The sudden and unexpected death of a loved one is an extremely difficult experience that can create hardships for the deceased person’s family. When a person’s death was the result of another party’s negligence or wrongful conduct, family members can be entitled to file a wrongful death lawsuit against the negligent party.
Under Texas law, an action for damages arising from an injury-causing death can be brought when liability exists. Because the statute of limitations on wrongful death claims in Texas is two years, you will want to take legal action as soon as possible so an investigation can be performed.
If your loved one died as the result of another party’s negligence in the Beaumont-Port Arthur Metropolitan Statistical Area, our heart goes out to you during this incredibly difficult time. At Portner Bond, PLLC, we have handled many wrongful death lawsuits over the years, so we are familiar with the toll they take on grieving families.
Our firm will work tirelessly to hold the negligent party in your case fully accountable. We will be with you every step of the way, handling all legal matters and providing compassionate support. Our experienced wrongful death attorneys in Beaumont will fight to preserve your rights and help you understand all of your legal options as soon as you call (409) 838-4444 or contact us online for a free, no-obligation consultation.
Do I Need A Wrongful Death Lawyer?
The death of a loved one can lead to a complicated situation in the home that a person left behind. Different family members may have opposing opinions about what should be done. Also, about who should be in charge of any legal action.
An attorney can take the pressure off you by starting an independent investigation into your loved one’s death. They also work to collect all relevant evidence while you recover emotionally. The insurance companies for some negligent parties will be exceptionally quick to offer a victim’s family a lump sum settlement. This is often presented before a family has even had the chance to contact a lawyer.
You need to understand that most initial settlement offers are lowball amounts, nowhere near what victims are actually entitled to. An attorney will give you the best chance at recovering a fair and full settlement.
A lawyer will also be helpful in cases where insurance companies deny liability. Many insurers will try to pin the blame for an accident on the deceased person, and Portner Bond, PLLC can prove when another party was to blame and deserves to be held accountable.
Why Choose Portner Bond, PLLC To Handle My Case?
Chris Portner was recognized in Texas Monthly in 2007 and 2008 as a rising star by Texas Super Lawyers (a Thomson Reuters service) and is a member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, both of which are limited to fewer than 1% of attorneys in the United States. He is also a member of the Jefferson County Young Lawyers Association, Jefferson County Bar Association, State Bar of Texas, and American Association for Justice.
Trent Bond is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He was recognized in Texas Monthly in 2011 through 2018 as a Texas Super Lawyer by Texas Super Lawyers. He is also the vice president of the Jefferson County Bar Association.
The Beaumont accident attorneys of Portner Bond, PLLC are committed to helping every client get justice. We represent clients in Beaumont, Port Arthur, Groves, Humble, Conroe, Friendswood, Houston, The Woodlands, Port Neches, & Orange. We also help in Baytown, Texas City, Nederland, Bronson, Vidor, Galveston, Jasper, Sugar Land, Crystal Beach, and Pasadena.
Our legal team can negotiate a just settlement for your case. However, we are willing to file a lawsuit if it is necessary to obtain fair compensation. You should also know that it will not cost you anything. We handle cases on a contingency fee basis. This means we only get paid when you receive a monetary award.
Types of Wrongful Death Cases We Handle
Under Texas law, a wrongful death action can be brought when a fatal injury was caused by another party’s “wrongful act, neglect, carelessness, unskillfulness, or default.” Wrongful death actions are for the exclusive benefit of the surviving spouse, children, and parents of the deceased, and these parties are the only people authorized to bring wrongful death claims under Texas law. However, when none of the entitled individuals have filed an action within three months of the person’s death, a deceased person’s administrator or executor may bring a claim.
A wide variety of accidents kill people, many of which can be grounds for a wrongful death lawsuit. Examples of accidents that frequently lead to wrongful death lawsuits include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Work Injuries
- Industrial Accidents
- Construction Accidents
- Refinery Accidents
- Oil and Gas Injuries
- Third-Party Claims
- Mesothelioma & Other Diseases Related to Asbestos and Exposure to Toxic Material
- Medical Malpractice
- Dog Bites & Animal Attacks
- Amusement Park Accidents
- Day Care Injuries and Negligent Supervision
- Product Liability
It is also possible that it isn’t an accident that kills someone. An intentionally violent act like murder or assault can cause their death. Such incidents will frequently result in criminal charges against the person responsible for an act of violence. It’s important to note that a criminal case is a completely separate case. They have a far higher burden of proof than a civil case. The proof must be beyond a reasonable doubt, meaning a juror cannot have any doubt about a person’s guilt.
Frequently Asked Questions (FAQs) About Wrongful Death
You likely have many questions concerning what legal action to take after losing a loved one. Below are some questions we get asked frequently at Portner Bond, PLLC. We hope they will provide you with valuable information and insight. If you have any additional questions, do not hesitate to contact our experienced wrongful death attorneys in Beaumont today. We want to help in any way we can during this incredibly difficult time.
How long do I have to file a wrongful death lawsuit in Texas?
You have two years to file a wrongful death lawsuit in Texas. Two important exceptions exist to this statute of limitations, however. First, the cause of a person’s death is not always immediately known. A liable party may not be revealed until much later. A family learns after the fact that another party’s negligence caused a loved one’s death. The limitations period will then be two years from the date they knew. That, or when they should have known that another party’s negligence caused a loved one’s death. In Texas, a person who is younger than 18 years of age is considered to be “under a legal disability.” State law provides that the time of disability will not be included in a limitation period. For example, children who had a parent killed will have two years to file a lawsuit when they turn 18 years of age.
What kinds of damages can be recovered in a wrongful death case?
A considerable number of wrongful death cases will be resolved through settlements because many insurance companies for negligent parties will ultimately determine that settling a case is more economically favorable than taking it to trial. Some cases do ultimately end up in court, and a victim who proves their case could be awarded compensatory damages. Compensatory damages are usually a combination of economic damages or tangible losses that can be calculated and proven, and non-economic damages, which deal with more subjective harm that cannot be quantified.
Economic damages usually include awards for medical bills, lost earning capacity of the deceased, and property damage, while noneconomic damages may be awards for loss of companionship, emotional distress, or loss of consortium. Punitive damages (sometimes referred to as exemplary damages or vindictive damages) are awarded in a very rare number of cases
Is a survival claim the same thing as a wrongful death claim?
No. A wrongful death claim is intended to compensate the family of a deceased person for their loss, but a survival claim is essentially the personal injury action that the victim would have filed had they survived. Compensation for a survival claim goes to a deceased person’s estate, and the claim is handled by the administrator or executor. Some cases could involve both wrongful death and survival claims.
Contact a Wrongful Death Attorney in Beaumont Today
If your loved one was killed in an accident caused by another party’s negligence in Southeast Texas, you should not have to struggle with the consequences of your loved one’s death. You deserve full and fair compensation for your losses. An experienced wrongful death attorney in Beaumont can help you get it.
Portner Bond, PLLC understands the many ways that families can have their lives turned upside down by an unexpected death. We handle all of the legal paperwork and court filings. This way, you can take all the time you need to grieve. Call (409) 838-4444 or contact us online today to set up a free consultation so we can discuss the details of your case.