Category Archives: Wrongful Death

Compassionate and aggressive advocacy for the families of wrongful death victims

Wrongful death cases pertain to the loss of a loved one due to the negligent or willful act of another, including criminal behavior. our wrongful death lawyers have nearly 30 years of experience providing steadfast legal support to families in these emotionally charged lawsuits. We help family members recover wrongful death damages and other compensation for the senseless loss of their loved one.

Understanding wrongful death law

No amount of money can truly compensate families for the loss of a loved one, but we can help them move forward when they lose loved ones in fatal construction and workplace accidents and fatal car and truck accidents. We also handle cases involving medical malpractice fatalities. Our firm is often able to obtain compensation in a settlement or by verdict for death and burial expenses and emotional pain and suffering.

We help you and your family navigate the complex wrongful death statutes and laws by addressing the following issues:

Eligibility for filing a claim —In Texas, the parents, the children and the spouse of the deceased may file a wrongful death claim. A child may seek compensation in relation to a parent’s death even if he or she is over the age of 18. In Texas, the deceased’s siblings and grandparents are not allowed to file a wrongful death claim.

Types of damages — Qualified survivors can pursue claims representing the full financial value of the life of a decedent. This includes the income anticipated over a lifetime. The court also considers the remaining family members’ diminished quality of life. Additionally, the estate administrator can pursue compensation for medical and funeral expenses and the pain and suffering experienced by the victim because of the injuries.

Time limits for filing claims — Texas holds a strict statute of limitations when it comes to personal injury cases, including wrongful death. Families have two years to file a claim after the date of death.

There are a couple of exceptions to this. Firstly, if a child’s parent dies before he or she is 18, the two years will begin when the child does turn 18 and is legally able to file. Secondly, sometimes it’s not known until much later that a person died due to negligence. If this is the case, the two year statute of limitations begins once negligence is established as the culprit. Individuals who believe they may have a valid claim should enlist the advice of an experienced wrongful death attorney as soon as possible to pursue the benefits they deserve before the statute of limitations runs out.

Representing victims of occupational fatalities 

We are compassionate advocates for victims of fatal work accidents, and their families. It is never easy to lose a loved one. But when a family member is taken from you too early because an unsafe environment led to a fatal construction accident or other workplace incident, the loss is even more tragic. You may be left wondering if the accident could have been prevented and, more importantly, who is responsible. When you need a trustworthy attorney to represent you in a wrongful death claim, we can help you obtain compensation for death and burial costs, loss of family income, medical bills, and emotional pain and suffering, such as loss of companionship and diminished quality of life.

Statistics about fatal work accidents

Every year, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA) and the Bureau of Labor Statistics, compiles, analyzes and releases data about workplace fatalities and injuries by state and nationally to monitor and increase workplace safety and health standards.

The most recent report available from OSHA includes the following data:

National workplace fatalities

5,147 workers died on the job in 2017 (3.5 per 100,000 full-time equivalent workers) — on average, more than 99 a week or more than 14 deaths every day.

Workplace fatalities

971 or 20.7% were in construction — that is, one in five worker deaths last year were in construction. The leading causes of private sector worker deaths (excluding highway collisions) in the construction industry were falls, followed by struck by object, electrocution, and caught-in/between. 

Obtaining compensation

When you lose a family member in a fatal work accident, you may be able to obtain certain benefits via workers’ compensation, particularly if your loved one worked in construction. However, if you suspect that the workplace accident that killed your loved one occurred due to lack of safety compliance, gross negligence or intentional wrongdoing, it is best to consult with an attorney regarding your options for litigation. A settlement or verdict may provide you with additional compensation.

Handling medical malpractice fatality cases

When we rely on medical professionals and entities, such as physicians, surgeons, nurses, hospitals and clinics, to care for our loved ones, we never expect that a negligent misstep could mean the difference between life and death. Every year, thousands of untimely deaths occur as a result of medical malpractice, often leaving the victims’ families with significant medical costs and extreme, sudden grief. We represent clients who have lost loved ones due to medical negligence or malpractice. With our help, you can obtain rightful coverage for medical, burial and funeral costs, loss of family income and emotional anguish, including the loss of companionship, diminished quality of life and other pain and suffering resulting from your loved one’s death.

When medical malpractice has fatal consequences

For nearly 30 years, our skilled lawyers have advocated for victims and their families. We understand how medical negligence occurs, how to identify it and how to prove it in court. If the doctor, surgeon, nurse, pharmacist or anesthesiologist you trusted to treat your loved one failed to meet the standard of care, or if you believe mismanagement of a hospital, nursing center or other facility caused the death of your family member, a medical malpractice attorney from our firm can help you initiate wrongful death litigation. We’ve helped clients t with fatal medical malpractice cases due to the following types of negligence:

Misdiagnosis, delayed diagnosis or failure to diagnose

Surgical errors

Medication errors, including prescribing the wrong drug or the wrong amount of a drug and prescribing a drug that caused a fatal interaction

Anesthesia mistakes, including administering too much or too little anesthesia and failing to monitor a patient under anesthesia

Use of defective medical devices, particularly if the device has been recalled or is known to be defective

Emergency room mistakes

Mistakes during childbirth leading to the death of the infant or mother

In Texas you may have legal standing to file a lawsuit if you are the deceased’s surviving spouse, child, or parent. Consult our law firm if are unsure of your status.