Protecting your family after a fatality - Woodlands Wrongful Death Attorney

 

If your spouse, parent or child has suffered a fatal injury in an accident or due to the violent act of another, it is important to retain an experienced wrongful death attorney as soon as possible so the attorney can gather and preserve critical evidence before it is destroyed.

 

 

Economic damages, such as medical bills, funeral expenses, lost wages and loss of household services can be recovered in a wrongful death claim.

 

Non-economic damages such as emotional pain and suffering, loss of companionship, and mental anguish are recoverable.

 

Punitive damages may be awarded in cases where the person causing the death acted with malice or gross negligence. These damages are designed to punish the wrongdoer and to act as a deterrent to others who may engage in the same wrongful behavior.

 

 

As a general rule, the statute of limitations for wrongful death is two years from the date of the negligence resulting in the fatality. This means you will have two years from the date of the negligence to file suit. However, it is advisable to retain a wrongful death attorney as soon as possible since it is important to gather evidence before it is destroyed.

 

 

The surviving spouse, children and parents of the person who died has a right to bring a wrongful death claim. If the spouse, children or parents don’t bring the wrongful death claim, then the executor or administrator of the estate has the right to bring the wrongful death claim.

 

If your family member did not die immediately, a personal injury claim may be filed for treatment expenses and each beneficiary of the estate may receive a portion of the recovery. 

 

 

A person who negligently, recklessly or intentionally caused the death of a person may be held responsible. Examples of wrongful death claims include trucking and automobile collisions, medical negligence, products liability, on the job injuries, and deaths due to inadequate security of premises.  

 

 

In Texas, you must prove that a legal duty owed to the deceased was breached, causing the wrongful death. For example, there is a legal duty to operate a truck in accordance with the traffic laws in Texas. If the truck driver is speeding or fails to keep a proper lookout causing a wrongful death, that duty is breached and the trucking company may be liable for the wrongful death.

 

 

The attorneys at Wham & Rogers handle wrongful death cases on a contingency basis. This means that you do not have to pay us unless there is a monetary recovery in the wrongful death claim.

 

The attorneys at Wham & Rogers are experienced in handling wrongful death claims with skill, kindness and compassion.