The death of a loved one is never easy. However, these situations can be even more difficult in cases where a person was killed because of someone else’s actions or negligence. As family members work to pick up the pieces, address their expenses and financial issues, and determine how they will be able to move forward with their lives, they will want to determine whether they can take legal action against a person or company who was responsible for their loved one’s death. A personal injury lawyer who is experienced in these types of cases can help a family determine the best steps to take to address their losses and the ways they have been affected.

The Law Office of Shane R. Kadlec assists with multiple types of injury cases, including situations involving fatal accidents and injuries. Our founder, Attorney Shane Kadlec, has more than 25 years of experience in this area, and he has helped our clients receive millions of dollars in compensation. As you deal with the aftermath of a loved one’s death, we can help you demonstrate that they were killed because of someone else’s negligence, and we will work to make sure your family will be fully compensated for all of the damages you have suffered.

What To Know About Wrongful Death Claims in Texas

Certain family members can take legal action to recover compensation for a loved one’s wrongful death. The deceased person’s spouse, children, or parents may file a wrongful death claim, and these claims must be filed within two years after the date of the person’s death. Continue reading to learn more helpful information you may need to know regardling wrongful death claims in Harris County, TX.

What is The Discovery Rule in Texas for Wrongful Death?

In Texas, the Discovery Rule affects the timing of when a wrongful death lawsuit can be filed. Typically, the statute of limitations for wrongful death claims is two years from the date of the deceased’s death. However, the Discovery Rule may extend this period if the cause of death was not known or could not reasonably have been discovered within that time. This rule is particularly relevant in cases involving medical malpractice or where the cause of death was concealed. Families must be vigilant and seek legal guidance promptly to ensure they do not forfeit their right to file a claim due to statutory deadlines.

Who is Eligible to File A Wrongful Death Claim in Texas?

In Texas, wrongful death claims can be filed by the deceased’s immediate family members, including spouses, children, and parents. These family members can file individually or as a group. Adoptive parents and adopted children are also eligible if the adoption was fully and legally completed. It’s important to note that siblings, whether biological or adopted, are not eligible to file wrongful death claims in Texas. This eligibility is designed to ensure that those most directly affected by the loss have recourse to seek compensation.

How is Wrongful Death Proven in Texas?

Proving wrongful death in Texas hinges on establishing that the defendant was negligent, and that their negligence directly caused the death of the loved one. The claim must demonstrate:

  • A duty of care existed between the deceased and the defendant.
  • There was a breach of this duty.
  • The breach directly resulted in the death.
  • Damages resulted from the death.

This often requires comprehensive evidence gathering, expert testimony, and meticulous legal argumentation, underscoring the necessity of having an experienced wrongful death attorney.

A wrongful death claim or lawsuit will seek to recover compensation for damages suffered by the deceased person’s family members. These damages may include:

  • Loss of income: The income earned by a deceased person may have been crucial for ensuring that a family was able to pay ongoing expenses. Family members may be compensated for the income that a person would have been expected to earn during the rest of their natural lifetime, as well as other benefits they may have provided to their family, such as health insurance coverage.
  • Loss of inheritance: If a person had not died, they may have been able to save money or increase the value of their assets and leave inheritances to family members. If a person’s death affected family members’ ability to receive an inheritance, they may be compensated for these losses.
  • Loss of services and support: If the deceased person had not been killed, they may have been able to provide multiple services to their family members, such as managing household duties and offering instruction and guidance to children. Family members may be compensated for their inability to receive these forms of support from their loved one.
  • Loss of companionship: Family members will suffer from the inability to have a loving relationship with their deceased loved one, and they may seek compensation to address this loss of love and comfort.
  • Mental anguish: When dealing with a person’s untimely death, family members may experience grief, sorrow, and other forms of emotional trauma, and they may be financially compensated for the ways these issues have affected their ongoing well-being.
  • Survival damages: A deceased person’s estate can pursue compensation for damages that would have been available in a personal injury lawsuit had the person not died. These damages may include the costs of medical treatment the person received and the pain and suffering they experienced while they were still alive.
  • Punitive damages: If the person responsible for someone’s death acted with gross negligence or intentionally meant to cause harm, additional damages may be awarded as a form of punishment. These damages may be available in cases where a person was killed by a drunk driver or other situations involving a blatant disregard for safety.

Fatal Accidents in Houston

Houston, with its vast and bustling urban landscape, sees a variety of fatal accidents. Understanding these can help in prevention and in seeking justice for wrongful death cases.

What Are The Most Common Fatal Accidents in Houston, TX?

  • Traffic Accidents: Including car, motorcycle, and pedestrian accidents, often due to high speeds, distracted driving, and heavy traffic conditions.
  • Workplace Accidents: Particularly in industries like construction and oil drilling, where the risk of fatal injuries is higher due to hazardous working conditions.
  • Medical Malpractice: Cases where healthcare professionals fail in their duty of care, resulting in fatal outcomes.
  • Slip and Fall Accidents: Particularly among the elderly, these can occur in public places and residential areas.
  • Drowning: Occurring in private pools, public swimming facilities, or as a result of floods in low-lying areas.

How Do I Find The Best Lawyer in Houston for a Wrongful Death Claim?

Choosing the right lawyer for a wrongful death claim in Houston is critical to the success of your case. Here’s what to look for:

  • Specialization: Look for a lawyer who specializes in wrongful death claims, like the team at The Law Office of Shane R. Kadlec.
  • Experience: Choose an attorney with a proven track record in handling and winning wrongful death cases.
  • Reputation: Consider a lawyer with positive testimonials and high ratings in the community and industry.
  • Compassion: You want a lawyer who understands the emotional difficulty of your situation and treats you with empathy.
  • Availability: The best lawyer for your needs will be accessible and willing to answer your questions throughout the process.
  • Local Knowledge: A lawyer familiar with Houston’s legal landscape, like Shane R. Kadlec, can navigate local laws and court systems effectively.

At The Law Office of Shane R. Kadlec, we meet all these criteria, providing experienced, compassionate, and dedicated legal representation to make sure that your rights are protected and you receive the justice and compensation you deserve.

Contact Our Houston Wrongful Death Lawyers

If your family member has been killed because of someone else’s negligence or intentional actions, we can help you take legal action to address your losses. Contact us and arrange a free consultation by calling 281-643-2000. We assist with wrongful death and other personal injury cases in Fort Bend County, Galveston County, Katy, Sugar Land, Bellaire, Montgomery County, Liberty County, Memorial, Brazoria County, Houston, the Gulf Coast, West Houston, Harris County, The Woodlands, Chambers County, Pearland, and Waller County.