Wrongful Death Lawyer in Texas

A Top Choice for Your Wrongful Death Case

The devastating impact of losing a loved one cannot be understated, especially when the loss is sudden and caused by the negligence of another. In such instances, Texas wrongful death laws allow family members to seek justice and financial compensation. At Perkins & Perkins, we bring years of experience to the table to help you secure the justice and compensation you deserve.

Wrongful Death Lawyers in Texas

“Wrongful death” is a tragic claim that arises when an individual’s death is caused by the negligent, reckless, intentional, or wrongful actions of another person, entity, or organization. These claims are based on the premise that if the deceased person had survived the incident, they would have had the legal grounds to pursue a personal injury claim against the responsible party. Since the victim is no longer able to do so, surviving family members can step in to seek justice and compensation on their behalf.

Under the Texas Civil Practice and Remedies Code Title 4, Sec. 71.001-71.012, spouses, children, parents, or the executor of the deceased’s estate can file a wrongful death lawsuit. Unlike traditional personal injury cases, wrongful death cases are generally more complex and emotionally challenging. Wrongful death claims typically aim to provide financial support to the deceased person’s family to cover funeral expenses, medical bills, lost income, and compensate them for the immense pain and suffering caused by one’s untimely death. Like personal injury claims, under Texas law, you only have two years from the date of the accident to file a wrongful death claim.

Free Consultation With Perkins & Perkins

When choosing an attorney, it is important to choose one with knowledge and experience. Perkins & Perkins has a proven track record of representing plaintiffs in a variety of personal injury cases. Our abilities are demonstrated by an $18,111,232.00 verdict we secured in 2022, which was recognized as the largest construction injury verdict in Texas, that year.

Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in claiming justice for a loved one.

Common Examples of
Wrongful Death

Wrongful death claims can arise from a variety of situations, including but not limited to:

18 Wheeler, Car, and Motorcycle Accidents: Fatalities resulting from car, truck, motorcycle, or pedestrian accidents caused by negligent drivers, defective vehicle parts, or unsafe road conditions.
Medical Malpractice: Deaths caused by healthcare providers’ errors, such as misdiagnosis, surgical mistakes, or improper treatment.
Workplace, Industrial, and Oilfield Accidents: Fatal incidents occurring in the workplace due to unsafe working conditions, lack of proper safety equipment, or employer negligence.
Dangerous or Defective Products: Deaths resulting from dangerous or defective products, including faulty machinery, unsafe drugs, or toxic substances.

Who Can File a Claim - Wrongful Death Claim and Survivor Claims

In Texas, wrongful death claims can be filed by the deceased’s surviving spouse, children, and parents. A survivor claim (which is a quasi-wrongful death claim) can also be filed by the representative of the deceased’s estate for the damages the deceased suffered from the time of his injuries to his unfortunate death. It is important to note that wrongful death claims must be filed within a specific time frame, known as the statute of limitations, which is typically two years from the date of death in Texas.

Additional Ways a Wrongful Death Lawyer Can Help

By enlisting the help of a personal injury lawyer, you can focus on your recovery while your lawyer handles the complexities of your case. This professional support is essential for achieving a favorable resolution and securing the compensation you need to move forward with your life.

By enlisting the help of a sophisticated and experienced personal injury lawyer, you can focus on your recovery while your lawyer handles the complexities of your case. This professional support is essential for achieving a favorable resolution and securing the compensation you need to move forward with your life.

Understanding Compensation and Damages in Personal Injury Cases

When you suffer a personal injury due to someone else’s negligence, you may be entitled to compensation for your losses. Understanding the types of compensation available, how it is calculated, and the factors that affect your settlement can help you better navigate your personal injury claim. Here’s a detailed guide to help you understand compensation and damages in personal injury cases:

Compensation Available for Claimants

Medical Bills: Compensation for medical expenses can cover immediate costs such as emergency room visits, surgeries, and hospital stays. It also includes long-term medical costs for rehabilitation, physical therapy, medication, and ongoing treatments related to your injuries.
Lost Wages: If your injuries prevent you from working, you can seek compensation for lost wages. This includes not only the income you have already lost but also any future earnings you will miss out on due to your inability to work at the same capacity.
Funeral and Burial Expenses: Costs associated with the deceased’s funeral and burial arrangements.
Pain and Suffering: Pain and suffering compensation is intended to cover the physical pain and emotional distress you experience. This can be a significant component of your claim, reflecting the impact on your quality of life.
Loss of Consortium: In some cases, the spouse or family members of the deceased may be entitled to compensation for loss of companionship and support due to the injuries.
Punitive Damages: If the at-fault party’s actions were particularly reckless or egregious, you might be awarded punitive damages. These are intended to punish the wrongdoer and to deter similar conduct in the future.

Common Wrongful Death Questions

1. Do I have to pay anything to file a lawsuit?

You never have to pay a penny out of your own pocket. At Perkins & Perkins, we operate under a contingency fee arrangement. This means our clients can seek legal action without any upfront costs or expenses. We only receive payment if we win the case, taking a percentage of the settlement or judgment. This arrangement allows individuals to challenge multi-million-dollar corporations and access legal representation regardless of their financial situation.

2. Can siblings file a wrongful death claim?

Unfortunately, in Texas, brothers and sisters cannot make a wrongful death claim. Only a spouse, children, and parents of the deceased person may file a claim. If you have lost spouse, child, or parent due to someone else’ negligence, know that Perkins & Perkins cares about you and sympathizes with what you are going through. We offer compassion and will do everything we can to get you the answers you seek during this tragic time. Call us at any time if you need assistance with your wrongful death claim.

3. Who can file a survival claim?

A survival claim is a legal action that allows the estate of a deceased person to seek compensation for the pain, suffering, and other damages the deceased endured from the time of their injury until passing. Whoever the court authorizes to represent the deceased person’s estate can file a survival claim. At Perkins and Perkins, our lawyers frequently help individuals get appointed to represent their loved one’s estate. If you need help getting appointed in order to file a survivor claim, give us a call.

4. Can minors file a wrongful death claim?

Yes and no. In Texas, a minor can file a wrongful death claim, but they cannot file the claim on their own due to their age. Instead, a legal guardian, such as a surviving parent or another adult guardian, must file the claim on the minor’s behalf. The guardian acts in the best interests of the minor and ensures that any compensation awarded is used appropriately for the minor’s benefit. If you need an attorney to help you represent the interests of a child in a wrongful death claim the Perkins & Perkins Law Firm can help you. Call us today for a free consultation.

5. Can more than one person file a wrongful death lawsuit?

Yes. The surviving spouse, children, and parents of the deceased person all have the right and can file a wrongful death claim. When multiple parties are eligible, they usually join together with a single law firm like Perkins & Perkins to streamline the process and present a united front. Let our family help yours.

6. Am I entitled to get reimbursement for funeral expenses?

Yes, in a wrongful death claim, you can seek reimbursement for funeral and burial expenses. The aim is to compensate the family for the financial losses directly resulting from the wrongful death of their loved one. If you or your loved ones need help with funeral expenses after a tragic incident, call the Perkins and Perkins law firm today.

7. Is it ok to wait to file my claim.

At Perkins & Perkins, we almost never advise our clients to wait on filing a claim. Filing sooner allows you to preserve important and crucial evidence, and puts pressure on the negligent party to resolve your case.

8. What is a stowers demand?

A Stowers demand is a written demand used to pressure an insurance company to settle a claim within policy limits. It is based on the landmark case Stowers Furniture Co. v. American Indemn. Co., 15 S.W.2d 544 (Tex. Comm. App. 1929, approved), which established the Stowers doctrine. This doctrine imposes a duty on insurance companies to act in good faith and with due care when handling claims against their policyholders. If the insurance company rejects a reasonable Stowers demand and a judgment is later rendered against their insured, the insurance company will be held liable for the entire judgment amount, even if it exceeds the policy limits. As such, a Stowers demand is a powerful tool in settlement negotiations, and encourages insurance companies to settle claims. At Perkins and Perkins, our wrongful death lawyers have extensive experience negotiating and settling claims. If you want attorneys on your side with a proven track record of success, call us today for a free consultation.

Wrongful Death Lawyer in Texas

A Top Choice for Your Wrongful Death Case

Wrongful Death Lawyers in Texas

Free Consultation With Perkins & Perkins

Common Examples of
Wrongful Death

Who Can File a Claim - Wrongful Death Claim and Survivor Claims