When a loved one is killed in an accident caused by another person’s negligence, the grieving process becomes emotionally draining. Unlike a death resulting from natural occurrences like old age or chronic illness, a wrongful death leaves the family of the deceased psychologically affected by the suddenness of their loved one’s passing. In most cases, surviving family members must grapple with significant financial implications that arise after a prolonged hospital stay. Additionally, the costs associated with funeral preparations further compound the burden, making it evident that wrongful death encompasses more than just emotional losses.
Fortunately, under Texas statutes, wrongful death is recoverable. According to Texas Statutes § 71.001, a wrongful death claim can be filed if the negligence, recklessness, default, carelessness, or unskillfulness of one party leads to the death of another. While the idea of seeking monetary compensation for the death of a loved one may seem daunting, obtaining justice for the deceased is paramount. It allows you to find closure while compensating you for the financial losses incurred throughout the process. Fortunately, a qualified Conroe wrongful death lawyer can guide you through the often complex legal procedures. Reach out to one of our dedicated personal injury attorneys to discuss your options for compensation.
Understanding the Texas Wrongful Death Statute
Every state in America is governed by state statutes. In Texas, the wrongful death statute defines wrongful death as an act of negligence or irresponsibility that results in the death of another person. If you strongly believe that an act of negligence contributed to the death of your loved one, this statute will define and shape your case. Under normal circumstances, you have up to 2 years to bring your case forward from the time of death. However, there are certain scenarios where this does not apply. They include:
- When the physical or mental impairment of the plaintiff prevented them from filing a claim within the two years.
- When the defendant’s negligence wasn’t established within the 2 years.
- When the plaintiff in the wrongful death case is a minor child.
If you are wondering what steps to take to ensure that you don’t compromise your wrongful death case, it’s important that you speak with an experienced legal professional. Don’t talk to just anyone; our lawyer is the go-to person for such matters.
Proving Negligence in a Fatal Accident Case
All personal injury cases in the United States, including wrongful death, are often determined based on negligence. These elements help establish liability. When someone acts negligently or recklessly, it means that they did something that a reasonable person would not have done. And if these actions or inactions cause harm to others, a claim can be brought forward. The four main elements of negligence you and your attorney need to prove are:
- A legal duty of care existed. For example, all drivers have a legal duty of care not to be intoxicated or to pay attention while behind the wheel.
- The duty of care was breached. From the examples above, the driver will be deemed to have breached the duty of care if he or she was drunk at the time of the accident or when he or she failed to pay attention to the road.
- The breach resulted in injuries, death, or general harm. The harm was directly caused or worsened by the breach of duty.
- Damages were suffered. This could be in terms of funeral costs, hospital bills, or lost wages.
Proving the four elements of negligence in a wrongful death claim requires the legal input of our dedicated Conroe lawyers. It is our job to investigate your case, establish fault, and prove that the defendant failed to maintain their duty of care towards your loved one.
For a free legal consultation with a wrongful death lawyer serving Conroe, call (832) 449-8230
Who Can File a Wrongful Death Claim in Conroe?
Unlike systems where the injured victim files a personal injury case on their own, a wrongful death case is quite different. Here, the deceased cannot do so. Therefore, it is important to understand how a wrongful death lawsuit works.
In Conroe, not just anyone can file a wrongful death case. If you wish to seek justice for your loved one, you must meet at least one of the following requirements:
- You are a surviving child of the deceased.
- You are a legally adopted child of the deceased.
- You are the official representative of the deceased’s estate.
- You are the surviving spouse of the deceased.
- You are the surviving parent of the deceased.
Before filing your fatal accident case, please consult with our skilled lawyers.
Conroe Wrongful Death Lawyer Near Me (832) 449-8230
Do You Have Questions? Call a Conroe Wrongful Death Attorney Today.
Losing a loved one due to the mistakes and negligence of someone else can be an overwhelming and confusing process. You may feel lost, unsure about how to make things right. If you are concerned about your next course of action or have questions concerning wrongful death claims in Conroe, do not hesitate to call us.
At Lone Star Injury Attorneys, our Conroe wrongful death lawyers are both compassionate and aggressive when it comes to handling wrongful death cases. We have the answers you need, and you can talk to our attorneys by scheduling a free case evaluation today.
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Call or text (832) 449-8230 or complete a Free Case Evaluation form