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.
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.
What Is 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.
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: