Losing a loved one is one of the hardest things to go through, especially if their life was cut short because of another person or companies negligence. When you lose a loved one because of the carelessness of another person or company, you have the right to compensation for the wrongful death.
Nothing can bring back the person you love, but the law allows you the right to seek justice. The wrongful death litigation process can be complicated, so it’s best to go about it with an experienced attorney.
Attorney for Wrongful Death in Montgomery County, TX
If the life of someone you love was cut short due to another’s negligence, Evans & Powell, PLLC can help you bring justice against that person or company. Our attorneys are experienced with wrongful death claims and will do everything in their power to ensure that you receive fair and full compensation.
Call Evans & Powell, PLLC today at (936) 622-2000 to schedule a free case consultation, or submit your information in the online contact form. We represent clients with wrongful death cases in communities across Montgomery County such as Willis, Porter Heights, Woodbranch, Cut and Shoot and many others.
Overview of Wrongful Death in Montgomery County, TX
- What is a Wrongful Death?
- Who can File a Wrongful Death Suit?
- What can be recovered in a Wrongful Death Suit?
Wrongful death is defined under section 71.002 of the Texas Statutes as a death that occurred because of:
- An illegal act
There are many different causes of wrongful death, but they typically follow a fatal accident such as:
- Medical malpractice
- Oilfield or construction site accidents
- Auto accidents caused by a negligent driver or dangerous roads
- Accidents caused by dangerous or defective products
- Nursing home negligence
Because there are so many different acts that could cause wrongful death, it is always best to discuss the matter with an experienced attorney who can help you decide the correct legal path for your situation.
Texas law allows for certain individual to file suit to recover damages in a wrongful death cause. Just because you were a close friend of the person who wrongfully died, does not give you the legal right to file a wrongful death suit.
Section 71.004 of the Texas Civil Practice and Remedies Code allows for the following individuals to file a suit and recover damages:
- Surviving spouse
- Parents of the deceased
The executor or personal representative of the deceased individual’s estate may file a wrongful death suit if the surviving spouse, children or parents fail to do so within three months of the individual’s date of death.
Adopted children also have the right to file a wrongful death claim for their adoptive parents, but only if the child was legally adopted by the deceased parent. It’s worth noting that adoptive children do not have the right to file a wrongful death claim for their biological parents.
Whether biological or adopted, surviving siblings do not have the right to file a claim for their deceased brother or sister unless they have been appointed as legal representative of the estate.
The value of every wrongful death claim will vary, but family members can seek significant monetary compensation for the wrongful death of their loved one. Under Texas law, wrongful death claims can involve compensation for the following damages:
- Loss of Income and financial support of the deceased
- Lost companionship and love
- Emotional and mental pain, suffering and anguish
- Loss of inheritance
- Loss of care, maintenance, support and services of the deceased
Damages will be added together and awarded as a single settlement. If the surviving spouse, children and parents file a joint claim, the court will decide the proportion of loss for each family member and the claimants will then divide the compensation to their percentage of loss.
If the wrongful death was the result of an intentional violent act or gross negligence, the court might also award punitive damages. Punitive damages are awarded to punish and deter wrongful acts. Certain factors of your case will determine whether or not the court grants punitive damages.
Additional Resources for Wrongful Death in Montgomery County, TX
Civil Practice and Remedies Code | Chapter 71 Wrongful Death- Familiarize yourself with the states wrongful death laws. The code defines what wrongful death is, who could be held liable and who has the right to file a suit. The code can be read on the Texas Constitution and Statutes website.
Consumer Product Safety Commission (CPSC) Product Recalls- Sometimes a wrongful death can be the result of a defective product. Follow the link to the CPSC for a full list of recalled products in the United States. The CPSC is a government organization that protects the public from unreasonable death and injury from consumer products.
Wrongful Death Lawyer in Montgomery County, TX
Evans & Powell, PLLC understands how devastating it is to lose someone you love because of negligence. Our firm is here to help you bring justice upon the person that has caused your family pain and suffering. Attorneys with Evans & Powell, PLLC are experienced with wrongful death cases, and they will fight to achieve the best possible outcome for your situation.
Call us today at (936) 622-2000 to schedule a free case consultation or submit your information in the online contact form. We represent clients in communities that include Montgomery, Conroe, The Woodlands, Magnolia and surrounding areas.