Wrongful Death Attorneys – Accident Lawyers
A wrongful death occurs when a person loses their life due to the negligent, accidental or intentional acts or omissions of another person. The death can be the result of many types of incidents or accidents including a traffic collision (pedestrian, bicycle, motorcycle, car, truck, train, airplane, boat), a dog attack, nursing home abuse, product defects, work place safety violations or a slip and fall. When a wrongful death occurs, the decedent’s heirs, family members and other specified beneficiaries may have grounds to file a wrongful death claim against the person at fault for the death.
Our firm has been handling case of wrongful death for 30 years. Our expert trial lawyers have a wealth of experience in this area of the law. Our expert legal team is compassionate with our clients, but our attorneys are aggressive in the courtroom and work tirelessly to settle lawsuits against negligent defendants responsible for the loss of our client’s loved ones. Call for a free consultation .
So What Exactly is a Wrongful Death?
Under Chapter 71 of the Texas Civil Practice and Remedies Code, wrongful death claims can be filed by certain parties if the death is caused by the wrongful act, carelessness, unskillfulness, neglect, or default of another person or corporation.
Intentional – A wrongful death lawsuit brought against a party under an intentional tort would have to prove that the defendant knew his actions would cause injury or death, but he or she willfully or recklessly disregarded safety. Also, as a result of the defendant’s actions, another person was killed.
Negligence – This involves a defendant whose careless acts hurt another person, but they didn’t set out to hurt them rather it was an unintended consequence of their bad behavior. Some examples are a driver who falls asleep at the wheel or a homeowner who fails to enclose a swimming pool.
Strict liability – This is imposed on some defendants regardless of how careful they were or their degree of fault because they are engaged in very hazardous or activities that are inherently dangerous to others such as owning vicious animals, storing explosives or dangerous chemicals.
Why Do People File Wrongful Death Lawsuits?
The lawsuits are filed to provide financial support to the widows and orphans of people killed by another person’s actions. Criminal charges are a separate charge and its outcome against a defendant does not preclude a family member from filing a wrongful death lawsuit against that same defendant if they are freed. One famous example was the case of O.J. Simpson who was charged with murdering his wife Nicole Brown. Simpson was acquitted of the murder charges, but Brown’s family was successful in its civil suit against Simpson with a wrongful death claim.
When to File a Wrongful Death Case?
Contact our office immediately if you have a wrongful death claim. There are strict limitations set under law that define how much time you have to file this type of lawsuit. Our helpful attorneys and legal staff can answer any of your questions about wrongful death claims.
Statutes of Limitation:
Texas has a specific statute of limitations requiring that a wrongful death lawsuit be filed within two years of the deceased person’s death, unless one of a handful of clearly-defined exceptions applies to the situation.. Specialized attorneys who handle wrongful death claims know how to abide by these deadlines, but delaying contacting an attorney can hurt your chances of a wrongful death settlement.
Who Can File a Wrongful Death Claim?
In Texas, the parents, the children and the spouse of the deceased may file a wrongful death claim. A child may seek compensation in relation to a parent’s death even if he or she is over the age of 18.
Compensation for wrongful death can include:
Funeral and Burial Expenses
Survivor’s Pain and Suffering
Loss of Companionship, Care, and Affection
Loss of Future Anticipated Earnings
Loss of Benefits to Heirs
Free Wrongful Death Consultation:
If someone in your family has died due to negligence, it’s time to seek help. Call for a confidential talk with an experienced and caring wrongful death attorney who can give you sound advice on how to pursue your injury claim.
Our Wrongful Death Law Firm Works on Contingency Fee
WE ONLY GET PAID, WHEN YOU GET PAID.
Once we decide to take you on as a client, we get paid only if we win your case. We charge no upfront fees or costs, no filing fees, or court costs. We get paid when you get paid. Our attorneys want to help you with your case. Contact us today for a free confidential consultation with one of our helpful attorneys who can answer all your questions and help you determine whether you have a case against another party. More information on this website