Losing a loved one due to someone else’s negligence is a devastating experience. If you find yourself in this situation, you may be entitled to compensation through a wrongful death lawsuit. While no amount of money can bring your loved one back, pursuing a claim can provide financial stability and hold the responsible party accountable. At K.E. Bradley Law, our experienced wrongful death attorney in Missouri City is here to guide you through this difficult time. Call us today at (832) 440-0585 for a free consultation.
Understanding Wrongful Death Lawsuits
A wrongful death lawsuit is a legal action brought by the surviving family members or dependents of someone who died due to another party’s negligence, recklessness, or intentional actions. Common causes of wrongful death include:
- Car accidents caused by negligent drivers
- Medical malpractice, such as misdiagnosis or surgical errors
- Workplace accidents, especially in hazardous industries
- Defective products that pose serious risks to consumers
In Texas, the law allows the spouse, children, and parents of the deceased to file a wrongful death lawsuit. These cases aim to compensate the family for the losses they’ve suffered due to their loved one’s untimely death.
Types of Compensation in a Wrongful Death Lawsuit
When you work with a wrongful death attorney, they will help you identify the types of compensation you may be eligible to receive. Compensation in these cases generally falls into two main categories: economic damages and non-economic damages.
Economic Damages
Economic damages are quantifiable financial losses resulting from the death. These include:
Medical expenses: Any bills for treatment or care provided to your loved one before their passing.
Funeral and burial costs: The expenses associated with laying your loved one to rest.
Loss of income: Compensation for the wages your loved one would have earned if they were still alive.
Loss of benefits: This includes pension plans, health insurance, and other benefits your loved one provided to the family.
Your wrongful death attorney will carefully calculate these costs to ensure that you receive the full compensation you deserve.
Non-Economic Damages
Non-economic damages compensate for the emotional and psychological impact of losing a loved one. These damages include:
Loss of companionship: The emotional void left by the absence of your loved one.
Loss of parental guidance: Compensation for the support and guidance the deceased would have provided to their children.
Mental anguish: The pain and suffering experienced by surviving family members.
Unlike economic damages, non-economic damages are harder to quantify. An experienced wrongful death attorney understands how to present compelling evidence to demonstrate the emotional toll of your loss.
Punitive Damages
In some cases, the court may award punitive damages. These are not meant to compensate the family but to punish the responsible party for particularly reckless or malicious behavior. For example, if a drunk driver caused the accident that led to your loved one’s death, punitive damages may be appropriate.
Factors That Affect Compensation
The amount of compensation you can expect in a wrongful death lawsuit depends on several factors:
The Deceased’s Age and Income
The age and earning capacity of the deceased play a significant role in determining compensation. For instance, a young parent with a high-paying job will likely result in higher compensation than an elderly retiree.
The Family’s Relationship to the Deceased
The closeness of the relationship between the deceased and the family members filing the lawsuit can influence compensation. A spouse or child may receive more compensation than a more distant relative.
Circumstances of the Death
The specific details of how the death occurred can also affect compensation. Cases involving gross negligence or intentional harm often result in higher payouts.
Why You Need a Wrongful Death Attorney
Navigating a wrongful death lawsuit can be overwhelming, especially when you’re grieving. An experienced wrongful death attorney provides invaluable assistance by:
Building a strong case: Collecting evidence, interviewing witnesses, and consulting experts to support your claim.
Negotiating with insurance companies: Ensuring you’re not pressured into accepting a low settlement.
Representing you in court: Advocating for your rights and presenting a compelling argument to the jury if your case goes to trial.
At K.E. Bradley Law, our compassionate and skilled wrongful death attorneys understand the complexities of these cases and will fight tirelessly to secure the compensation you deserve.
How to Start Your Wrongful Death Claim
If you’re considering filing a wrongful death lawsuit, here are the steps to take:
Consult an attorney: Contact a Missouri City wrongful death attorney to evaluate your case and explain your legal options.
Gather evidence: Collect medical records, accident reports, and any other documents related to the case.
File a claim: Your attorney will help you file the necessary paperwork within Texas’s statute of limitations, which is typically two years from the date of death.
Pursue a settlement or trial: Many cases are resolved through negotiations, but some may proceed to court if a fair settlement cannot be reached.
Wrongful Death Attorney in Missouri City
The loss of a loved one is an emotional and financial burden, but you don’t have to face it alone. A wrongful death lawsuit can provide the compensation you need to rebuild your life and honor your loved one’s memory. At K.E. Bradley Law, our dedicated wrongful death attorneys are committed to supporting you every step of the way.
Don’t wait to seek justice for your loved one. Call us today at (832) 440-0585 to schedule a free consultation. Let us help you get the closure and compensation you deserve.
