Missouri City Wrongful Death Lawyer

When someone else’s intentional, reckless, or careless acts cause a death, the family could bring a lawsuit in civil court seeking compensation. Taking legal action can hold the wrongdoer accountable and could provide some emotional closure, in addition to financial relief.

If your family has lost a loved one recently, contact a Missouri City wrongful death lawyer. A compassionate personal injury attorney could discuss your situation and determine whether you have the basis for a civil suit. If so, they fight to have your family receive appropriate compensation for the loss of your loved one.

When Can a Family Bring a Wrongful Death Lawsuit?

A wrongful death lawsuit could be possible and appropriate whenever the actions of a person, business, or government contributed to an incident that killed someone. The responsible party’s behavior must be intentional, reckless, or negligent. Negligent means the party did not use appropriate caution to prevent a foreseeable injury to someone else.

Wrongful death lawsuits are possible in many circumstances. A family could sue for wrongful death after a car accident, workplace incident, a drowning in a public pool or park, or any other preventable fatal incident. A Missouri City attorney could analyze the circumstances of a loved one’s death to determine whether evidence proves the fatality resulted from negligence or intentional conduct.

Criminal acts that end in death could lead to a wrongful death suit. A prosecutor might bring a criminal case against the wrongdoer, but even when the prosecutor is successful and wins a conviction, the family does not receive anything. A wrongful death civil lawsuit could force the defendant to pay a financial penalty.

Process for Suing after a Wrongful Death

Texas Civil Practice and Remedies Code § 71.004 says immediate family members of the deceased person can file a lawsuit seeking damages. They can file together, or one family member can be the plaintiff and sue on behalf of all the immediate family.

The family has two years from their loved one’s date of death to sue. If the deceased person survived their injuries for a time before succumbing, the family also could bring a separate lawsuit called a survival action. A wrongful death lawsuit seeks compensation for the family member’s losses, and a survival action seeks the compensation the deceased person would have been entitled to receive if they had lived.

In both of these actions, the plaintiff must prove that the other party’s negligence caused the loved one’s death. A Missouri City attorney could investigate the wrongful death and present compelling evidence showing the other party is responsible for causing the situation.

Compensation for Wrongful Death

A wrongful death lawsuit claims the defendant owes the family the value of the deceased person’s contributions to the household. If the deceased person was a breadwinner and helped support the household, family members could claim the money that person would have earned until they reached retirement age, plus the value of any benefits that accrued to the family, like health insurance. Children and a spouse could claim the money the deceased person would have put away for their inheritance.

Most people have talents or services they contribute to their household, like cooking, childcare, lawncare, home maintenance, or providing transportation. The family is entitled to receive the cost of replacing those services, and the defendant could compensate the family for the grief and emotional anguish they suffered.

Family members receive the compensation from a wrongful death settlement in Missouri City and can decide between themselves how much each family member should receive. If the case goes to a trial, the jury decides how much each relative should receive.

Compensation in a survival action includes the deceased person’s medical expenses, lost wages, and money for their pain and suffering in the period after the accident and before their death. Their estate receives the money and a personal representative must pay the deceased person’s debts before distributing the remainder of the money to heirs.

Pursue a Wrongful Claim with a Missouri City Attorney

A loved one’s unexpected and preventable death is a tragedy that many families never get over. Although seeking financial compensation will not relieve your family’s grief, it can provide a sense of purpose, justice, and security for the future.

Contact a Missouri City wrongful death lawyer if you lost a loved one in an incident that was someone else’s fault. Schechter, Shaffer & Harris could advocate for your family to receive appropriate compensation after your loss.