawyer knows that when families lose a loved one, the grieving process can be a difficult one. When the loved one’s death is due to the negligence or recklessness of another party, that loss can be even more devastating, especially when the accident that resulted in the death was an avoidable or preventable one. Call Keith B. French Law, PLLC today, we’re here to help guide you.
Families who lose a loved one due to wrongful death not only suffer emotional losses but there are often significant financial losses the family struggle with, especially if the victim was the primary wage earner for the family.
In these tragic cases, Texas law allows the victim’s family to pursue financial justice for the party or parties who caused the accident that resulted in the victim’s death.
Wrongful Death Lawsuit
A wrongful death lawsuit is a civil action that is filed against the party or parties whose actions or lack of actions caused the incident that resulted in the victim’s death. Some of the most common types of wrongful death cases that each Pearland wrongful death lawyer at our law firm has handled include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bike accidents
- Work-related accidents
- Medical malpractice
- Premises liability
- Dangerous or defective product
- Criminal acts
Every state sets its own personal injury laws, including wrongful death statutes. Under Texas law, those that can file a wrongful death lawsuit include a surviving spouse, children, and parents. Each individual can file their own wrongful death lawsuit or the qualifying family can file one lawsuit together. If no family members have filed the lawsuit within three months of the victim’s death, then the executor of the victim’s estate or some other personal representative can file.
Available Damages in a Wrongful Death Lawsuit
A Pearland wrongful death lawyer understands that no amount of money can ever make up for the loss of a loved one. That is not the intent of the lawsuit. Instead, a wrongful death lawsuit is meant to protect the family from suffering financial harm from the loss of economic support and loss of services.
Family members can also pursue damages for “loss of society,” the loss of the victim’s love, companionship, and guidance they provided to their family. There is also the emotional anguish, sorrow, and grief the family suffers.
Financial compensation for medical expenses incurred trying to save the victim’s life and funeral and burial expenses can also be included in the wrongful death lawsuit.
Understanding More About Wrongful Death In Texas
When it comes to your wrongful death suit, it is essential to understand specific information. You will want to know what kinds of damages you can fight for, what the law means specifically under the state of Texas, and who can file a wrongful death claim. If you would like to learn more about what you can do when it comes to your loved one’s wrongful death claim, give our office a call to schedule a consultation.
Getting the Facts About Wrongful Death
Before filing a wrongful death suit, it is important to understand what it is and how it can help you and your family honor the loss of your loved one. Below are some facts that will help you better understand this type of suit and what it may mean for you and your family.
- Knowing when to file. It is crucial that you understand when to file your suit. In the state of Texas, you will only have two years to file since the time of the decedent’s death. Some exceptions can be made in very rare circumstances but it is important to assume that it is two years and that you must follow this.
- Determining who can file. It is well-known in many states that close family members can file a wrongful death suit on behalf of their loved one. In Texas, however, the laws are stricter. A sibling, biological or adopted, is not able to file a wrongful death suit. Instead, it can only be filed by a child, a parent, or a spouse of the decedent. Even if the claim is done as a group between the parents, the spouse, and the children, the siblings cannot be a part of the claim.
- Damages to win. There are certain types of damages that you may fight for when it comes to a wrongful death claim. Depending on what your relationship with the decedent was–spouse, child, or parent–you will be able to make a claim for different types of damages. This could include lost companionship, loss of counsel or guidance, mental anguish, lost earning capacity, and more.
- Survival damages vs other damages. There is also something known as “survival damages.” These damages are specifically for the decedent’s estate. This means that if the decedent had lived and filed a lawsuit, these are the damages they would have won. These kinds of damages may include mental anguish or the pain and suffering the decedent went through before passing.
Getting Help For Your Wrongful Death Suit
Filing this type of suit is never easy. You need to compartmentalize, to a degree, and focus on paperwork and getting everything to the correct places all while grieving the loss of your loved one. You should not have to do this without the help of a lawyer. A lawyer will be able to guide you as to what needs to be done and ensure that you have the information and evidence necessary for filing this suit. For more information on how our team can help, reach out to our firm today.
Do I Need to Explore My Legal Options Now?
While it may be – very understandably – difficult to speak with a reputable Pearland, TX wrongful death lawyer about your legal options while you’re navigating the first waves of your grief, it remains very important to connect with the experienced legal team at Keith B. French Law, PLLC as soon as you possibly can.
Right now, you’re likely devoting all of your energy to the grieving process and to attending the immediate needs of both your loved ones and yourself. The idea of exploring a legal case may, therefore, seem like a low priority. Again, this is very understandable. Yet, it’s important to take a wide-lens view of the situation before putting off the task of meeting with an attorney.
If this hasn’t occurred already, you’ll soon start feeling the weight of the financial consequences of your loss. Perhaps your loved one’s income has disappeared or you’ve started receiving medical bills related to their end-of-life care. Or perhaps you’ve simply been unable to return to work as a result of your grief and your family’s finances are being impacted by your pain and suffering.
By meeting with a compassionate Pearland wrongful death lawyer at our firm, you’ll better ensure that you aren’t burdened by the financial consequences of your loss for months and even years to come. If these financial burdens rightly belong on the shoulders of those who caused your loss in the first place, it’s important to ensure that your case against this party or parties is as strong as it can possibly be.
The team at Keith B. French Law, PLLC can’t start building a strong case on your behalf until we’re aware of your situation and we’ve received your permission to start gathering evidence, investigating the circumstances of your loved one’s death, etc. It is vitally important that we start taking these steps as soon as possible, given that evidence can quickly become compromised, leading to the ultimate compromise of the value of a surviving loved one’s case.
Additionally, you may be eligible for time-sensitive workers’ compensation death benefits and/or an insurance settlement. If we don’t act quickly to secure these forms of recourse, you may lose compensation that would otherwise be rightfully yours. You also may be burdened by calls from insurance claims adjusters during a time when you’re particularly in need of peace. Allow us to field these calls for you so that we can secure fairly-valued compensation on your behalf and you can focus your energy elsewhere.
Preparing for Your Legal Consultation
Before you meet with our Pearland wrongful death lawyer team, please take some time to gather any documents or other information that will help us to understand the details of your loved one’s situation. If you have copies of police reports, medical notes, etc. related to your loved one’s harm, please bring them along for us to reference. The more specific you are, the better equipped we’ll be to provide you with personalized professional guidance.
Contact a Personal Injury Law Firm
If you have lost a loved one in an accident caused by another party or an intentional act, a wrongful death lawsuit may be your only avenue for justice for their death, especially if no criminal charges are available or filed against the party responsible. A seasoned Pearland wrongful death lawyer can evaluate your case and explain what legal recourse your family may have. Call Keith B. French Law, PLLC to schedule a free consultation and find out how we can help.
Help With Your Wrongful Death Case
A Pearland, TX wrongful death lawyer knows that wrongful death cases are difficult. Wrongful death is a tragic and devastating event that can occur when someone dies due to the negligence, recklessness, or intentional actions of another party. In Texas, wrongful death cases are governed by specific laws and regulations, and there are several issues that commonly arise in these cases. Call Keith B. French Law, PLLC to speak with a lawyer today.
What damages can be recovered in a Texas wrongful death case?
In Texas, damages in a wrongful death case are divided into two categories: economic and non-economic. Economic damages include things like medical expenses, funeral and burial expenses, lost wages and benefits, and other financial losses that result from the death of the loved one. Non-economic damages, on the other hand, are less tangible and include things like mental anguish, loss of companionship, and emotional pain and suffering.
What is the statute of limitations for filing a wrongful death lawsuit in Texas?
The statute of limitations for filing a wrongful death lawsuit in Texas is two years from the date of the deceased person’s death. This means that if you do not file a lawsuit within two years of the death, you may lose your right to do so.
How is liability determined in a wrongful death case?
A Pearland wrongful death lawyer knows that determining liability in a wrongful death case can be complex and requires a thorough investigation of the circumstances surrounding the death. This may involve gathering evidence, interviewing witnesses, and consulting with experts to determine the cause of death and who was responsible. In some cases, liability may be shared among multiple parties, and it may be necessary to apportion damages accordingly.
How are damages calculated in a Texas wrongful death case?
Calculating damages in a wrongful death case can be challenging, as it requires considering both economic and non-economic losses. In general, economic damages are easier to calculate, as they involve concrete financial losses that can be documented. Non-economic damages, on the other hand, are more subjective and may be more difficult to quantify. In Texas, juries are allowed to use their discretion when awarding non-economic damages, but there are limits on the amount that can be awarded in certain circumstances.
What role does insurance play in Texas wrongful death cases?
Insurance can be a significant factor in Texas wrongful death cases, as many defendants will have insurance coverage that may be used to pay damages. However, insurance companies are often reluctant to pay out large claims, and it may be necessary to negotiate or litigate to obtain a fair settlement or judgment.
Wrongful death cases are complex and emotionally charged, and there are many issues that must be carefully considered when pursuing a lawsuit. If you have lost a loved one due to the negligence or wrongful actions of another party, it is important to consult with an experienced lawyer who can guide you through the legal process and help you obtain the compensation you deserve. By working with a knowledgeable and compassionate attorney, you can protect your rights and hold those responsible for your loved one’s death accountable. Contact Keith B. French Law, PLLC to speak with our Pearland wrongful death lawyer today.
