The death of a loved one can be tragic no matter what the circumstances, but when it is the result of someone else’s negligence or wrongful act, it can be unbearable. You deserve compensation if someone causes the death of your loved one. You need a passionate, aggressive personal injury attorney who will represent you and your family’s interests during this difficult time.
At The Karam Law Office, our experienced Sugar Land wrongful death lawyers will help you get justice against a liable party. We are fierce advocates for our clients, fighting hard to get the largest recovery available under Texas law. If your loved one was killed as the result of someone else’s conduct, contact our offices today for a free consultation.
What is Considered a Wrongful Death Lawsuit?
Texas defines wrongful death under Chapter 71 of the Texas Civil Practice and Remedies Code. According to Section 71.002, a person may bring a cause of action for wrongful death if the death is caused through the “wrongful act, neglect, carelessness, unskillfulness, or default” of another.
Who Can File a Sugar Land Wrongful Death Lawsuit?
Under Texas Civil Practice and Remedies Code Sec 71.004, a “surviving spouse, children and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.”
Additionally, if a cause of action is not brought within three months of a person’s death by the surviving spouse, children or parents of the deceased then an “executor or administrator of the decedent’s estate shall bring and prosecute the action unless requested not to by all those individuals.”
Common Causes of Wrongful Death Claims in Texas
Wrongful death claims arise from a variety of circumstances, including:
- Motor Vehicle Accidents: Drunk driving, distracted driving, or reckless behavior.
- Medical Malpractice: Misdiagnosis, surgical errors, or medication mistakes.
- Workplace Accidents: Falls, equipment malfunctions, or exposure to hazardous materials.
- Defective Products: Faulty machinery, unsafe consumer products, or defective medical devices.
- Criminal Acts: Homicide or other violent crimes.
Each case is unique, and establishing liability requires a thorough investigation by a skilled Texas wrongful death law firm.
Damages in a Sugar Land Wrongful Death Lawsuit
Texas allows for a person to recover economic and noneconomic damages in a cause of action for wrongful death. Under certain conditions, Texas law allows a family member to recover exemplary damages.
Exemplary damages are codified into law under Chapter 41 of the Texas Civil Practice and Remedies Code and are awarded as a penalty or by way of punishment, including punitive damages.
According to section 71.009 of the Texas Civil Practice and Remedies Code, “when the death is caused by the willful act or omission or gross negligence of the defendant exemplary as well as actual damages may be recovered.”
It is important to note that you only have a limited amount of time to seek damages. According to Sec. 16.003, a person has two years to bring a cause of action for wrongful death. While there are some limited exceptions, it is essential to consult a leading wrongful death attorney as soon as possible after the death of a loved one.
Wrongful Death Statute of Limitations in Texas
Under Section 16.003 of the Texas Civil Practice and Remedies Code, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. While there are limited exceptions to this rule, it’s crucial to act quickly. Consulting a Texas wrongful death attorney as soon as possible ensures your case is filed within the required timeframe.
Establishing Liability in Texas Wrongful Death Claims
Proving liability in a wrongful death case requires demonstrating the following elements:
- Duty of Care: The defendant owed a duty of care to the deceased (e.g., a driver must follow traffic laws).
- Breach of Duty: The defendant failed to meet this duty through negligence or wrongful actions.
- Causation: The breach of duty directly caused the death.
- Damages: The family suffered measurable losses as a result of the death.
A skilled wrongful death lawyer in Texas will gather evidence, consult experts, and build a strong case to establish liability.
Wrongful Death Statistics in Sugar Land
Sugar Land, like many areas in Texas, sees its share of wrongful death cases. From fatal car accidents to workplace injuries, these tragedies highlight the importance of holding negligent parties accountable. While specific statistics vary, Texas consistently ranks among the states with the highest number of wrongful death claims due to its large population and high traffic volume.
Finding the Right Sugar Land Wrongful Death Attorney
If your loved one was killed as the result of someone’s negligence or wrongful act, you deserve compensation. At The Karam Law Office, we will fight to get you the recovery you need. We know that no amount of money can bring back your family member, but we can help hold the people accountable for their wrongdoing. We are a results-driven law firm dedicated to getting justice for those injured or killed by the wrongful actions of others. Contact our office today for a free consultation.
FAQs
Can I still bring a claim if my loved one was partly at fault?
Yes, Texas follows a modified comparative fault rule. As long as your loved one was less than 51% at fault, you may still recover damages. However, the compensation may be reduced based on their percentage of fault.
What if multiple parties were responsible for the death?
In cases involving multiple liable parties, Texas law allows you to pursue claims against all responsible individuals or entities. Each party’s liability will be determined based on their contribution to the wrongful death.
What evidence is needed to prove a wrongful death case?
Key evidence includes:
- Police reports or accident reports.
- Medical records and autopsy reports.
- Witness statements.
- Expert testimony (e.g., accident reconstruction specialists).
- Photographs or video footage of the incident.
A Texas wrongful death law firm will help you gather and present this evidence effectively.
