Missouri City Wrongful Death Lawyer
Compassion. Personalized representation. A commitment to seeking justice and maximum compensation. These are the principles that guide our practice at Henrietta Ezeoke Law Firm, and they are the principles that can help you most when you are faced with the sudden loss of a loved one and forced to deal with the financial and emotional toll their unexcepted passing brings. Justice demands that the responsible party be held accountable for the damage they’ve caused. Texas law may be on your side, but the burden still falls on you to prove your case in or out of court to be fairly compensated. The Henrietta Ezeoke Law Firm can help you with this. We can lift this burden off your shoulders and put a skilled, knowledgeable and dedicated team on your case while you focus on picking up the pieces of a shattered life and helping your family through this difficult time. Contact our experienced Missouri City wrongful death lawyer today.
Texas Wrongful Death Law
The Texas wrongful death statute authorizes a cause of action (lawsuit) for a death caused by another’s wrongful act, neglect, carelessness, unskillfulness, or default. The responsible party can be an individual, a company or corporation, or a municipality. If the deceased would have been entitled to bring an action for personal injury had they only been injured and not killed, then the surviving family members have a legal right to bring a claim against the at-fault party. A wrongful death claim could come about after any fatal accident or injury caused by another’s negligence, including, for example:
- Motor Vehicle Crashes
- Slip and Fall/Premises Liability
- Defective Products
- Medical Malpractice
- Dog Bites and Animal Attacks
- Workplace and Construction Accidents
- Fatal Assaults and Homicide
- Negligent Supervision by Custodial Caregivers (school, daycare, nursing home)
Texas wrongful death law allows the surviving spouse, children, or parents to bring a wrongful death claim. Any one of them can bring a claim on their own, or they can join together in a lawsuit. If none of them files a lawsuit within three months after the death, then the decedent’s executor or administrator is directed to bring an action on behalf of the estate unless the family members object.
Damages in a wrongful death lawsuit reflect the harm inflicted by the survivors through the negligent action which caused an otherwise avoidable death. Compensation is available for the following losses, for example:
- Funeral and burial expenses
- Loss of earnings the deceased would have provided to the family
- Loss of other services and support the deceased would have provided
- Mental anguish suffered by surviving family members
- Loss of love, companionship and guidance
The Texas wrongful death statute also explicitly authorizes an award of exemplary damages when the death was caused by a willful act or omission or gross negligence. Exemplary damages, also known as punitive damages, are awarded specifically to punish the wrongdoer and make an example out of them to society.
Survival Actions Maximize Justice, Compensation
The chapter of Texas law covering wrongful death also includes survival actions. This law relates to a person who suffered a personal injury and had a personal injury claim but died before they could initiate or resolve their case. This law allows the heirs and estate to pursue the claim on behalf of the deceased and recover damages suffered by the deceased, such as their medical expenses and pain and suffering. By bringing a survival action together with a wrongful death case, we can maximize the compensation for the surviving family members and achieve a full measure of justice on behalf of the departed.
Contact Henrietta Ezeoke Law Firm Today
After the death of a loved one, you are already dealing with irreparable emotional damage; you shouldn’t also be forced to bear the financial burden as well. That isn’t fair to you, your lost loved one, or the party responsible. Let the Henrietta Ezeoke Law Firm help you get justice for your beloved family member and the compensation you need and deserve. Wrongful death claims must be brought within two years, so don’t delay. This time limit can also be extended in certain circumstances, so don’t neglect to call or come by to find out if you have a case. We won’t charge you for the call or visit. Contact our experienced Missouri City wrongful death lawyer today.