Compassionate Assistance With Wrongful Death Matters in Texas
We take life for granted until touched by an unexpected tragedy, such as a loved one dying in a car accident, through a slip and fall or a pharmaceutical error. When another party’s negligence or wrongdoing causes the fatality, legal grounds may exist to pursue a lawsuit. At Kemp Law Firm, our attorneys offer compassionate legal guidance and effective representation to clients who wish to bring wrongful death actions. While no amount of compensation can ever make up for the loss, it can relieve you of financial burdens and allow you to hold the negligent party accountable.
What constitutes a wrongful death claim in Texas?
Under Texas statutes, a wrongful death occurs when a person or corporation is liable for causing personal injury resulting in an individual's death. Negligence, a wrongful act, carelessness, lack of skill and default are causes of action that allow surviving family to sue for wrongful death. The surviving spouse, children and parents of the deceased loved one can bring the action. Any of these surviving relatives can bring the action singly or for the benefit of all. If after three months, no surviving family member brings a wrongful death action, then the executor or administrator of the estate can bring the action on behalf of the deceased. The only exception is when the surviving family requests that no action be brought.
Recoverable damages through a wrongful death lawsuit
A lawyer can help you recover two types of damages in a wrongful death lawsuit:
- Actual damages. Actual damages are compensatory damages, which include both economic and noneconomic damages such as medical bills, lost future income, value of care and support, emotional pain and suffering; loss of benefits from the love, comfort and companionship of the deceased love one and loss of inheritance.
- Exemplary damages. Texas statutes refer to punitive damages as exemplary damages. Courts award this type of damages when gross negligence or willful wrongdoing causes injury and the court decides to penalize or punish the defendant to set an example.
Get legal help with wrongful death
Kemp Law Firm assists clients in Houston and throughout Montgomery County to recover compensation when they suffer the loss of a loved one through someone else's negligence or wrongdoing. We take cases on contingency, which means unless we are successful in handling your claim, you owe us no fees. Arrange a consultation to discuss wrongful death by calling (281) 203-0971 for an appointment or through our online contact form.