Have you lost a loved one in a fatal accident in Clear Lake, Texas? This is an extremely difficult time, and it can be even more difficult when someone else is responsible for your loved one’s death. You may find yourself struggling to pay for final medical bills, funeral costs, and other expenses while you are dealing with the emotional pain of your loss.
You need an experienced Clear Lake wrongful death lawyer who can hold the responsible party accountable for their actions. At Attorney Brian White Personal Injury Lawyers, we have experience helping clients get the recovery they deserve. We are here to help, and we will be with you every step of the way.
You do not have to go through this difficult time alone. Contact us today to schedule a free consultation with a Clear Lake wrongful death lawyer at (936) 508-2854.
Table of Contents
How Attorney Brian White Personal Injury Lawyers Can Help After an Accident in Clear Lake, TX
We understand that the time after a fatal accident in Clear Lake, Texas is challenging. You need time to grieve your loss, but the legal complexities of the situation can make that difficult. That is where we can help.
At Attorney Brian White Personal Injury Lawyers, our Clear Lake personal injury lawyers have over 45 years of combined experience helping clients get the justice they deserve. We have recovered tens of millions of dollars for victims of car accidents, truck accidents, and other types of devastating accidents.
Let the team at Attorney Brian White Personal Injury Lawyers handle your claim from start to finish. We have the experience you need on your side after losing a loved one because of someone else’s negligence.
Some ways we can help you include:
- Investigating the accident to determine what caused it and who was at fault
- Filing all necessary paperwork for the insurance claims process
- Gathering evidence and hiring experts to help prove your case
- Assessing all available insurance coverage to maximize your recovery
- Handling all communications with the insurance adjuster and defense attorneys
- Aggressively negotiating a settlement that fully compensates you for your loss
- Filing a wrongful death lawsuit and taking your case to a jury when a fair settlement cannot be reached
After the loss of a loved one, things can seem like a whirlwind. Although financial compensation can never replace your loved one or take away the pain of the loss, it can relieve some of the stress of your future. Contact us today to schedule your free consultation with a Clear Lake wrongful death lawyer to let us get started putting together a winning strategy for your claim.
Who Can File a Wrongful Death Lawsuit?
In most personal injury cases, the victim is the one who pursues a claim against the responsible party. However, in a wrongful death accident, the victim’s family is left behind picking up the pieces. Not just anyone can file a wrongful death claim after a fatal accident.
Texas law specifies that only certain family members can file a wrongful death action after the death of a loved one, including:
- A surviving spouse
- Parents
- Children (biological or adopted)
Many people wonder what happens if none of these relatives survive the deceased. In that case, the victim’s estate can file a claim.
Additionally, if none of the close relatives file a claim within three months of the death, the estate may file one. This means that the executor would file the claim on behalf of the deceased’s beneficiaries. Any compensation awarded to the estate would be distributed according to the deceased’s will or the Texas intestate succession laws.
What Kind of Damages Are Available in Wrongful Death Cases?
A victim’s family may be entitled to recover both economic and non-economic damages in a wrongful death case. Together, these damages compensate the family for any financial losses as well as for their emotional pain and suffering.
Some common examples of damages in a wrongful death case are:
- Funeral costs
- Expenses for any medical treatments that occurred before death
- Loss of inheritance
- Loss of financial support
- Mental anguish
- Loss of consortium
- Loss of companionship
When you lose a loved one, their loss is often felt for the rest of your life. We understand that money can never replace your family member. However, it can help secure your financial future. Contact us today to let us help you get all the damages to which you may be entitled.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
If you have lost a loved one, you are likely already under financial strain. You may be trying to come up with the money for funeral and burial expenses, and you may have relied on your loved one’s income to pay the bills. Hiring a wrongful death lawyer might seem like something that you just can’t afford.
Thankfully, hiring a wrongful death lawyer will not cost you anything upfront. Wrongful death lawyers work on a contingency fee basis. This means that the lawyer does not charge an upfront fee. Instead, they take their fee after the case is resolved as a portion of any compensation awarded to the client.
There are several factors that can affect the amount of the fee, including:
- The complexity of the case
- The lawyer’s experience level
- The lawyer’s track record
- Your location
- Whether the case settles out of court or goes to trial
According to Texas Disciplinary Rules of Professional Conduct, a contingency fee agreement in Texas must be in writing. The agreement should specify how the fee will be calculated, and it should also specify any differentiation in fee if the case settles, goes to trial, or is appealed.
At Attorney Brian White Personal Injury Lawyers, we will never charge you a fee unless we win your case. Additionally, we provide free consultations, so there is no risk in speaking to one of our Clear Lake wrongful death lawyers and learning more about how we can help.
Can I Recover Compensation If the Victim Is Being Blamed For a Fatal Accident in Texas?
A common tactic used by insurance companies to minimize claims or avoid paying them altogether is to blame the victim for the accident. In some states, victims cannot recover any compensation if they are partially responsible for their accident. However, Texas follows a modified comparative negligence rule in personal injury cases.
Under this rule, a victim may still recover damages as long as they are less than 51% responsible for the accident. Their recovery will simply be reduced by their portion of the fault. For instance, imagine a victim suffers $100,000 in damages in an accident but is found to be 20% responsible. They would still be entitled to recover 80%, or $80,000, of their damages.
In wrongful death cases, this same rule applies. The victim’s proportion of the fault simply passes to the family member who brought the wrongful death action. So, as long as the victim was less than 51% at fault for the accident, the family can still recover compensation.
What Causes Most Wrongful Death Accidents in Clear Lake, Texas?
Thousands of fatal accidents happen across Texas every year. There are a variety of different types of accidents that may result in death.
Some of the most common fatal accidents occurring in Texas are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- DUI accidents
- Oil and gas field accidents
- Construction accidents
- Bicycle accidents
- Pedestrian accidents
- Accidents involving defective products
- Medical malpractice
If you have lost a loved one in an accident due to someone else’s negligence, contact Attorney Brian White Personal Injury Lawyers. We will fight diligently to hold the responsible party accountable and get you all the compensation you are owed.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
Texas has a two-year statute of limitations for filing a wrongful death lawsuit. In most cases, this means that you have two years from the date of your loved one’s death to file the lawsuit. Waiting too long and missing the deadline can cause you to lose all your rights to recover compensation.
There are a few special circumstances in which the timeframe can be shorter or longer than the general rule. For this reason, you should always contact an experienced wrongful death lawyer as soon as possible. At Attorney Brian White Personal Injury Lawyers, we can help evaluate your claim and determine the specific filing deadline for your case.
Contact Our Clear Lake Wrongful Death Lawyers For a Free Consultation
If you have lost a family member or loved one in an accident in Clear Lake, Texas, contact Attorney Brian White Personal Injury Lawyers right away. We will handle every detail of your claim from start to finish and help you get justice for your loved one’s death. Don’t wait until it is too late to file a claim. Call us now to schedule a free consultation with a Clear Lake wrongful death lawyer and let us go to work for you.
