League City Wrongful Death Lawyer

Compassionate and Dedicated Wrongful Death Attorneys

We Have Won Millions in Wrongful Death Cases for Our Clients

When an accident happens, it does not always end with an injury. More often than not, it leads to the death of one or all of the people involved. When an accident leads to death, and it occurs due to another person’s negligence, the decedent’s legal beneficiaries can commence an action known as a wrongful death claim.

Wrongful death claims are not always straightforward, and you may not be in the right mental and emotional state to handle it yourself since you’re dealing with losing a loved one. Therefore, leaving the case to experienced wrongful death attorneys is best. At Terry Bryant Accident & Injury Law, our League City Wrongful Death Lawyer will handle your case and guide you on the steps to take and what to expect.

Call us at (713) 973-8888 to book a free case review.

Why Choose the Legal Team at Terry Bryant Accident & Injury Law?

Our League City wrongful death lawyers have years of experience representing those who lost their loved one due to the negligent actions of another person. We have done this for over 35 years and have a winning track record and positive testimonials from satisfied clients. Our legal team consists of experienced negotiators and board-certified trial lawyers.

At Terry Bryant Accident & Injury Law, we are steadfast in our dedication to giving our clients the best representation. We do all we can within the law to obtain a favorable outcome.

So whether you want an out-of-court settlement or want to pursue a lawsuit, we have the skills and knowledge to represent you. While handling your case, we will not leave you in the dark. We explain every stage of the case to you and answer your questions. Our initial consultations are free, so contact us at (713) 973-8888 to speak with one of our attorneys.

What Is a Wrongful Death Under Texas Law?

The Tex. Civ. Prac. & Rem. Code § 71.002 defines wrongful death as an action “… arising from an injury that causes an individual’s death if the injury was caused by the person’s or their agent or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”  Wrongful death actions can arise from the following:

• Car accidents
• Motorcycle accidents
• Medical negligence
• Premises liability
• Workplace injury
• Bicycle accidents
• Pedestrian accidents
• Defective products, etc.

For a wrongful death case to exist, the decedent must have been entitled to file a personal injury lawsuit when they were alive. So, wrongful death actions often stem from the victim of an accident. Suppose the victim has already commenced a personal injury claim and died. In that instance, Texas law allows the victim’s legal beneficiaries to begin a survival claim.

Who Can File a Wrongful Death Action in League City, Texas?

Although everyone connected to a decedent will feel their loss, Texas law does not allow all of them to file wrongful death action. To be eligible to bring a wrongful death claim, you must be one of the following class of people:

• The surviving spouse of the decedent
• The surviving child (minor or adult)
• The surviving parent
• A legally adopted child of the deceased
• The surviving adoptive parent(s)
• The personal representative of the deceased’s estate.

Often, personal representatives have the right to file a claim where no recognized relatives are willing to do so or fail to within three months of the victim’s death. If a personal representative files a wrongful death action, the compensation does not go to them but to the legal beneficiaries.

It is vital to note that wrongful death claims are civil matters. So, regardless of a criminal charge against the at-fault party, you can still commence a wrongful death action. Our League City wrongful death attorney can help you with the process.

How Can You Prove Liability in a Wrongful Death Action?

Proving liability in a wrongful death claim is similar to what’s obtainable in personal injury cases. You must show how the at-fault party’s negligent action caused the deceased’s death. Essentially, you need to prove:

Duty of Care

First, you must establish that the at-fault party owed the deceased a duty of care. What this amounts to varies depending on how the accident happened. So, the duty of care in a car accident case will differ from that of a medical negligence or product liability case.

Breach

Here, you’re saying that the at-fault party breached their duty of care to the victim by performing a negligent act. Again, what amounts to a breach depends on how the accident happened. So, in a car accident, a breached duty could be running a red light while drunk driving, while in premises liability, it could be failing to warn lawful invitees and licensees of a hazardous condition on the premises.

Our legal team will carefully listen to you and provide legal options unique to your case. 

Causation

The third thing to prove is that the accident injuries led to the victim’s death. You must link the accident to the victim’s demise to have a valid claim. Suppose an underlying condition caused the deceased’s demise. In that case, you need to prove that the underlying condition would not have been aggravated to cause the death had it not been for the injury from the accident.

Damages

Finally, you must show the damages you suffered from the victim’s death. Typically, damages cover economic and noneconomic losses, including the following:

• Medical expenses if your loved one was hospitalized before passing away
• Loss of income and future earning capacity
• Loss of benefits, like health insurance
• The pain and suffering the victim endured before passing away
• Mental anguish
• Loss of consortium
• Loss of future inheritance
• Funeral and burial expenses
• Loss of companionship, love, and comfort
• Loss of the services the victim performed, like home maintenance.

In cases where there is evidence of gross negligence, you can demand punitive damages from the at-fault party. Punitive damages (called exemplary damages in Texas) punish those who were grossly or willfully negligent and serve as a deterrent to them and others. Our wrongful death lawyers in League City will examine your case and help you determine if you can ask for punitive damages.

League City Wrongful Death Lawyer FAQs

Losing a loved one is a traumatizing experience, and you may not know what to expect from the claims process and your legal rights. Below, we answered some of the questions we frequently encounter from our clients.

How Long Do I Have to File a Wrongful Death Lawsuit?

In Texas, plaintiffs have two years from the victim’s death to file a wrongful death lawsuit. If you file a case when the timeline has elapsed, the court will dismiss it without hearing it.

Is a Survival Action the Same as a Wrongful Death Claim?

No. A survival action compensates for damages the deceased person incurred between the time of injury and death, while a wrongful death suit pays damages the survivors suffered from the date of death onward.

How Much Can I Receive as Compensation in a Wrongful Death Claim?

There is no fixed compensation amount, as each case is decided on merits. So, based on the severity and extensiveness of your losses, you can get from thousands of dollars to millions.

How Much Do Wrongful Death Lawyers in League City Charge?

Like personal injury lawyers, wrongful death attorneys work on a contingency fee basis, meaning they charge a percentage of the settlement or court verdict. This is usually between 33% and 40% of the sum awarded, and lawyers only receive their payment when they get a favorable outcome.

These may not be your only questions; our attorneys will discuss your specific concerns in your initial consult.

How Can Our League City Wrongful Death Lawyer Help You?

It is not uncommon for insurance companies to allege that other factors led to a victim’s death to escape paying compensation on behalf of their policyholder, the at-fault party. At Terry Bryant Accident & Injury Law, we will ensure you do not get bullied by insurance companies and handle every correspondence with them and negotiations.

You have rights as the legal beneficiary of the deceased victim, and our attorneys will let you know what they are and help you protect them. 

We will investigate the facts leading to your loved one’s death, gather evidence to support your claim, and build a solid case. If needed, we will contact expert witnesses to testify on your behalf, and if your case goes to trial, we will argue in your favor before a jury.

Our most significant concern is helping you mourn your loved one without worrying about the financial implications of their absence. So, while our lawyers are compassionate, we will handle your case aggressively and will not relent until we get a favorable outcome. Contact us or visit our League City law office to learn more about how we can help you.

Book a Free Consultation With Our League City Wrongful Death Lawyer

Did you lose a loved one due to another person’s negligent behavior? If yes, you may be eligible for financial compensation, and our lawyers can help. We understand no amount of money can bring your loved one back, but it will help you settle outstanding debts and move on with life without worrying too much about your finances. Contact us at Terry Bryant Accident & Injury Law today at (713) 973-8888 for a free case evaluation.