In Texas, certain immediate family members can file a claim for compensation and try to hold the negligent party responsible for their loved one’s death. This legal process helps families recover expenses for funeral costs, mental anguish, and more. If your loved one died in an accident someone else caused, a wrongful death lawyer in Cypress, TX, may be able to help you take legal action!
At D. Miller & Associates, PLLC, our wrongful death attorneys know how to act aggressively on behalf of our clients. We treat every family with the compassion they deserve. We will help you understand what to expect and guide you through each step of the way. We will do everything we can to hold the at-fault party accountable for their actions.
Recoverable Damages After a Loved One’s Death in Cypress
Under state law, there are two separate legal actions that allow you to recover compensation for the death of your loved one in Texas. Depending on your situation, you may be able to file a wrongful death claim or a survival action.
A Wrongful Death Action
A wrongful death action is a way to try to recover compensation to cover your family’s losses and expenses stemming from the death of an immediate family member. Your losses could include:
- Funeral and burial expenses;
- Loss of the deceased’s future household income;
- Loss of inheritance from the deceased;
- Loss of companionship, household services, and support; and
- Your mental anguish.
As you can see from the list, a wrongful death action focuses on your losses, as well as the losses of other immediate family members who qualify. It does not cover the losses your loved one experienced before their death.
A Survival Action
A survival action allows you to try to recover the damages your loved one may have received from a personal injury lawsuit if they survived. These damages go to the estate instead of to you. Family members will first follow the terms of your loved one’s will, if they had one, receive any remaining amount as outlined in your loved one’s will.
The damages you may be able to recover through a survival action include:
- Medical treatment and related expenses;
- Out-of-pocket costs;
- Repair or replacement of their vehicle or other property; and
- Damages for any pain and suffering they experienced while conscious after the accident.
We can further explain the differences in a wrongful death and a survival action during your complimentary consultation.
Family Members Eligible to File a Wrongful Death Action in Texas
Only certain relatives are allowed to file a wrongful death action in Texas. You can legally file this type of claim if you are:
- A spouse who was legally married to the deceased at the time of their death;
- An adult or minor child of the deceased; or
- A surviving parent of the deceased.
When one eligible family member takes action in this type of case, the recovery will benefit all eligible family members. This means if you file a claim as a parent, you will not need to file a separate action on behalf of your children. With your permission, the executor of your loved one’s will can also file this type of claim on behalf of your family.
In certain rare cases, we may also be able to recover compensation for the expenses of other family members. For example, imagine the deceased was not married, did not have any children, and their grandparents paid for their funeral and burial. We may be able to prove their expenses and recover these losses through a wrongful death claim.
Pursuing a Wrongful Death Action in Cypress, Texas
Our Cypress wrongful death team will build a strong case for you and aggressively pursue your claim. While there are no guarantees, we can navigate the process for you, so you can focus on your family while we fight what you deserve.
We will protect your legal rights as a surviving family member and manage all communication with the insurance company and liable party. We can handle almost any type of wrongful death case, including:
- Car accidents;
- Truck accidents and 18 wheeler or semi truck crashes;
- Motorcycle accidents;
- Pedestrian accidents and bicycle accidents;
- Boating crashes;
- Swimming and diving mishaps;
- Slip and fall accidents;
- Traumatic brain injuries;
- Head injuries; and
- Spinal cord injuries.
After we investigate your case, identify the liable party, and obtain the evidence necessary to pursue compensation, we will begin by filing a claim with the at-fault party’s auto, homeowner, or business liability insurer. We may be able to negotiate a fair settlement agreement with the insurance company and avoid filing a lawsuit and going to court.
If the insurance company refuses to agree to a fair settlement, we are not afraid to litigate your case. We will file a lawsuit and ask the judge to decide on what your family deserves.
Talk to a Wrongful Death Lawyer in Cypress
The Texas statute of limitations gives us two years from the date your family member passed away to file a lawsuit and collect damages for their wrongful death. However, we recommend calling us as soon as possible after an accident. Eventually, evidence begins to disappear and it becomes harder to fight for what you deserve.
The wrongful death attorneys at D. Miller & Associates, PLLC, are standing by to take your call. We are ready to go to work for you. We can explain your options and build a solid case that will allow you to get the compensation you deserve.
Call us at 713-850-8600 for a free case review with a Cypress wrongful death lawyer.
Related Frequently Asked Questions
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- Which Relatives Are Allowed To Sue For Wrongful Death?