East Texas Wrongful Death Lawyer
Every day in Texas, many lives are lost—needlessly, senselessly, tragically—due to the carelessness, misconduct, or neglect of others. And each death leaves behind grieving loved ones, a broken community, and family members suddenly without the love, support, and care that they depend upon.
We know there is no way that any sum of money could ever be “enough” to make up for the tragic loss of a spouse, parent, or child. But when a loved one’s death was caused by the carelessness of another, surviving family members are entitled to seek compensation under Texas law. This compensation can help struggling families take care of funeral and burial expenses, replace lost income and benefits, and give them the financial foundation to rebuild their lives and move forward as best as possible.
If you or someone you love has been the victim of this type of carelessness, our wrongful death attorneys in Tyler and Longview can help. We encourage you to research our firm. We have hundreds of 500 five-star reviews from across the nation.
Why Choose Roberts & Roberts?
Roberts & Roberts has built a national reputation for standing up for our clients in personal injury, serious and wrongful death cases in East Texas. Our law firm, based in Tyler, TX, has been featured in dozens of television programs, including ABC Good Morning America, CNN, MSNBC, Fox Business News, CNBC and NBC’s Dateline.
Why choose us?
- We put our clients’ needs and wellbeing first. When clients come to see us about wrongful death lawsuits, they’re experiencing the darkest days of their entire lives. You can always expect our law firm to treat you and your family with compassion and dignity, help you in any way we can, answer all your questions, and put your best interests first.
- We leave no stone unturned. We conduct extremely thorough investigations and aggressively pursue every lead. This policy has resulted in uncovering unexpected critical evidence contributing to the wrongful death, such as a faulty seat belt or defective airbag inflator. In these situations, a surviving family may not only have a claim for insurance benefits, but also a claim against the vehicle’s manufacturer.
- We get results. Over the years, our firm has won millions for our clients. We aren’t afraid to take cases to court in order to get the best possible wrongful death settlement. Again, we know that money can never make up for losing a loved one. But we will fight hard to ensure that our clients are not taken advantage of, and those at fault are held fully responsible and accountable.
What is a Wrongful Death Claim?
When a family member dies in an accident as a result of the carelessness or negligence of another person, Texas law considers that a wrongful death. The law that governs fatal accident claims in Texas is known as the Texas Wrongful Death Act.
Under the law, those responsible for your family member’s death are held accountable to you for the harm they have caused you and your family. Compensation may provide financial security to your family, particularly when a family’s breadwinner is lost. And a jury verdict or settlement often gives a family a sense of closure, allowing you to move forward.
Wrongful death claims can arise from many different circumstances, regardless of whether they occur on the job, on the highway, in a recreational setting or from an unsafe product or substandard health care. Texas laws created wrongful death claims to allow bereaved family members to recover damages under certain circumstances when a parent, spouse or child dies due to the fault of another.
Who Can File a Wrongful Death Claim in Texas?
Under Texas’ wrongful death law, only immediate family members—that is, a surviving spouse, children, or parents—are initially eligible to file within the first three months after their loved one’s death.
If none of them file within that window of time, then a wrongful death claim may be filed by the personal representative (also known as an executor) of the deceased person’s estate.
What Damages Are Available in a Wrongful Death Lawsuit?
Compensation for wrongful death can cover many things, including:
- Loss of financial support. For example, a loved one’s income, benefits, pension, inheritance, or other financial contributions they would have contributed to the family if they had lived.
- Loss of household services. You can receive compensation for the loss of household services that a loved one performed, such as cooking, cleaning, etc.
- Loss of companionship and society. In other words, loss of the deceased family member’s affection, companionship, guidance, and other positive benefits of the relationship.
- Loss of consortium. This simply means the loss of the relationship benefits of a spouse.
- Emotional and mental anguish experienced by loved ones.
- Medical expenses.
- Funeral and burial expenses.
Punitive damages may also be awarded if the responsible party acted with gross negligence or extreme recklessness. These damages are meant to punish wrongdoers and deter similar acts by others. For example, if your loved one was killed by a drunk driver excessively speeding, or a serious workplace hazard that an employer knew about but failed to address, punitive damages may be awarded.
Note that in a wrongful death lawsuit, the damages correspond to losses experienced by the surviving family members as a result of that death. Whereas in a personal injury claim, damages correspond to the losses suffered by the person who was directly injured. If your loved one would have been eligible to file a personal injury claim of their own had they survived, the family may still be able to file a “survival action” claim on their behalf.
Common Causes of Wrongful Death
While almost any scenario can lead to a wrongful death, there are certain situations that are more likely to result in Texas wrongful death actions. Some examples are:
- Auto accidents
- Tractor-trailer accidents
- Medical malpractice
- Products liability
- Motorcycle accidents
- Premises liability
- Workplace accidents (although workers’ compensationdeath benefits are the only remedy in some instances)
- Construction accidents
- Intentional felonious acts (for example, murder)
- Nursing home negligence
- Toxic exposure
Whatever the cause, if your loved one’s death was caused by another party’s carelessness, misconduct or negligence, you could be entitled to recover damages by filing a wrongful death lawsuit. You have two years from the date of death to bring a wrongful death case under Texas law.
Learn more about damages in a wrongful death suit: What Damages Can Be Claimed in a Texas Wrongful Death Suit?
Do I Need a Lawyer For My Wrongful Death Case?
Because of the complexity of wrongful death cases and the potential damages, you should consult an experienced personal injury attorney if you believe someone was to blame for your loved one’s death.
We understand that someone who has lost a loved one has many questions and concerns. A Tyler and Longview wrongful death lawyer at Roberts & Roberts will listen to you and address your questions. Our goal is to answer your legal questions so you can make an informed decision with your family’s future in mind.
We cannot predict the future or guarantee results. But we can try to answer your questions and keep you informed during the recovery process. There is no charge for the initial consultation. We do not charge you anything unless we are successful and obtain a settlement or judgment on your behalf.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
When you hire our wrongful death lawyers, we do not charge you anything unless we are successful and obtain a settlement or judgment on your behalf for your wrongful death claim. More specifically, we work on a contingency fee, meaning that we are only compensated through a percentage of the recovery that we obtain for you.
Schedule Your Free Consultation with Our Wrongful Death Attorneys Today
It’s important to speak with a qualified, experienced attorney after an accident that results in a death. Very often, there is critical case-making evidence at the scene or in the vehicle that can ensure that your family is fairly and fully compensated by a wrongdoing driver, company, or manufacturer.
If you suspect that another person’s actions caused your loved one’s death, you should have a knowledgeable and experienced wrongful death lawyer review the facts. Our qualified lawyers will discuss your legal options free of charge.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.