Missouri City Wrongful Death Lawyer

What Is a Wrongful Death?

A wrongful death occurs when a person dies due to the legal fault of another person or entity. This can include acts of negligence, reckless behavior, or intentional harm. In Texas, wrongful death claims are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. This statute provides the legal framework that allows surviving family members to file a lawsuit against those responsible for the death.

Under this law, wrongful death can arise from various circumstances, such as car accidents, medical malpractice, workplace accidents, or defective products. The statute clearly defines who can be held liable, including individuals, corporations, and other entities. It also specifies who can file a wrongful death claim, typically the surviving spouse, children, and parents of the deceased.

The goal of a wrongful death claim is to seek compensation for the survivors’ losses, which can include medical expenses, funeral costs, lost income, and loss of companionship. By filing a wrongful death claim, families can hold the responsible parties accountable and secure the financial support they need during a difficult time.

What Does a Wrongful Death Lawyer Do?

At Estes Personal Injury & Car Accident Lawyers, our wrongful death lawyers play a vital role in providing support and legal assistance to grieving families. They handle a variety of tasks to ensure you receive the justice and compensation you deserve.

Investigating the Circumstances

Wrongful death cases are complex and require thorough investigation. Our wrongful death attorneys gather evidence, review reports, and consult experts to establish liability. Whether the death resulted from a car accident, medical error, or other cause, we work tirelessly to uncover the truth and build a strong case.

Explaining Your Legal Rights

Understanding your legal rights is essential in wrongful death cases. Our wrongful death attorneys explain the laws relevant to your case, including who can file a lawsuit and the timeframe for doing so. We ensure you are well-informed about your eligibility and the statute of limitations.

Seeking Financial Compensation

Our wrongful death lawyers at Estes Personal Injury & Car Accident Lawyers pursue economic and non-economic damages to alleviate the financial burden on your family. This includes medical expenses, funeral costs, lost income, and compensation for emotional suffering. We also seek punitive damages when appropriate. Our attorneys handle all legal documents, negotiate settlements, and are prepared to take your case to trial if needed.

Types of Wrongful Death Claims

Wrongful death claims can arise from various incidents. Here are some common types:

Abuse or Neglect

Abuse or neglect in settings like nursing homes can lead to tragic outcomes. Failure to provide adequate care or protection can result in wrongful death claims.

Accidental Poisoning

Accidental poisoning, often due to exposure to toxic substances or improper labeling of products, is a significant cause of wrongful death.

Car Accidents

Car accidents caused by reckless or negligent driving frequently result in fatalities. Victims’ families can pursue wrongful death claims against the at-fault drivers.

Construction Accidents

Construction sites can be dangerous, and fatalities often occur due to unsafe working conditions or negligence. Wrongful death claims in construction accidents are common.

Criminal Activity

Deaths resulting from criminal activities such as assaults or robberies can lead to wrongful death claims against the perpetrators.

Dangerous Property Accidents

Property owners are responsible for maintaining safe environments. Fatal accidents on dangerous properties can result in wrongful death claims.

Defective Drugs or Products

Manufacturers can be held liable for deaths caused by defective drugs or products. These claims often involve extensive investigation and expert testimony.

Drowning

Drowning incidents, particularly in public or semi-public spaces like swimming pools, can lead to wrongful death claims if negligence is involved.

Fatal Workplace Accidents

Workplace fatalities, especially in high-risk industries, can lead to wrongful death claims against employers or third parties.

Medical Malpractice or Negligence

Medical negligence or malpractice, including errors during surgery or misdiagnosis, is a leading cause of wrongful death claims.

Mesothelioma/Asbestos Exposure

Exposure to asbestos can cause mesothelioma, a deadly cancer. Wrongful death claims can be filed against companies responsible for the exposure.

Motorcycle Accidents

Motorcycle accidents often result in severe injuries or fatalities. Negligent drivers can be held liable in wrongful death claims.

Product Liability

Product liability cases involve defective or dangerous products that cause fatal injuries. Manufacturers, distributors, or retailers can be held accountable.

Truck Accidents

Truck accidents are particularly deadly due to the size and weight of the vehicles involved. Wrongful death claims can be pursued against negligent truck drivers or companies.

Elements of a Wrongful Death Lawsuit in Texas

To succeed in a wrongful death lawsuit in Texas, certain elements must be proven:

Duty of Care

The plaintiff must establish that the defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act in a manner that would prevent harm.

Breach of Duty

It must be shown that the defendant breached this duty through negligence, recklessness, or intentional misconduct.

Causation

The breach of duty must be directly linked to the death. The plaintiff must prove that the defendant’s actions or inactions caused the fatality.

Damages

Finally, the plaintiff must demonstrate that the death resulted in quantifiable damages, such as medical expenses, funeral costs, loss of income, and emotional suffering.

Proving a Wrongful Death Claim in Texas

Proving a wrongful death claim in Texas involves gathering substantial evidence and presenting a compelling case. Key steps include:

• Collecting evidence: This includes medical records, accident reports, witness statements, and expert testimony.
• Establishing negligence: Demonstrating how the defendant’s actions deviated from the expected standard of care.
• Linking causation: Clearly showing the connection between the breach of duty and the death.
• Quantifying damages: Providing detailed documentation of the financial and emotional impact of the loss.

Common Wrongful Death Causes in Texas

Various incidents can lead to wrongful death claims. Here are some common causes:

Fatal Car Accidents

Car accidents are a leading cause of wrongful deaths in Texas. Reckless driving, speeding, and drunk driving are significant contributors.

Truck Accidents

Truck accidents, due to their sheer size and weight, often result in fatalities. Negligent truck drivers or trucking companies can be held accountable.

Motorcycle Accidents

Motorcycle accidents are particularly dangerous and often result in severe injuries or death. Drivers who fail to see or yield to motorcyclists can be liable.

Bicycle Accidents

Bicyclists are vulnerable on the road. Bicycle accidents involving motor vehicles can be fatal. Negligent drivers are often at fault in these cases.

Pedestrian Accidents

Pedestrians struck by vehicles often suffer fatal injuries. Drivers who fail to yield or are distracted can be held responsible.

Premise Liability

Unsafe property conditions can lead to fatal accidents. Property owners have a duty to maintain safe environments to prevent such incidents.

Rideshare Accidents

Accidents involving rideshare vehicles like Uber and Lyft can result in wrongful death claims. Both the driver and the rideshare company may be liable.

What You and Your Family Should Do After a Wrongful Death

Experiencing the sudden loss of a loved one in a wrongful death accident is utterly distressing. Here’s what you should do immediately after such a tragic incident:

• Report the Death: If not already done, dial 911 to ensure prompt medical assistance and proper handling of the situation by authorities.
• Document the Accident: Take comprehensive steps to document the accident scene. Capture photographs, gather vital medical records, retain copies of police reports, and obtain contact details of witnesses. This information is crucial for your case and should be shared with your wrongful death attorney.
• Legal Guidance: Consider reaching out to a skilled wrongful death lawyer without delay. They can provide invaluable insights into the next steps for filing a claim. If the at-fault party is insured, refrain from settling until you’ve consulted with legal counsel to understand your rights and options fully.

Losing a cherished family member is an indescribable hardship, but seeking legal assistance can profoundly impact the handling of your case and your path forward. A wrongful death lawsuit may offer compensation to alleviate the financial burdens resulting from your loved one’s passing, covering medical expenses, funeral costs, and other financial ramifications. Additionally, punitive damages might be pursued in certain circumstances.

Determining Liability in a Wrongful Death Accident

When pursuing a wrongful death claim, establishing liability is paramount. Here’s how to navigate this crucial aspect:

• Conducting a Comprehensive Investigation: Begin by delving into the incident, scrutinizing every detail to uncover the facts.
• Pinpointing Responsible Parties: Identify individuals or entities who owed a duty of care and failed to uphold it, thereby contributing to the fatal outcome.
• Accumulating Substantial Evidence: Gather pertinent documentation, eyewitness testimonies, and expert evaluations to substantiate your case’s merit.
• Seeking Legal Counsel: Collaborate with seasoned wrongful death attorneys adept at navigating the complexities of such cases. Their expertise is invaluable in crafting a compelling argument and pursuing rightful compensation.

Which Family Members Can Sue File a Wrongful Death Claim in Texas?

In Texas, specific criteria dictate who can pursue a wrongful death claim. Here’s a breakdown:

• Spouse: The surviving spouse holds the primary right to file a claim.
• Children: Both biological and legally adopted children are eligible claimants.
• Parents: Biological or adoptive parents may also file a claim.

Should none of these eligible family members initiate the claim within three months of the demise, the executor or administrator of the deceased’s estate can step in, unless otherwise directed by the family.

For further insights into who can bring forth a wrongful death suit in Texas, consult with an esteemed wrongful death lawyer at our firm.

How Are Wrongful Death Proceeds Fairly Divided?

In the state of Texas, the division of proceeds from a wrongful death claim is governed by specific laws designed to ensure fair compensation to the survivors of the deceased. Understanding how these proceeds are divided is crucial for families seeking justice and financial stability after such a tragic loss.

Eligible Beneficiaries

Texas law identifies the following individuals as eligible beneficiaries who can file a wrongful death claim:

• Surviving spouses
• Children (both biological and adoptive)
• Parents (both biological and adoptive)

Division of Proceeds

Once a wrongful death claim is settled, the compensation awarded is divided among the eligible beneficiaries. If the case is settled out of court, the adult beneficiaries are encouraged to agree on how to split the proceeds amongst themselves. This approach allows the family to tailor the division to their specific needs and circumstances.

However, if the beneficiaries cannot reach an agreement, the division of proceeds is determined by the court. In a court trial, a jury will decide how the compensation should be distributed based on the following considerations:

• Financial Dependency: The jury evaluates the extent to which each beneficiary was financially dependent on the deceased. A surviving spouse or a child who relied heavily on the deceased’s income might receive a larger portion of the settlement.
• Relationship with the Deceased: The nature of the relationship and the emotional impact of the loss on each beneficiary is considered. A close relationship often results in a higher award for emotional pain and suffering.
• Extent of Loss: The jury assesses the extent of each beneficiary’s loss, including loss of companionship, support, and guidance. This can include both economic losses, such as lost income, and non-economic losses, such as the loss of emotional support.

Factors Affecting the Division

Several factors influence how wrongful death proceeds are divided:

• Age of the Beneficiaries: Minor children might receive more significant compensation due to their dependency and future needs.
• Health and Well-being: The health and future needs of each beneficiary can also play a role. For example, a dependent with special needs may receive a larger share to ensure their future well-being.
• State Precedents: Lawyers and juries often refer to precedents set by previous wrongful death cases to determine fair compensation. These precedents help ensure consistency and fairness in awards.

Does Texas Have Damage Caps on Wrongful Death Claims?

Yes, Texas imposes damage caps on certain types of wrongful death claims. For instance, in medical malpractice cases, non-economic damages are capped at $250,000 per defendant, with an overall cap of $500,000. These caps apply to non-economic damages, such as pain and suffering, but do not limit economic damages like medical expenses and lost wages.

Under the Texas Wrongful Death Act, only specific individuals are entitled to bring a wrongful death claim. These individuals include the deceased’s spouse, children, and parents. If none of these parties file a claim within three months of the death, the deceased person’s estate may bring a claim on their behalf.

Additionally, the deceased person’s heirs, legal representative, or estate can file a survival lawsuit against the at-fault party responsible for the death. Heirs are those entitled to receive an inheritance based on the decedent’s will or, if no will exists, according to Texas’s default intestate succession laws.

Texas Wrongful Death Statute

The Texas Wrongful Death Statute, as detailed in Tex. Civ. Prac. & Rem. Code § 71.002, provides a comprehensive legal framework for filing wrongful death claims. This statute outlines several key aspects that are essential for understanding and pursuing a wrongful death claim in Texas.

1. Cause of Action: An action for damages can be brought if an injury causing death is due to someone’s wrongful act, neglect, carelessness, or unskillfulness.
2. Liability: Individuals or entities can be held liable if they own or control transportation vehicles, industrial or public utility plants, and the injury was caused by their wrongful act or neglect. This includes proprietors, owners, charterers, hirers, receivers, and trustees.
3. Who Can Sue: The surviving spouse, children, and parents of the deceased have the right to file a wrongful death claim. If they do not act within three months, the executor or administrator of the deceased’s estate can bring the claim unless requested not to by the family.
4. Types of Damages: Damages awarded can include compensation for economic losses, non-economic losses, and, in cases of gross negligence or willful acts, exemplary damages.
5. Division of Damages: Damages are divided among the surviving family members in shares determined by the jury.

Contact a Missouri City Wrongful Death Lawyer Today

If you have lost a loved one due to someone else’s negligence, it is crucial to seek legal help as soon as possible. The wrongful death attorneys at Estes Personal Injury & Car Accident Lawyers are dedicated to providing compassionate and expert legal assistance. We are here to help you navigate the complex legal process and secure the justice and compensation your family deserves.

Contact Estes Personal Injury & Car Accident Lawyers, your wrongful death law firm, today to schedule a free consultation and learn how we can assist you during this difficult time.