Brazoria County Wrongful Death Lawyer
Losing a loved one due to someone else’s negligence is devastating, and the legal complexities that follow can feel overwhelming during an already difficult time. If your family has suffered the tragic loss of a loved one in Brazoria County, you need a compassionate and experienced Brazoria County wrongful death lawyer who understands the intricacies of Texas wrongful death law and can help you pursue the justice and compensation your family deserves. At Henrietta Ezeoke Law Firm, we have over 20 years of experience helping families navigate these challenging circumstances with the personalized attention and professional expertise they need during their darkest hours.
Understanding Wrongful Death Claims in Texas
Texas wrongful death law allows certain family members to seek compensation when their loved one dies due to another party’s negligent, reckless, or intentional actions. Under Texas Civil Practice and Remedies Code Chapter 71, only specific individuals can file a wrongful death lawsuit, including the surviving spouse, children, and parents of the deceased. If no statutory beneficiaries exist or fail to file within three months, the executor or administrator of the estate may pursue the claim on behalf of these beneficiaries.
Wrongful death cases can arise from various circumstances throughout Brazoria County, from fatal car accidents on Highway 288 and State Highway 35 to workplace incidents at the many industrial facilities along the Texas Gulf Coast. Medical malpractice at local healthcare facilities, defective products, premises liability incidents, and criminal acts can all form the basis of a wrongful death claim. Each case requires careful investigation and a thorough understanding of both the applicable law and the specific circumstances surrounding the death.
The damages available in Texas wrongful death cases are designed to compensate surviving family members for their losses. These may include the loss of the deceased’s earning capacity, the loss of inheritance the beneficiaries would have received, funeral and burial expenses, and the loss of care, maintenance, support, services, advice, counsel, and companionship. Mental anguish damages are also recoverable for surviving spouses, children, and parents, recognizing the profound emotional impact of losing a loved one.
Common Causes of Wrongful Death in Brazoria County
Motor vehicle accidents represent one of the leading causes of wrongful death claims in the area. The busy highways connecting communities like Pearland, Alvin, Angleton, and Lake Jackson see thousands of vehicles daily, and serious accidents involving drunk drivers, distracted motorists, and commercial trucks can have fatal consequences. Highway 288, which runs through the heart of Brazoria County, has been the site of numerous fatal accidents involving multiple vehicles, particularly during peak travel times and adverse weather conditions.
The industrial nature of much of Brazoria County means workplace accidents are unfortunately common. From chemical plants and refineries to construction sites and manufacturing facilities, workers face significant risks daily. When employers fail to provide adequate safety measures, proper training, or functioning equipment, the results can be catastrophic. Maritime accidents involving vessels in the Gulf of Mexico and local waterways also contribute to wrongful death cases in the region.
Medical malpractice cases may involve hospitals and healthcare facilities throughout the county, where misdiagnosis, surgical errors, medication mistakes, or failure to provide appropriate care can lead to preventable deaths. Nursing home neglect and abuse cases are particularly heartbreaking, as vulnerable elderly residents depend on their caregivers for basic needs and protection from harm.
Premises liability incidents, including slip and fall accidents, swimming pool drownings, and inadequate security cases, can also result in fatal injuries. Property owners have a legal duty to maintain safe conditions for visitors, and when they fail in this responsibility, they may be held liable for resulting deaths.
The Legal Process and Importance of Experienced Representation
Pursuing a wrongful death claim requires navigating complex legal procedures while dealing with insurance companies that often prioritize their profits over fair compensation. Texas law imposes a two-year statute of limitations for wrongful death claims, meaning legal action must be initiated within two years of the date of death. This deadline is strict, and waiting too long can result in the permanent loss of your right to seek compensation.
Building a strong wrongful death case requires thorough investigation, expert testimony, and comprehensive documentation of all damages. This process involves gathering medical records, accident reports, witness statements, and employment records, as well as working with accident reconstruction experts, medical professionals, and economists to establish liability and quantify damages. Insurance companies often have teams of lawyers working to minimize their exposure, making it crucial to have experienced legal representation protecting your interests.
At Henrietta Ezeoke Law Firm, we understand that no amount of money can bring back your loved one or truly compensate for your loss. However, financial compensation can provide stability for your family’s future and ensure that those responsible are held accountable for their actions. We work on a contingency fee basis, meaning you don’t pay any legal fees unless we recover compensation on your behalf. This arrangement allows families to pursue justice without worrying about upfront legal costs during an already financially stressful time.
Brazoria County Wrongful Death FAQs
Who can file a wrongful death lawsuit in Texas?
Under Texas law, only the surviving spouse, children, and parents of the deceased can file a wrongful death lawsuit. If these individuals do not file a claim within three months of the death, the executor or administrator of the deceased’s estate may file on their behalf. Siblings, grandparents, and other family members cannot file wrongful death claims in Texas.
What damages are available in a wrongful death case?
Texas wrongful death damages include the deceased’s lost earning capacity, the loss of inheritance beneficiaries would have received, funeral and burial expenses, and the loss of care, maintenance, support, advice, and companionship. Mental anguish damages are available to surviving spouses, children, and parents. Punitive damages may be available if the death resulted from willful acts or omissions.
How long do I have to file a wrongful death claim in Texas?
Texas imposes a two-year statute of limitations for wrongful death claims, meaning the lawsuit must be filed within two years of the date of death. There are very limited exceptions to this rule, so it’s crucial to consult with an attorney as soon as possible to protect your legal rights.
What if the deceased was partially at fault for the accident?
Texas follows a modified comparative negligence rule, meaning that if the deceased was less than 51% at fault for the accident, the family can still recover damages. However, any compensation awarded will be reduced by the percentage of fault attributed to the deceased. If the deceased was 51% or more at fault, no recovery is possible under Texas law.
Do wrongful death settlements go through probate?
Wrongful death settlements typically do not go through probate because they are considered separate from the deceased’s estate. The compensation goes directly to the statutory beneficiaries (spouse, children, and parents) rather than becoming part of the estate’s assets. However, any survival action claims may be subject to probate proceedings.
Serving Throughout Brazoria County
- Pearland
- Alvin
- Angleton
- Lake Jackson
- Clute
- Freeport
- Brazoria
- Manvel
- Iowa Colony
- West Columbia
Contact a Brazoria County Wrongful Death Attorney Today
When you’re facing the unimaginable loss of a loved one due to someone else’s negligence, you need a wrongful death attorney who will treat your family with compassion while fighting aggressively for the compensation you deserve. At Henrietta Ezeoke Law Firm, we provide the personalized attention and experienced representation that makes the difference in these challenging cases. Our team understands the profound impact of your loss and is committed to helping your family find a path forward while holding those responsible accountable for their actions. Contact us today for a consultation to discuss your case and learn how we can help you during this difficult time.
