Your Baytown Wrongful Death Lawyer After An Accident

It’s impossible to imagine the pain of losing a loved one due to someone else’s carelessness. In an instant, their life is cut short, and their hopes, dreams and ambitions are extinguished. What can you do after a wrongful death like this?

First off, we offer our deepest condolences to you and your family. At Law Offices of Mark D. VanCleave, PLLC, we understand you shouldn’t have to face this burden alone. With over 25 years of experience in personal injury and wrongful death claims, we provide the compassionate yet aggressive support you need to navigate these emotional and legal challenges.

If someone you love has been killed due to the negligence or gross negligence of another person or company, that party should be held accountable. That’s what we do. Contact our firm today to begin your pursuit of justice. Call 281-720-6881 or complete our online form to schedule your free consultation.

What Is A Wrongful Death Claim?

Not all losses result from natural causes. Sometimes, another person’s negligence causes a passing; this is called a wrongful death. Unlike criminal cases such as murder, wrongful death claims address civil liability and seek compensation for the accompanying losses suffered by the surviving family. These claims also cover the deceased person’s suffering before their death.

Under the Texas wrongful death statute, a deceased person’s surviving spouse and children can recover damages for:

• Expenses associated with the injury and death of their loved one, including medical bills and funeral costs
• Loss of support
• Loss of consortium (i.e., loss of love, companionship and affection between the decedent and his or her surviving family members)
• Mental anguish
• Exemplary damages if the death was caused by the gross negligence or the willful act or omission by the defendant

To bring a claim for damages suffered by the deceased person prior to death (in legal terms, this is called a survival claim), the deceased person’s estate must have been filed for probate, and the estate representative will bring the claim.

Common Types Of Wrongful Death Claims

Various situations involving negligence or intentional harm can lead to wrongful death claims. Some of the most common types include:

• Auto accidents: These include car-only wrecks, 18-wheeler truck collisions and motorcycle crashes caused by recklessness or drunk driving
• Medical malpractice: This occurs when health care professionals fail to provide proper care to patients.
• Work-related accidents: These are particularly common in dangerous industries like construction or oil and gas.
• Defective products: A product defect can cause fatal injuries.
• Premises liability: This includes fatal slips and falls or accidents due to inadequate security.
• Criminal acts: These include assaults or shootings where property owners didn’t provide adequate security measures.

Surviving family members can pursue a claim through the court. In Texas, the statute of limitations for a wrongful death lawsuit is two years from the date of the person’s death. Don’t wait, though. Timely action can help the outcome of your case.

Evidence Needed To Bring A Wrongful Death Lawsuit

Recounting the circumstances of your loved one’s death is undoubtedly painful. However, gathering evidence related to their death is essential to a wrongful death case. It can help establish negligence and demonstrate the loss’s impact on your family. This evidence includes:

• Official reports: Police documentation; accident scene analysis
• Medical documentation: Treatment records; autopsy findings
• Witness accounts: Statements from those present
• Professional analysis: Insights from experts (e.g., accident reconstructionists)
• Financial records: Documentation of economic impact and future losses
• Visual evidence: Photographs; video footage
• Employment history: Records of career trajectory
• Personal property: Items showing familial relationship

Each piece helps create a full picture of what happened and its effects. Given the complexities of wrongful death lawsuits, especially concerning evidence, it is very important to consult with our wrongful death attorney as soon as possible.

Frequently Asked Questions About Wrongful Death In Texas

In conversations with clients, we frequently hear certain questions. Below are answers to some of those questions, which you may find helpful as you navigate this difficult time.

How long does a wrongful death lawsuit take? 

How long a wrongful death lawsuit takes depends on how complex your case is. It also depends on whether the case settles or goes to trial. Generally, it can take a year or more to reach a conclusion, especially when they involve complex legal issues or multiple parties.

Who can file a wrongful death lawsuit in Texas? 

The surviving spouse, children and parents of the deceased are the proper parties to bring a wrongful death action. If none of these individuals file a lawsuit within three months of the death, the executor or administrator of the deceased’s estate may file the lawsuit.

How long do I have to file a wrongful death lawsuit in Texas? 

As previously mentioned, the time limit for filing a wrongful death lawsuit in Texas is two years from the date of death. However, certain circumstances may extend or shorten this period.

Who can be held accountable for a wrongful death? 

Accountability in wrongful death cases can extend to various parties depending on the circumstances. This may include individuals whose negligent actions directly caused the death. It can also include companies responsible for defective products, property owners who failed to maintain safe premises or employers in cases of work accidents. In some situations, multiple parties may share liability.

How can a wrongful death attorney help with my claim? 

There’s no substitute for experienced legal representation in a wrongful death case. An attorney can gather evidence and represent you in court. They can also help calculate the full extent of your losses, including future economic impacts so that you can seek appropriate compensation for your family’s loss.

The Importance Of Timely Legal Action

When you are grieving for a loved one, filing a lawsuit is likely the last thing on your mind. But, it is important to avoid delays to protect your ability to pursue available wrongful death and survival claims and obtain the compensation your family deserves.

Call 281-720-6881 or send an email inquiry to request a free consultation today.