Did you lose a loved one in a fatal accident in The Woodlands, TX? If so, you could be entitled to compensation for medical expenses, pain and suffering, funeral expenses, and more.
Contact a wrongful death lawyer in The Woodlands at Attorney Brian White Personal Injury Lawyers to discuss your rights. Our team has over 45 years of combined personal injury experience and has recovered tens of millions of dollars for our clients. We understand how difficult wrongful death claims are for families, and we’ll support you through every step of the process.
Call us today at (346) 534-7242 to schedule a free consultation. We can answer your questions and walk you through the legal process.
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How Attorney Brian White Personal Injury Lawyers Can Help With a Wrongful Death Case in The Woodlands
It is tragic and heartbreaking to lose a loved one in an accident in The Woodlands, Texas. If someone else was responsible for your family member’s accident, they should be held accountable for the financial and emotional impact of your loss.
The team at Attorney Brian White Personal Injury Lawyers will help your family get the compensation it deserves after the loss of your loved one.
Our team has over 45 years of combined personal injury experience. We’ve recovered tens of millions of dollars in settlements and verdicts for our clients. Our team has received a 10.0 Avvo Rating, been named to the National Trial Lawyers Top 100, and is a member of the Multi-Million Dollar Advocates Forum.
When you hire us for a wrongful death claim, we’ll:
- Investigate the accident to determine all parties liable
- Gather evidence to strengthen the claim
- Review evidence and work with expert witnesses to determine the value of your claim
- File a claim with the responsible party’s insurance company
- Negotiate to get a fair settlement
- If necessary, file a lawsuit and represent you in court
- Provide your family with legal guidance and advice
- Keep you updated on the status of your case
- Handle all administrative tasks and comply with all deadlines
Our firm will handle all of the logistics of your case and get the compensation you need so your family can take time to grieve and come to grips with your loss.
Schedule a free consultation today with one of our personal injury attorneys in The Woodlands.
How Common Are Fatal Accidents in Texas?
Unfortunately, fatal accidents are more common than most people realize. Texas is one of the more dangerous states when it comes to car accidents. Data from the Texas Department of Transportation reports that there were 4,283 fatalities from motor vehicle accidents in 2023.
In addition, workplace accidents continue to be an issue. According to data from the U.S. Bureau of Labor Statistics, there were 564 fatal workplace accidents in 2023.
From workplace and car accidents, there were an average of 13 fatal accidents in Texas every day during 2023.
How Much Is My Texas Wrongful Death Case Worth?
The value of wrongful death claims can vary substantially from one case to the next. To get an estimate of how much your case is worth, you’ll need to consult with a wrongful death attorney.
Some of the factors that have the biggest impact on the value of wrongful death cases are:
- The victim’s age and life expectancy at the time of the accident
- The amount of medical expenses incurred
- The circumstances of the accident
- The impact of the victim’s loss on the family
- The victim’s lost earning potential
- The amount of insurance coverage available
- Whether or not the victim was partially at fault in the accident
Wrongful death cases are particularly difficult to value. Our team of personal injury lawyers will review evidence, work with experts, and consult with your family to determine the value of your wrongful death claim.
How Does Texas Law Define Wrongful Death?
Under Texas law, an individual can be held accountable for another person’s death “was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”
Depending on the circumstances, a claim may potentially be brought against a:
- Manufacturer
- Government agency
- Property owners
- Negligent motorist
- Negligent party’s employer
When you choose to work with us, we will evaluate your cases and help your family seek the compensation you need and deserve.
Who Can File a Wrongful Death Claim in Texas?
In Texas, the surviving spouse, children, or parents of a deceased person can file a wrongful death claim. These individuals are considered personal beneficiaries of the claim. If no family member files a claim within three months of the death, the estate’s executor or administrator can file the claim.
What Damages Are Available to Family Members in Texas Wrongful Death Cases?
A wrongful death case is a type of personal injury claim. Family members are entitled to compensatory damages for their losses, including economic and non-economic damages.
Economic damages commonly awarded in wrongful death claims are:
- Medical expenses incurred by the victim between the time of the accident and the victim’s death
- Funeral expenses
- Lost income and earning potential
- Property damage
- Counseling expenses for surviving family members
Non-economic damages in wrongful death cases include:
- Pain and suffering
- Loss of consortium
- Decreased quality of life
- Mental anguish and emotional distress
In some wrongful death claims, family members can also recover punitive damages. These are only awarded when the liable party’s behavior was willful, intentional, or grossly negligent. The purpose of punitive damages is to punish the liable party and deter bad behavior.
An experienced personal injury lawyer can evaluate your case and discuss the damages applicable in your case. After the loss of your loved one, you only have one opportunity to get compensation from the responsible party. It’s vital to request compensation for all damages you’re entitled to to ensure your family gets the compensation it deserves.
How Much Does a Texas Wrongful Death Lawyer Cost?
The Woodlands wrongful death attorneys work on a contingency fee basis. This means that they only get paid if their client gets paid through a settlement or verdict.
At the start of representation, the attorney and client will agree on a contingency fee rate. This is the percentage of any award or settlement that will go to the attorney to cover attorney fees. This percentage is usually between 33% and 40% and varies based on the facts of the case, the type of case, the location, and the attorney.
If your family gets paid through a settlement or verdict, the agreed-upon percentage of the award will go to your attorney to cover fees. For example, if the contingency rate is 25% and your family gets a $100,000 settlement, $25,000 will go to your attorney.
You won’t pay any attorney fees upfront or out-of-pocket. Plus, you can trust that your legal team will fight to get the best result possible because they’re personally invested in your case.
Can I Recover Damages if My Loved One Was Partly at Fault for a Fatal Accident in Texas?
As terrible as it sounds, it’s common for insurance companies and responsible parties to blame the victim after fatal accidents. This is a strategy used to avoid liability and minimize the value of claims paid to family members.
Under Texas comparative negligence laws, a party can recover damages as long as they’re not more than 50% at fault for the accident. This means that if your family member was 50% or less responsible for the accident, you can still bring a wrongful death claim. However, your damages will be reduced by the proportion of your loved one’s fault.
For example, if a victim was 10% at fault for the accident, you can only recover 90% of your damages.
What Causes Most Fatal Accidents in The Woodlands?
The unfortunate reality is that most fatal accidents can be avoided. Our team sees many different types of accidents, but negligence is the cause of most fatal accidents.
Our team handles all types of wrongful death claims, including those that involve:
- Car accidents
- Truck accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Uber and Lyft accidents
- Workplace accidents
- Medical malpractice
- Construction accidents
- Animal attacks and dog bites
- Slip and fall accidents
We support families through every step of a wrongful death claim. We can investigate your accident and identify who is liable.
How Do I Prove Negligence After a Fatal Accident in Texas?
Most wrongful death claims are brought under a legal theory of negligence. The idea is that the negligence of another party caused your loved one’s accident.
To successfully bring a negligence claim, you must prove:
- The responsible party owed your loved one a duty of care.
- The responsible party breached that duty of care.
- The breach was the direct and proximate cause of the accident.
- You suffered injuries and losses because of the accident.
Our team has decades of personal injury cases and knows how to build a strong negligence cause. We’ll investigate your case, gather evidence, and work with experts to ensure your family gets the compensation it deserves.
How Long Do I Have to File a Wrongful Death Lawsuit in Texas?
In most cases, the statute of limitations for wrongful death lawsuits is two years. Families have two years from the date of an accident to file a wrongful death lawsuit against the responsible party.
There are some exceptions to this rule based on the type of accident and the facts of the case. A personal injury lawyer can evaluate your case and determine when the statute of limitations will run.
Once the limitations period has expired, you have no right to recover damages from the at-fault party. While it’s difficult to start a wrongful death claim when your family is dealing with loss and grief, it’s important to initiate the process as soon as possible.
Schedule a Free Consultation With a Wrongful Death Lawyer in The Woodlands
If you lost a loved one in a Texas accident, contact Attorney Brian White Personal Injury Lawyers. Let our team handle your wrongful death claim so you and your family can focus on grieving and healing after a tragic loss.
Call us today, contact us online, or visit our law office to schedule a free case evaluation with a wrongful death lawyer in The Woodlands.
