For more than 25 years, the accident attorneys of Roberts & Roberts have been representing people in Texas and across the nation in wrongful death lawsuits. If your loved one has been killed due to someone else’s negligent or intentional act, the wrongful death attorneys and staff at Roberts & Roberts can help.
Roberts & Roberts has established a national reputation for representing clients in significant personal injury matters. The firm has been featured on dozens of television programs, including Fox and Friends, ABC Good Morning America, CNN, MSNBC, Fox Business News, CNBC, and NBC’s Dateline. The firm’s accident attorneys have also been featured in magazines such as Time and Newsweek.
Contact our experienced personal injury lawyers at 903-597-6000 or 888-211-1233 or fill out our online form. We serve clients in Waco, Beaumont, Lufkin, Texarkana, Tyler and Longview, as well as throughout East Texas and across the state. The call costs you nothing … and it could mean everything.
We have a team of experts ready to assist you in holding the at-fault party accountable. We have experts who can determine how the fatality really occurred and who was to blame for the death. We also have economists who can calculate the damages suffered by the family as the result of a relative’s untimely death.
About Texas Wrongful Death Lawsuits
When the death of a family member results from someone else’s wrongful act, neglect or carelessness, Texas law considers it a “wrongful death.” In such circumstances, the law allows for just compensation for the wrongful or needless loss to the family.
Compensation for a wrongful death can cover many things:
- Loss of financial support;
- Loss of household services;
- Funeral and burial expenses;
- Medical expenses;
- Compensation for loss of the decedent’s love, affection and companionship.
Wrongful death claims can arise from many types of fatalities, regardless of whether they occur on the job, on the road, in a recreational environment, or from an unsafe product or sub-standard health care.
Texas statutes created the wrongful death cause of action to allow bereaved family members to recover damages under certain circumstances when their parent, spouse or child dies due to another party’s fault.
The law allows a wrongful death recovery “only if the individual injured would have been entitled to bring an action for the injury if the individual had lived.” However, unlike a survival action, a claim for wrongful death is the plaintiff-relative’s own cause of action, not simply one brought on behalf of the deceased’s estate.
Because negligent or intentional injuries can arise in almost any imaginable context, the same is true of wrongful death claims. There are some types of situations that are more likely to be the source of a Texas wrongful death action:
- Auto accidents;
- Tractor-trailer accidents;
- Medical malpractice;
- Products liability;
- Motorcycle accidents;
- Premises liability;
- Workplace accidents (although workers’ compensation death benefits are the only remedy in some instances);
- Construction accidents;
- Intentional felonious acts (for example, murder);
- Nursing home negligence;
- Toxic exposure.
Regardless of the situation, if your loved one’s death was caused by another party’s wrongful act, neglect or carelessness, you could be entitled to recover damages under a wrongful death lawsuit.
Who Can Bring A Texas Wrongful Death Claim?
Chapter 71 of the Texas Civil Practice and Remedies Code provides that wrongful death actions are “for the exclusive benefit of the surviving spouse, children, and parents of the deceased.”
The law allows one or more of those relatives to bring a lawsuit for the benefit of all parties. If none of the entitled relatives brings an action within three months after the death, the deceased person’s executor or administrator is authorized to file a case, unless all of the relatives who could benefit say not to.
The statute provides that the jury divides damages among the people who are entitled to recover for the wrongful death, and they must be living at the time.
You have two years from the date of death to bring a wrongful death case under Texas law.
What Type Of Damages Are Available Under A Texas Wrongful Death Claim?
The Texas Wrongful Death Act provides for both actual damages and exemplary damages, also known as punitive damages, if the death was “caused by the willful act or omission or gross negligence of the defendant.”
Damages are frequently based on the following considerations:
- Lost support from the deceased’s earnings;
- Lost companionship and household services;
- Funeral and medical expenses;
- Lost contribution to children’s education and upbringing;
- The survivors’ mental pain and suffering;
- Loss of inheritance.
Do I Need A Lawyer For My Wrongful Death Case?
Due to the complexity of wrongful death cases and the amount of potential damages at stake, you should consult with a qualified personal injury lawyer if you believe someone else was at fault for your loved one’s death. At Roberts & Roberts, the initial consultation is always free. There is never a charge unless we are successful and obtain a settlement or judgment for you.
We understand that immediately hiring an attorney may be the last thing on anyone’s mind after a loved one’s untimely death; unfortunately, insurance companies move quickly to begin their investigation. Delays in hiring an attorney can result in evidence being lost. Immediate investigation is important for determining who was really at fault.
There are many things we at Roberts & Roberts can do to help our clients, and the most important thing we can do is listen. We understand that someone who has lost a loved one has lots of questions and concerns.
While we cannot predict the future or guarantee results, we can try to answer your questions and keep you as informed as possible during the recovery process. Our goal is to address your concerns so that you can make informed decisions as we work together to get you the compensation you deserve for your loss.
Let the experienced wrongful death attorneys at Roberts & Roberts help you. Contact us now at 903-597-6000 or 888-211-1233 or fill out an online contact form.
