Cypress Wrongful Death Attorney
While death is a natural part of life and an inevitable consequence, there is nothing natural about suffering a fatal injury due to the negligence of another party. At The West Law Office, our team of experienced Cypress wrongful death attorneys knows how devastating and shocking losing a loved one is. If you have lost a loved one as a result of unnatural causes, you may have a wrongful death action. Call our team today to learn more.
What Is a Wrongful Death Action?
A cause of action for a wrongful death claim exists when the negligence or wrongful act of one party (the defendant) leads to the death of another. When this is the case, surviving family members or the personal representative of the decedent can bring forth a claim to recover damages. In a wrongful death action, the plaintiff must prove that the defendant owed the decedent a duty of care, that the duty of care was breached, and that breach of the duty of care was the proximate cause of death.
Damages Recoverable in a Wrongful Death Suit
A wrongful death claim is brought to recover damages that have been suffered by the decedent’s estate and loved ones. Types of damages recoverable in a Texas wrongful death action include:
- Lost wages and earning capacity;
- Medical bills incurred prior to death;
- Funeral and burial expenses;
- The loss of love and companionship of the decedent;
- Pain and suffering; and
- Lost inheritance.
In some cases, exemplary damages may also be recoverable. Exemplary damages may be sought when the decedent’s death is caused “by the willful act or omission or gross negligence of the defendant,” as found in Texas Civil Practices and Remedies Code Section 71.009.
Time Limit to Bring Forth a Wrongful Death Action
A wrongful death claim must be brought within the state’s statute of limitations in Texas. Under the law, a surviving family member/representative of the deceased person’s estate only has two years from the date of death to bring forth a wrongful death action for damages. If the two-year limit is breached, the right of action is forfeited.
How Our Wrongful Death Lawyers Can Help
Our wrongful death lawyers at The West Law Office are passionate about representing our clients and ensuring that justice triumphs. If you have lost a loved one due to another’s actions, we can help you by investigating your case, building your claim, calculating your damages, determining liability, filing your claim, negotiating your settlement, and litigating your case in court. We work on a range of wrongful death claim types, including car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and more.
Call Our Cypress Wrongful Death Lawyers Today
We know how devastating losing a loved one is. While there is nothing that can give you your loved one back, there is a way to hold the responsible party liable and recover a monetary settlement. When you call our Cypress wrongful death lawyers, we can start working on your case immediately. Reach us today by phone or online for your free consultation.
