Nothing can be more devastating than losing a loved one due to someone else’s negligent actions. At Amanda Demanda Injury Lawyers, our wrongful death attorneys Katy, TX strongly support and represent grieving families, helping them pursue justice and compensation after such an unimaginable loss.
While no amount of money can ever bring back your loved one, Texas law provides a path for families to seek accountability and financial relief through a wrongful death lawsuit. Our role is to assist you through this legal process with compassion, determination, and aggressive advocacy.
What Is Considered a Wrongful Death Under Texas Law?
Under Texas Civil Practice and Remedies Code § 71.002, a “wrongful death” occurs when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another party. Essentially, a wrongful death claim arises from the same circumstances that would have supported a personal injury lawsuit had the victim survived.
These cases may involve:
- Fatal car, truck, or motorcycle accidents
- Workplace accidents
- Construction accidents
- Boating accidents
- Premises liability (slip and falls, unsafe property conditions)
- Defective products
Our legal team in Katy knows how to build strong wrongful death claims by thoroughly investigating the incident, preserving key evidence, and identifying every liable party.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law limits who can file a wrongful death claim. The following individuals are legally allowed to pursue compensation:
- Surviving Spouse
- Children (biological or legally adopted)
- Parents (biological or adoptive)
If none of these eligible parties files a wrongful death claim within three months of the date of death, the executor or personal representative of the deceased’s estate may file the claim instead (unless all eligible surviving family members request that no lawsuit be filed.)
Amanda Demand Injury Lawyers works closely with families to ensure all claims are properly filed and that the rights of surviving family members are fully protected.
Compensation Available in Texas Wrongful Death Cases
Wrongful death damages in Texas are intended to compensate surviving family members for both financial and emotional losses. These damages may include:
- Loss of Financial Support: The deceased’s lost earning capacity and the financial contributions they would have made.
- Loss of Household Services: The value of the household services the deceased provided, such as childcare, cooking, or maintenance.
- Loss of Companionship and Society: Compensation for the emotional pain and loss of love, companionship, comfort, and guidance.
- Mental Anguish: Emotional suffering endured by surviving family members.
- Loss of Inheritance: The amount of savings or wealth the deceased would have left to surviving heirs had they lived a normal lifespan.
In exceptional cases, we may also pursue exemplary (punitive) damages if the death was caused by gross negligence or intentional misconduct.
Survival Claims vs. Wrongful Death Claims
In addition to wrongful death claims, Texas law also permits survival claims under § 71.021. A survival claim is distinct from a wrongful death lawsuit. While a wrongful death claim seeks to compensate surviving family members for their losses, a survival claim is brought on behalf of the deceased’s estate for the harm the deceased person experienced before death.
Through a survival claim, we can pursue damages such as:
- Medical expenses related to the fatal injury
- Pain and suffering the deceased endured before death
- Funeral and burial costs
- Property damage losses
Our Katy, TX wrongful death lawyers may pursue both wrongful death and survival claims together to maximize the total recovery for our clients.
Wrongful Death Statute of Limitations in Katy, TX
Texas law generally allows two years from the date of death to file a wrongful death lawsuit, though exceptions may apply in certain cases. Failing to file within this time frame can permanently bar your right to compensation.
If your loved one’s death was caused by another’s negligence or misconduct, we urge you to act quickly. Let wrongful death and personal injury lawyers in Katy, TX review your case and begin pursuing justice on your behalf.
How We Prove Liability in Wrongful Death Cases
Proving wrongful death liability requires a strategic legal approach. Our Katy fatal accident lawyers take the following steps to build a compelling case for damages:
- Detailed Investigation: We conduct in-depth investigations to uncover the full facts and identify all responsible parties.
- Evidence Gathering: We move fast to secure critical evidence, including accident reports, surveillance footage, witness statements, and photos and videos.
- Expert Testimony: We may work with medical experts, accident reconstructionists, and economists to demonstrate liability and damages.
- Building a Strong Legal Case: We compile comprehensive evidence showing that the at-fault party’s negligence or misconduct caused the death.
Choose Our Katy Wrongful Demise Legal Services
At Amanda Demanda Injury Lawyers, our Katy, TX wrongful death attorneys will leave no stone unturned to prove liability and recover the highest possible compensation for your tragic loss. Let us handle your case with the sensitivity and skill it deserves. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
