LEAGUE CITY WRONGFUL DEATH LAWYERS
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Thoughtful Wrongful Death Claim Representation
We represent families in the Greater Houston area and throughout Texas who have suffered the loss of a loved one due to negligence or deliberate misconduct on the part of companies or other individuals.
Wrongful deaths may result from the action or inaction of others, including:
- Employers who fail to institute adequate safety measures for their employees
- At-fault drivers in fatal car accidents
- Companies that manufacture defective products
- Contractors who are killed due to the negligence of the premises owner, refinery owner and chemical plant owner
If you have suffered the loss of a loved one due to someone else’s negligence, our experienced wrongful death attorneys can help you make informed decisions regarding your legal options. Our wrongful death lawyers can help you pursue a claim for maximum compensation and help you hold negligent parties accountable for your losses.
Please call us at (281) 645-5000 to schedule a free consultation with one of our attorneys. Wrongful death claims we have successfully pursued include those for families from League City, Galveston and throughout the Greater Houston area.
What Constitutes a Wrongful Death in Texas?
Under the Texas Civil Practice and Remedies Code 71.002, any death resulting from another’s wrongful, careless, negligent, or unskilled actions may constitute a wrongful death. This is true even if the death was not intentional. For example, if a store clerk was repeatedly asked to remove dangerous debris from an aisle but neglected to do so, and a customer was killed when he tripped over the debris and cracked his head on a metal shelf, the store clerk and/or store manager/owner may be liable for the victim’s wrongful death. The skilled wrongful death lawyers at Burwell Nebout Trial Lawyers can help you determine how to proceed.
Who Can File For Wrongful Death?
If you have lost a loved one due to the negligent or careless actions of another, you may be able to obtain substantial compensation by bringing a lawsuit against the at-fault party. But who has the right to file a wrongful death lawsuit? In Texas, the parties who can file a wrongful death lawsuit are limited to the spouse, parent, or child of the victim. Siblings, grandparents, and other extended family members are not eligible to do so.
There are two notable caveats to this strict rule:
- Common law marriages and spouses who are separated at the time of the incident may still be eligible; and
- The biological parent of an adopted child may not file a wrongful death claim for the child, nor may an adopted child file a claim for the wrongful death of a biological parent.
Although parents, children, and spouses have a right to seek compensation by bringing a wrongful death lawsuit, they must do so promptly. If no action is taken by one of these parties within three months of the wrongful death, action may be brought forth by the estate executor or administrator. If you have lost a loved one to a wrongful death, it is in your best interest to seek immediate legal counsel from an experienced wrongful death lawyer. Contact Burwell Nebout Trial Lawyers today for a free consultation.
Maximizing Your Compensation for a Wrongful Death Claim
The compensation awarded for wrongful death claims is usually based on the financial and emotional losses suffered by members of the victim’s immediate family. In cases of egregious negligence or willful misconduct, punitive damages may also be awarded to the family.
- Financial damages may include the loss of income to the family over an extended period of time. Medical and funeral expenses are also usually included.
- Noneconomic damages include pain and suffering for the family due to the loss of a parent, child or spouse.
- Punitive damages may also be awarded and are intended to punish individuals and corporate entities for extreme negligence that led directly to the victim’s death.
- Texas is one of 43 states that allow for punitive damages in wrongful death lawsuits. However, cases filed against government agencies may not be eligible for punitive damages awards.
The statute of limitations on personal injury and wrongful death claims in Texas is typically two years. Acting promptly to pursue your claim can allow your family to collect the full and fair compensation to which you are legally entitled.
Following the death of a loved one, the noneconomic and economic losses for which you may be able to obtain compensation include:
- Funeral and burial expenses
- Loss of the decedent’s income
- Loss of inheritance
- Loss of companionship
- Emotional pain and suffering
You may also be able to obtain compensation for survival expenses, which are losses experienced before your loved one’s death, such as their medical expenses, their pain and suffering, and other out-of-pocket costs.
Although wrongful death actions are generally limited to spouses, parents, and children, there are rare exceptions in which other family members can file a compensation claim. If a sibling pays for the funeral, for example, they may be able to recover those expenses. A League City wrongful death attorney can help you understand your rights and options.
Why Hire a League City Wrongful Death Attorney
Losing a loved one is a stressful and intensely emotional experience. Although compensation cannot fix things or make up for the loss of your parent, spouse, or child, it can provide the space and time needed to begin the process of healing. But dealing with this type of legal matter while grieving such a loss can seriously impede the healing process. That’s why it’s so important to hire an experienced, compassionate wrongful death attorney to advocate on your behalf.
A League City wrongful death lawyer will thoroughly analyze your case, calculate damages, gather evidence to support your claim, and negotiate for the maximum settlement so that you can focus on healing and getting your life back. You have been through enough—let the skilled legal team at Burwell Nebout Trial Lawyers take it from here.
At Burwell Nebout Trial Lawyers, our team of wrongful death lawyers will work with you to ensure that the parties responsible for your loss are held accountable. We are aggressive and proactive advocates of your best interests.
Frequently Asked Questions
Can Siblings Sue For Wrongful Death?
Generally speaking, only parents, children, and spouses can file a wrongful death claim. There are, however, rare instances in which a sibling can obtain compensation for expenses incurred, such as paying for the decedent’s funeral.
How Are Wrongful Death Settlements Paid Out in Texas?
In most cases, the at-fault party’s insurance company pays the wrongful death settlement in the form of a check to the beneficiary. If the damages are strictly compensatory (not punitive), they are not taxable.
How To Prove Wrongful Death in Texas?
By hiring an experienced TX wrongful death attorney, you dramatically improve your ability to prove that your loved one’s death was a direct result of another’s negligent actions. Your attorney will gather evidence to support this claim, but you can provide invaluable help by documenting as much information as possible. Pictures, medical bills, and important documents should all be stored in a safe place. It’s also wise to keep a journal of any relevant thoughts, details, or memories before they fade.
Is There a Cap on Wrongful Death in Texas?
In TX, there is no cap on wrongful death claims, with one notable exception—those related to medical malpractice. In cases involving malpractice, wrongful death damages are capped at $500 thousand, although this amount can rise to $1.5 million when adjusted for inflation. The cap is not extended to medical malpractice personal injury claims, however; it only applies to those that involve wrongful death.
Contact The Wrongful Death Trial Attorneys at Burwell Nebout Today
If you have lost a loved one due to the negligent, reckless, or careless actions of another, the skilled legal team at Burwell Nebout Trial Lawyers can help. We have helped countless individuals and families recover compensation through wrongful death claims after the loss of a loved one. Our experienced, compassionate team of wrongful death attorneys understands the emotional complexities of these cases, and how to obtain the maximum settlement for our clients in the timeliest manner possible. Do not attempt to go through this difficult process without the help of a knowledgeable wrongful death lawyer by your side. Contact Burwell Nebout Trial Lawyers today at (281) 645-5000 for a free and confidential consultation about your case.
