Bryan-College Station Wrongful Death Attorney
Losing a loved one is one of the most difficult experiences families face. When a loved one passes away unexpectedly due to the negligent or wrongful actions of another person, it can be doubly hard to imagine how you can go on. These are deaths that should never have happened in the first place, leaving family members in extreme shock and distress. They are known as “wrongful deaths.”
In Texas, surviving family members of a decedent can file a wrongful death lawsuit to recover damages. A successful claim can help ease the financial burden of unexpected funeral and burial expenses, ongoing economic losses, and the pain and suffering from the loss of a loved one.
How Our Bryan-College Station Team Can Assist with Wrongful Death
Experiencing the loss of a loved one due to someone else's negligence is an unimaginable tragedy. At Paradowski Law, we believe it’s crucial for families to understand their rights during this difficult time. Navigating the legal landscape can be overwhelming, but you don’t have to do it alone.
When you work with our dedicated team, you gain access to personalized legal guidance tailored to your unique situation. We aim to empower you with knowledge about:
- Compensation Options: Learn about potential damages you may be entitled to, including medical expenses, funeral costs, lost wages, and emotional suffering.
- Legal Processes: Understand the steps involved in filing a wrongful death claim, including timelines and necessary documentation.
- Statute of Limitations: Be informed about the time limits for filing a claim in Texas, ensuring you don’t miss your opportunity for justice.
- Support Resources: Discover available support services, including counseling and support groups, to help you cope with your loss.
Our compassionate attorneys are here to help you seek justice and hold responsible parties accountable. Contact us for a free consultation and let us guide you through this challenging journey.
At Paradowski Law, we understand the pain you are going through and the emotional and financial challenges you face. Our Bryan-College Station wrongful death lawyer is ready to fight for you, to hold the responsible parties accountable, and to seek the maximum compensation you are owed. We know how to effectively communicate with insurance companies and are prepared to negotiate with opposing counsel. We also know how to go to trial if that is what it takes to secure the best possible outcome for you and your loved ones.
Call (855) 524-2976 or contact Paradowski Law online to schedule a free initial consultation with our Bryan-College Station wrongful death lawyer.
Understanding Wrongful Death in Texas
Wrongful death is governed by Texas Civil and Remedies Code Sections 71.001 to 71.003 which state that it consists of a person’s death or the failure of a fetus to be born alive due to the “wrongful act, carelessness, unskillfulness, or default” of another person or entity.
Wrongful deaths can be caused by negligence, as in motor vehicle and other types of accidents, through medical malpractice, or due to intentional acts, such as criminal attacks. While the negligent party or the perpetrator of a crime may be held responsible in the criminal court system, wrongful death cases are civil matters. This means they have a lower standard of proof than “beyond a reasonable doubt.”
Those prosecuted in the criminal courts are subject to criminal penalties such as prison time while those sued in wrongful death civil courts are subject to damages, such as compensation to the deceased person’s survivors for what they have suffered and lost.
FAQ: Bryan-College Station Wrongful Death Attorney
What is a wrongful death?
Wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional actions of another individual or entity. These deaths are considered preventable and give surviving family members the right to seek justice through a civil claim.
Who can file a wrongful death lawsuit in Texas?
In Texas, the following individuals can file a wrongful death claim:
- The deceased’s spouse
- Children (including adopted children)
- Parents of the deceased
If none of these individuals file a claim within three months of the death, the personal representative of the deceased’s estate may file on behalf of the survivors unless the family objects.
What types of damages can I recover in a wrongful death lawsuit?
Compensation may include:
- Funeral and burial expenses
- Medical bills related to the deceased’s injury or illness
- Lost income and financial support
- Loss of companionship, care, and guidance
- Emotional pain and suffering
What is the statute of limitations for wrongful death claims in Texas?
In Texas, you generally have two years from the date of the deceased’s passing to file a wrongful death lawsuit. Exceptions to this rule may apply in certain circumstances, so it’s important to consult with an attorney promptly.
What are the common causes of wrongful death?
Common causes of wrongful death include motor vehicle accidents, medical malpractice, workplace accidents, defective products, and intentional acts such as criminal attacks.
How are wrongful death claims different from criminal cases?
Wrongful death claims are civil cases, focusing on financial compensation for the family. Criminal cases, on the other hand, seek to penalize the wrongdoer with fines, imprisonment, or other punishments. The burden of proof is also lower in civil cases than in criminal cases.
How can a Bryan-College Station wrongful death attorney help me?
An attorney can assist by:
- Investigating the cause of death and gathering evidence
- Determining the liable party or parties
- Calculating damages and seeking maximum compensation
- Handling communication with insurance companies and opposing counsel
- Representing your case in court, if necessary
Call (855) 524-2976 or contact Paradowski Law online to schedule a free initial consultation with our Bryan-College Station wrongful death lawyer.
What To Do After a Wrongful Death
Following a wrongful death, there are a few important things to do. The first and most important thing to do is to get legal advice as soon as you can. This is especially crucial to do before you sign any incident-related paperwork. Legal advice from a qualified wrongful death attorney can clarify your rights and legal professionals can go over your future options with you.
Next, gather as much evidence as possible related to the incident. This could include medical records, witness statements, police reports, and any other relevant documentation. This evidence will form the basis of your wrongful death claim.
It is advisable to consider bringing a wrongful death lawsuit. Through this lawsuit, losses brought on by the death—such as burial costs, missed income, and pain and suffering—are being sought. To pursue a wrongful death claim, the deceased must have been eligible to do so had they lived to pursue a personal injury claim.
Who Can File Wrongful Death Claims in Texas?
In Texas, surviving family members of a decedent can file a wrongful death claim against the parties they believe are responsible for their loved one's passing. Wrongful death claims are typically made by spouses, children, parents, or other family members of the decedent. However, if they fail to file their claim within three months after the death, the claim can be filed by the executor of the decedent's estate.
Common situations that can lead to a wrongful death claim can include:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Construction accidents
- Bus accidents
- Train accidents
- Defective or dangerous products
- Defective or dangerous premises
- Oilfield deaths
- Offshore deaths
- Assault, battery, and homicide