Montgomery County Wrongful Death Lawyer Helping Residents in The Woodlands, Conroe, and Houston
It is difficult enough to lose a loved one to death. To lose a loved one to wrongful death may be even more distressing since it involves not a natural death by disease or accident, but an avoidable fatality for whom someone else bears legal responsibility. Wrongful death can be charged when some individual or entity (such as a school, camp, or recreational facility) has, through negligence, incompetence, or recklessness, caused a person to die. In Texas, wrongful death charges can also be brought when an unborn child at any stage of gestation is killed as a result of its mother’s personal injury.
If someone in your family has tragically suffered wrongful death, you should contact our personal injury attorneys at Adams Law Firm as soon as possible. Our talented attorneys have in-depth knowledge of wrongful death law in Texas. They are also empathic and will be kind and respectful of your recent traumatic loss.
After the Texas Legislature passed the Wrongful Death Act and the Survival Statute, personal injury claims could be pursued even when the injuries endured ended in the individual’s death. Now, the survivors of the deceased can sue for well-deserved damages after the death of their loved one. Once you engage the services of Adams Law Firm, we will take over all negotiation and litigation so that you can have peace of mind while you and your family recover from your terrible ordeal.
Who can file a wrongful death lawsuit in Texas?
According to Texas law, only closest relatives of the deceased — the parents, the children and the spouse — are legally permitted to file a wrongful death claim, individually or as a group. While in some states grandparents and siblings may also file claims, in Texas this is not permitted.
Damages Adams Law Firm Can Help You Obtain After a Wrongful Death
At Adams Law, you are our first priority. Our skilled wrongful death attorneys will fight tirelessly to obtain compensation for medical costs, funeral, and burial or cremation expenses, lost income of the deceased individual if he or she was a wage earner supporting others, and lost inheritance. In addition, we will fight to get you substantial damages for the physical pain and emotional suffering your loved one may have suffered before death, as well as for loss of companionship, consortium, or guidance of you and other close survivors.
Exemplary (punitive) damages are typically awarded in cases where excessive negligence caused the wrongful death. They are designed to punish the defendant and to discourage others from engaging in such dangerous behavior. It’s worth noting that you can file a wrongful death claim whether or not criminal charges have also been filed, and whether or not there is a guilty verdict.
Examples of Wrongful Death
Adams Law Firm handles wrongful death and survival claims involving all types of accidents, including:
- Vehicular accidents (car, truck, motorcycle, pedestrian)
- Construction, agricultural or industrial accidents
- Other workplace accidents
- Premises liability (e.g. if someone dies after falling on a wet floor)
- Professional malpractice
- Defective product liability
Elements of a Wrongful Death Claim
The elements of a wrongful death claim in Texas are:
- The person filing the claim is either the decedent’s surviving spouse, parent or child
- The decedent’s death resulted from the defendant’s wrongful conduct that caused injury
- The previously mentioned injury caused the decedent’s death
- The decedent would have been able to file a personal injury lawsuit if he or she had lived
The wrongful conduct that caused the decedent’s death may have involved reckless or impaired driving, a defective product, professional malpractice, premises liability or lack of proper training or supervision.
Contact Our The Woodlands Wrongful Death Attorney
If you have lost a loved one to wrongful death, you are probably overwhelmed not only with grief and loss, but with a sense of anger and injustice. You may also be feeling terrible anxiety about how the loss of income is going to affect your family.
Adams Law Firm is here to help. We are fully prepared to take over the logistics of your case and fight fiercely to obtain the substantial damages you deserve to put your family back on a stable financial footing. Though we cannot bring back the person you’ve lost, we will try our best to provide you with a sense of justice. Our compassionate attorneys will fight vigorously to win your case against the individual or entity responsible for the death that drastically changed your life. Contact us for a consultation regarding your case.