Wrongful Death Attorney in Bryan, TX

Accidental & Wrongful Death Law Firm in Bryan, TX

Reckless driving or drunk driving, a defective product, dangerous conditions on public property—almost any type of accident can result in a wrongful death. When the actions or negligence of another result in death, surviving family members may file a wrongful death lawsuit with a personal injury lawyer. In Texas, wrongful death lawsuits may be filed by the surviving spouse, children, or parents of the deceased.

When Is It Appropriate to File a Wrongful Death Claim?

The surviving spouse or other close family members of a deceased person may file a wrongful death claim when the death was caused by another person’s negligence or wrongful act. By pursuing legal action, the plaintiff is seeking financial compensation from the responsible party or responsible parties. The success of a wrongful death case typically requires two things to be proven: the plaintiffs (the deceased person’s family) must first prove that the defendant (the negligent person responsible for the accident) was indeed responsible for the deceased person’s injuries and death.

They must also prove the full value of the damages they’re seeking to recover. Wrongful death claims are frequently complex and face resistance from the defendants, who may dispute their liability for the accident or the value of your damages. This is why wrongful death attorneys in Bryan, TX, can be of such value. Experienced attorneys are well-versed in wrongful death state laws and have plenty of prior experience winning similar cases. They know how to strengthen and prove the value of a claim.

What Are the Types of Wrongful Death Claims?

Any personal injury accident may qualify as a wrongful death case if the accident resulted in the injured person’s death and was caused by a negligent act. Here are a few of the more common types of wrongful death situations where an attorney could help you pursue justice.

Empathy

A great car accident lawyer will understand how difficult and stressful your situation is. They should be able to show empathy and provide emotional support throughout the legal process.

Transparent billing

Legal billing should not be murky or difficult to discern. Choose a car accident attorney that offers transparency regarding their billing practices.

Experience

Your car wreck lawyer should have years of experience handling car accident cases. They should also be qualified to practice law in your state. Always remember to ask your potential attorney how many cases like yours they have won for previous clients.

Excellent communication skills

Your car wreck attorney should be able to communicate effectively with you, the insurance company, and the court. They should be able to explain complex legal jargon in a way you can understand and remain in touch throughout your case.

Extensive knowledge of the law

Your car accident lawyer should have a comprehensive understanding of personal injury law, including auto accident law. They should also be up to date on all recent changes regarding Texas state law.

How a Wrongful Death Attorney in Bryan, TX Can Help You

Wrongful death attorneys add enormous value to wrongful death lawsuits. It’s almost always unwise to embark on a claim without an experienced lawyer by your side.

Woman with her face in her hands grieving

An Attorney Can Clarify Your Legal Options

Dealing with a loved one’s death is never easy. Surviving family members may be facing unexpected financial hardship just at a time when they need to grieve and adapt to living with their loss.

A prompt wrongful death claim is often the best route to justice and financial recovery. However, the prospect of filing an insurance claim or lawsuit may seem daunting and more than a little confusing to the injured family members. An attorney can take this burden off your shoulders, handling the entire case on your behalf from start to finish.

Your Attorney in Bryan, TX, Can Calculate Your Damages

When you seek justice for your losses, you first need to understand the potential monetary value of your case. Your lawyer can calculate these damages for you and ensure that you don’t unwittingly leave any money on the table.

The full compensation pursued consists of two or three types of damages. There are economic damages, non-economic damages, and occasionally punitive damages.

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Your Attorney Can Negotiate on Your Behalf

A wrongful death lawyer in Bryan, TX, can be your personal representative, handling all communications and legal matters relating to the case.

Your lawyer will negotiate with the insurance company, which is something a decedent’s spouse or family member may struggle to manage alone.

If you wish to recover compensation to cover all of your losses, your chances of winning a fair wrongful death settlement are almost always increased with an experienced Bryan, TX, wrongful death lawyer or law firm fighting your corner. Successful negotiation in a wrongful death case is a complex process that requires skill, experience, legal know-how, and evidence.

Your Attorney in Bryan, TX, Can Gather Evidence to Support Your Claim

A great deal of evidence is often required to prove that a parent, spouse, or decedent’s death was caused by the negligent actions of the defendant. For example, police reports, surveillance footage, photos, videos, and eyewitness statements might be used to prove the negligence of the other driver in a car accident. Each type of wrongful death case requires different kinds of evidence to prove exactly how the wrongful death action caused the loss of the person’s life.

Your wrongful death lawyer can investigate the accident thoroughly and collect all required evidence, including arranging expert witness testimony to validate your claim. Evidence will also be required to prove the full value of your damages. With medical expenses, you can present your bills and doctor’s records, which is usually quite straightforward. But some damages, such as pain and suffering or future medical bills, are harder to prove. Nonetheless, experienced wrongful death attorneys are adept at gathering sufficient evidence to persuade a jury of each one of their client’s damages.

Your Attorney Can Try Your Wrongful Death Lawsuit in Court

Wrongful death cases cannot always be settled out of court, in which case the best legal action may be a lawsuit and jury trial. If you choose to seek justice through the court system, an experienced board-certified trial lawyer can represent you and argue your case before the judge and jury.

It’s unwise to consider going to court without hiring an attorney with plenty of experience trying wrongful death cases before a jury. If you find a court-ready lawyer whose practice areas are focused on wrongful death cases, you’re likely to see your case settled sooner, with a payout that fairly provides for all of your losses.

Families May Be Able to Recover Compensation For:

Medical bills for care prior to death
Funeral expenses
Loss of future earning potential
Loss of affection and other non-economic damages
Punitive damages

Our wrongful death lawyer in Bryan, TX, has represented hundreds of grieving families over more than 12 years in practice. He knows the law and how to build a solid case that demonstrates the liability of the responsible party. Our wrongful death lawyer can assess your situation and recommend the best way to move forward.

If you need an experienced attorney to handle your wrongful death case, contact Brian C. Gutierrez for a free consultation. Your chances of recovering a full and fair settlement significantly increase with an award-winning, board-certified trial lawyer fighting by your side.

Economic Losses and Non-Economic Losses

You may be able to recover damages for any medical expenses from the treatment your loved one received before they passed. Your monetary damages will also typically cover funeral and burial costs. You may also recover compensation for any financial support you’ve lost due to the death of your loved one. This might even include lost inheritance if your loved one would have continued saving toward your inheritance had they survived.

Your wrongful death settlement may also include non-economic damages. Non-economic damages often include emotional distress and loss of consortium damages: the loss of companionship, loving support, family support structure, parental guidance for minor children, and any other benefit that the relationship with the deceased person previously provided.

What Are the Potential Punitive Damages?

In some cases, the defendant might be found to have acted with more than just negligence. They may have acted recklessly or even with willful wrongdoing. In these situations, the plaintiff may also be awarded punitive damages. These are additional damages designed to punish the defendant rather than provide compensation for any losses the plaintiff has suffered.

Understanding the Statute of Limitations

There is a two-year statute of limitations in the state of Texas for wrongful death claims. If you do not file your lawsuit before this time, you will not be able to seek compensation for your loss. For this reason, we encourage you to speak with a wrongful death attorney as soon as possible. This will help you avoid missing any deadlines and allows your lawyer time to investigate and prepare your case.

Wrongful Death FAQ

Who can file a wrongful death lawsuit in Texas?

In Texas, the right to file a wrongful death lawsuit is limited to the deceased person’s spouse, children (including legally adopted children), and parents. These family members may file individually or together. When none of the eligible individuals file a wrongful death claim within three months of the death, the executor or administrator of the deceased’s estate can file a lawsuit unless all eligible family members specifically request that a wrongful death claim not be filed.

What are the common causes of wrongful death?

Wrongful death cases arise when a person dies due to the negligence, recklessness, or intentional actions of another party. Common causes include:

Car Accidents: Cases of drunk driving, distracted driving, speeding, or reckless behavior.
Medical Malpractice: Errors such as surgical mistakes, misdiagnosis, or medication errors.
Workplace Accidents: Fatal injuries are far too common in high-risk industries like construction and manufacturing.
Defective Products: Malfunctioning vehicles, dangerous drugs, faulty machinery, and faulty or unsafe commercial products.
Criminal Acts: Homicide, assaults, and other intentional acts of violence causing a death.
Slip and Fall Accidents: Property owner negligence leading to fatal injuries.

How do wrongful death cases differ from criminal cases?

The main difference between wrongful death cases and criminal cases lies in their purpose, burden of proof, and potential outcomes:

Purpose:

Wrongful death cases are civil lawsuits filed to pursue compensation for surviving family members.
The state brings criminal cases to convict and punish a perpetrator by imposing jail time or fines.

Burden of Proof:

Civil cases require a preponderance of the evidence (more likely than not).
Criminal cases require proof beyond a reasonable doubt, a much higher standard.

Outcome:

A wrongful death lawsuit can be successful in recovering monetary damages for the surviving family.
A criminal conviction may result in prison time, probation, or fines, but no direct compensation to the family.

A defendant can face both a wrongful death lawsuit and a criminal case simultaneously. For example, after the O.J. Simpson trial, he was acquitted in criminal court but found liable in a wrongful death lawsuit.

Who gets the money in a wrongful death case?

In Texas, compensation from a wrongful death lawsuit goes directly to the spouse, children, and parents of the deceased. The adult beneficiaries can determine how the funds are distributed when a case settles out of court. When an agreement cannot be reached, a lawyer can help resolve this matter equitably. The damages may include:

Economic losses – Lost income, medical bills, and funeral costs.
Non-economic damages – Pain and suffering, mental anguish, and loss of companionship.
Punitive damages – If the defendant acted with gross negligence or intentional harm.

If the estate’s executor files the lawsuit, any awarded damages may go to the estate and then be distributed according to the deceased family member’s will.

How long do wrongful death cases take?

The timeline for a wrongful death case varies based on complexity, evidence, and negotiations but typically ranges from several months or may require more time. Key factors include:

Investigation and Evidence Collection: It can take months if expert witnesses or accident reconstruction is needed.
Negotiations and Settlement Talks: Many cases settle out of court, which may require months before a fair settlement offer can be reached.
Trial Process: When a case must go to trial, it can add time due to court schedules and appeals.

In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death, though there are exceptions in some instances.

Wrongful Death Lawyer in Bryan, TX

Accidental & Wrongful Death Law Firm in Bryan, TX

When Is It Appropriate to File a Wrongful Death Claim?