There is nothing our legal team can say or do to eliminate the pain and loss you experience when someone’s negligence leads to their death. Your family is our priority in these situations, as is getting justice for your loved one.
At Lowe Law, our Pearland wrongful death lawyer is the resource you can count on right now. Set up a free consultation with our Pearland personal injury lawyer to discuss your case with our team. We have recovered millions for our clients since our founding in 2016.
Types of Wrongful Death Cases
Wrongful death can occur in many ways, leading to numerous parties being accountable for the losses incurred. Our experienced legal team can help you pursue compensation for your losses if you believe your loved one lost their life as a direct result of another party’s negligence. The following are some of the most common causes of such cases we handle (though this is not an exhaustive list):
- Motor vehicle accidents, including car, truck, motorcycle, and bus accidents
- Pedestrian accidents
- Premises liability matters, including drowning in pools, dog attacks, and falls from heights
- Medical malpractice matters, including surgical errors, failure to treat, and missed diagnosis cases
- Assault cases of all types
- Product liability cases, including medication failures, explosions, and manufacturing defects
In these cases, we must demonstrate that the party we accuse of being at fault owed your loved one a duty of care and failed in that duty of care in some way. That failure led to the accident that resulted in the loss of life. Each of these four elements is critical to prove negligence under Texas law, and you can expect us to find and build a case like this.
What Wrongful Death Laws Apply to Your Situation
Wrongful death occurs when the negligent actions of another person, business, or entity lead to the loss of life of a person. In these situations, close family members may file a civil lawsuit against those at fault, holding them accountable for the losses the deceased person suffered and those the family will continue to experience. There are several critical elements of these laws you must know.
First, in most situations, victim families have two years from the date of a person’s death to take legal action to file a lawsuit. This means that, if you do not file a lawsuit within two years (Civil Practice and Remedies Code Chapter 71), you can no longer do so, as the court will not hear your case. This is not a lot of time to build a claim with ample evidence. We encourage you not to wait to seek legal guidance.
Several parties can file a wrongful death lawsuit based on their relationship with the deceased. This starts with the surviving spouse, which in Texas includes a common-law spouse, and then the children of the person who died. If there is no spouse or children, the individual’s parents can file a lawsuit. In addition, the court can assign a personal representative to seek legal action on behalf of the deceased party’s estate.
Do Not Accept a Settlement Just Yet
It is not uncommon for an insurance company to approach the family of a person who lost their life to offer a settlement for their role in the incident. Though this may seem like a kind and easy gesture, it often happens because the insurance company knows there is much more on the line. There are several steps you should take now if this happens to you.
- Do not provide any information or data to the insurance company contacting you in this case
- Contact our Pearland wrongful death attorney for immediate help in navigating what occurred
- Start documenting and preserving evidence related to the accident or injury, including all statements and witness names that could provide clarity in your case
- Speak to the medical provider who treated your loved one after the death, and allow us to interview them to determine the cause and implications
- Do not make any claim or sign any document from the insurance company until you have full clarity on whether the claim is comprehensive and legitimate.
Our wrongful death attorney in Pearland has experience navigating these claims and the tactics of insurance companies trying to save money. After such a devastating situation, you need and deserve an advocate who will pursue fair compensation for you and hold those responsible accountable. You deserve justice, and we will fight for it. Talk to the team at Lowe Law today and review our FAQs.
Types of Compensation Paid in a Wrongful Death Case in Pearland
One of the critical services we provide to our clients is an understanding of their rights to pursue financial compensation. Often, families do not want to take such actions because they can be painful. However, your losses are numerous, and these actions could impact you for decades to come. Some of the losses you may seek include:
- Final medical costs and care provided
- Loss of earnings during the period of the accident and death
- Final expenses, including burial and funeral costs
- Pain and suffering your loved one endured
- Loss of financial compensation and support as a dependent of a breadwinner in the home
- Loss of companionship and guidance from that individual
- Your own pain and suffering
Each situation is vastly different from the next, but our wrongful death attorney will explore every avenue possible to build a robust claim for you.
These funds can help you to continue your lifestyle and allow you to grieve while you work to piece together your future. This is not easy, but we can alleviate a great deal of the pain you are facing in such an accident and loss.
Speak to Our Pearland Wrongful Death Attorney Now
You may not know if you have a wrongful death case. Many people do not. Our wrongful death lawyer in Pearland offers a free consultation to help you learn more about your options and rights.
Expect us to be aggressive in representing you and seeking justice for your loved one. Contact Lowe Law now to work with our attorney to get the answers and support you need.