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Sugar Land Wrongful Death Lawyer
When one person’s actions harm someone else, this can form the basis for a personal injury claim. However, if the victim does not survive their injury, a special type of personal injury suit will be necessary to hold them accountable. If you have recently lost a loved one due to an act of negligence or illegal misconduct, you need to speak with a Sugar Land wrongful death lawyer as soon as possible.
Experienced Sugar Land Wrongful Death Lawyers You Can Trust
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner has a long professional record of successful personal injury claims for clients in Sugar Land and surrounding communities of Texas, and we apply our firm’s more than 75 years of experience to your impending case. If you have lost a loved one due to another party’s actions or inactions, you have the right to seek accountability and compensation for your family’s loss, and we can help.
A Sugar Land lawyer with extensive experience in wrongful death suits is a powerful asset to have on your side, no matter how the death in question occurred or what losses you intend to claim from the at-fault party. Whether you lost your loved one in a fatal vehicle accident, from an act of intentional violence, or from an unexpected workplace incident, we can help you determine your most viable legal options in this difficult situation.
While it is technically possible to pursue a wrongful death claim without hiring a wrongful death attorney, this is a very challenging type of case that requires the attention of seasoned legal counsel to reach the optimal outcome. With our assistance, you can more easily prove fault for your loved one’s death, accurately assess the full scope of the damages you can claim, and have the greatest chance of success with your case.
How a Wrongful Death Attorney Can Help Build Your Case
A wrongful death claim is a type of personal injury claim, and most of the same fundamental procedural rules apply to this type of case. The plaintiff filing the wrongful death claim is required to accurately name the party or parties who are deemed to have caused the death in question. They must present evidence and witness testimony to show how the defendant caused the death and that the death did not result from any other cause.
Wrongful death claims can arise from many types of incidents, and depending on your unique circumstances, you may have multiple options for claiming compensation for your family’s loss:
- Motor vehicle accidents are a leading cause of accidental deaths in Texas each year. If a driver’s negligent actions caused the death of a family member, an auto insurance claim against the at-fault driver may yield compensation for your family’s economic damages, but a wrongful death suit could enable you to secure far more compensation.
- Workplace accidents may lead to workers’ compensation claims, and most workers’ compensation insurance policies include some sort of death benefit for the family of a covered employee who died while working. However, the family may also have grounds for a wrongful death action, depending on how the death occurred.
- Wrongful deaths may occur from intentional and illegal acts, such as intoxicated driving, assault, and domestic violence, to name a few possible examples. In these cases, defendants not only face civil liability for wrongful death but also severe criminal charges. Causing the death of another person through an illegal act is likely to lead to felony-level prosecution, and the defendant could face years or decades in prison.
These are just a few examples of the most common causes of wrongful deaths in the US each year. However your loved one passed away, if you believe another party is responsible for causing their death, it is crucial that you reach out to an experienced Sugar Land wrongful death lawyer as soon as possible to start building the foundation of your case.
Depending on how the death in question occurred, you may need to deal with an insurance claim filing process following your loved one’s death. Dealing with insurance companies can be challenging, especially when you are already struggling with the aftermath of an unexpected death in the family.
You will be able to trust your Sugar Land wrongful death lawyer to resolve any such insurance-related issues you face after the death in question. Then, they can assist you with exploring further legal recourse to ensure accountability and appropriate compensation for your loved one’s death.
Texas Laws for Filing Wrongful Death Suits
Every state enforces different statutes pertaining to wrongful death claims. In Texas, only certain parties are eligible to file wrongful death claims. These parties include the spouse, parents, or children of the deceased. If no such party files a wrongful death claim within three months of the death, the personal representative of the deceased’s estate may file a claim within two years of the death in question.
It’s possible for a single surviving family member of the deceased or a group of their surviving relatives to file a claim on behalf of the entire family. If you have any questions about your eligibility to file a wrongful death suit in Sugar Land, a wrongful death attorney can review the details of your situation and clarify your eligibility requirements.
Survival Action vs Wrongful Death Case
Once you have resolved issues pertaining to eligibility to file the wrongful death suit, the next step of your case is to identify all the various forms of compensation you intend to claim from the defendant. Many people who intend to file wrongful death suits in Texas are initially confused about the types of compensation they can seek with this type of claim.
Remember that while a personal injury claim seeks to compensate the victim of another party’s actions, a wrongful death claim seeks to compensate the family of the victim for their loss. However, in some cases, a victim incurred damages prior to their death that are still eligible for compensation.
It is possible to seek compensation for damages that were incurred between the victim’s fatal injury and the time of their death. This is a survival action that would allow the family of the victim to seek compensation for final medical expenses, lost income, damages, and other losses to the estate of the deceased.
Claiming Compensation for Wrongful Death in Sugar Land
In a wrongful death suit, the family of the victim seeks compensation for the losses they incurred from the death in question. These losses can be economic or non-economic in nature, and a Sugar Land wrongful death lawyer will be an invaluable asset for helping their client accurately calculate these damages:
- The family has the right to seek repayment of funeral and burial costs. Since the victim’s funeral is likely to take place before the wrongful death case concludes, whoever paid for these services will be reimbursed from the successful wrongful death claim.
- Lost financial support may also be claimed. If the victim earned income for their family, the family has the right to seek compensation for the financial support the deceased can no longer provide. This may require calculation of how long the victim would have continued working if they had survived and how much they earned prior to their death.
- The beneficiaries of the deceased’s estate may seek compensation for any lost inheritance or lost value of assets included in the estate resulting from the wrongful death.
● The surviving spouse of the deceased can claim pain and suffering compensation for their loss of affection and consortium. The surviving children may also receive pain and suffering compensation for loss of parental guidance and companionship. Your Sugar Land wrongful death lawyer can help you determine suitable figures when it comes to pain and suffering compensation in a wrongful death suit.
It’s natural for any plaintiff to have many pressing legal questions about the compensation they could foreseeably obtain if they win a wrongful death case in Sugar Land. Your wrongful death attorney can not only help you gather the evidence and witness testimony you may need to prove fault but also accurately assess the full range of your claimable damages, potentially helping your family recover far more compensation than you may have initially expected.
Understanding Texas’ Modified Comparative Fault Rule
In any personal injury suit in Texas, it is possible for fault for the damages cited in the claim to rest with more than one party. In the event that the victim in a wrongful death case is found to have contributed to causing their death, the state’s modified comparative negligence rule will apply to the case and negatively impact the plaintiff’s final case award.
Under the modified comparative fault rule, as long as the plaintiff’s fault is less than the defendant’s, they can still claim compensation. Any fault percentage below 50% will be the percentage taken from the final case award. However, if the victim is found to be 51% or more at fault, they can no longer seek compensation from the defendant.
If you have concerns about comparative fault coming into play in your impending case, it is vital to consult a wrongful death attorney as soon as possible. They can identify any potential challenges or opportunities in your case that you may have overlooked on your own and help you preserve as much of your final case award as possible.
How Your Sugar Land Wrongful Death Lawyer Can Help
The right attorney is an important resource for any type of personal injury claim, and this is especially true for emotionally charged wrongful death cases. Losing a loved one is never easy, but knowing that their death was the result of another party’s negligence or illegal misconduct can make the situation even more frustrating and challenging.
Your Sugar Land wrongful death attorney can help you make clearer sense of the procedural aspects of your case and ultimately increase your chance of winning the case. With their assistance, you and your family can mourn with peace of mind, as your legal affairs will be in capable and trustworthy hands.
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner hasa long professional record of successful cases in Sugar Land and surrounding communities of Texas due to our commitment to delivering results for every client we represent. We take time to get to know each client, learn as much as possible about their legal issues and the challenges they face, and help them develop a uniquely tailored legal strategy that aims for maximum compensation.
Any wrongful death claim can be difficult to face. However, if you have seasoned legal counsel on your side, you are more likely to win the case, as well as more likely to maximize your final case award. Additionally, there is no need to worry about overly expensive attorneys’ fees with our firm. We only charge our clients a contingency fee, meaning our client only pays a fee if we win their case, and the fee is a percentage of the total amount recovered on their behalf.
Find Your Sugar Land Wrongful Death Lawyer Today
You have a limited time to file a wrongful death suit in Sugar Land. Not only must you meet the statute of limitations for filing your case with the court, but you must also work quickly to gather the evidence and witness testimony necessary for proving liability.
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can provide the focused and responsive legal counsel you need for this difficult type of personal injury suit. Contact us today to schedule your free consultation with a Sugar Land wrongful death lawyer.
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