CONROE Wrongful Death Attorney

Offering Compassionate Guidance & Tenacious Representation

Nothing is more painful and disruptive for a family than the unexpected loss of a loved one. If your family member was killed due to the negligence, misconduct, or willful wrongdoing of somebody else, you could have a wrongful death claim. Although no amount of money can bring your loved one back, legally, you may be able to recover damages from the person or company responsible for your family member’s death.

Time is of the essence in these cases. Call Scott Law Firm at (936) 243-4299 today to schedule a free initial consultation with our Conroe wrongful death lawyers.

On This Page:

• What Is Wrongful Death?
• Wrongful Death Causes
• Who Can File a Wrongful Death Lawsuit in Texas?
• Texas Wrongful Death Statute of Limitations
• Evaluating a Wrongful Death Case
• Wrongful Death Frequently Asked Questions (FAQs)

In short, wrongful death claims are legal actions brought by certain individuals if a close relative's death was caused by the wrongful act, neglect, carelessness, or failed action of another person or party. Wrongful death claims are similar to personal injury claims with the main difference being that the plaintiff has died, requiring the claim to be brought on behalf of the deceased by those they left behind.

To bring a wrongful death suit forward, you must have substantial evidence. Most wrongful death claims revolve around satisfying the legal concept of negligence. To prevail in court, plaintiffs in wrongful death lawsuits in Texas typically must prove the following:

• The responsible party owed your loved one a duty of care
• The duty of care was breached
• The breach of duty directly caused your loved one's death

Listed below are just a few common causes of wrongful death that may require you to hire an attorney:

• Motor vehicle crashes
• Defective and faulty products
• Workplace accidents
• Dangerous premises

Wrongful Death in Car & Truck Accidents

Motor vehicle crashes are the leading cause of death for teens in the U.S. Nearly 2,400 teens in the United States aged 16-19 were killed, and about 258,000 were treated in emergency departments for injuries suffered in motor vehicle crashes in 2019 alone. The same year, an estimated 36,000 people lost their lives to car crashes.

In cases involving dangerous or recalled vehicles, it may be possible to hold automobile manufacturers responsible. Fatal accidents involving commercial vehicles also need to be fully investigated. Trucking companies and commercial truck drivers may be held accountable for fatal accidents that occur as a result of violating federal safety regulations or other traffic safety laws.

Wrongful Death in the Workplace

Companies, businesses, employers, and supervisors have a duty to ensure their workplaces are safe for workers, laborers, and employees. If your loved one was killed in an on-the-job accident, it’s possible to file a wrongful death lawsuit against an employer or company. Work in the roadway, construction, and oilfield industries is particularly dangerous, so it’s essential to find out if the employer was following all state and federal safety regulations at the time of the accident.

Every state has different laws that govern who can recover compensation for the death of a loved one. In the state of Texas, parents, spouses, and children of a victim may receive compensation in a wrongful death case. Additionally, if the deceased person financially supported you, you may be entitled to more compensation than someone who was not being supported by the deceased. Your attorney can evaluate your case and determine if you have a wrongful death claim.

Compensation for Wrongful Death Claims

Damages associated with wrongful death claims include:

• Medical care expenses prior to death
• Funeral and burial expenses
• Immediate and long-term loss of income
• Loss of benefits
• Spousal companionship loss
• Loss of parental guidance for children
• Pain, suffering, and grief from loss of spouse, children, or parents

Your time to take legal action for the wrongful death of a loved one is limited. Wrongful death lawsuits in Texas are subject to a two-year statute of limitations, meaning you typically have until the second anniversary of your loved one's death to file a lawsuit against those responsible. While the law provides for some limited exceptions to this time limit, you could lose your right to compensation if you do not take action before the filing deadline. For this reason, it is in your best interests to act quickly and and discuss your situation with an attorney as soon as possible.

If you have lost a loved one in any type of accident, you need to have your claim evaluated by an experienced personal injury attorney. Unfortunately, we sometimes see the person or company responsible for a person’s death attempt to convince the family otherwise. They might say that the accident was not preventable or that your family member was somehow at fault for his or her own death. Only an attorney experienced in handling wrongful death cases will be able to determine if the accident could have been prevented and if you have a valid wrongful death claim.

It is necessary to obtain various official government documents, OSHA investigation reports, and medical records to piece together what happened in your loved one’s case. Additionally, your lawyer can obtain any necessary experts who can critically review and help to evaluate your wrongful death case.

Pursuing a wrongful death lawsuit is a highly emotional, unsettling, and oftentimes frightening experience that comes with many questions. While it may be difficult, know that you are not alone during this time. Our compassionate attorneys have compiled some answers below to some of the most common questions regarding wrongful death and are ready to stand by your side every step of the way.

If you have lost a loved one due to negligence or willful wrongdoing, contact our dedicated wrongful death lawyer in Conroe for a free consultation.